11/4/1991 BOARD OF SELECTMEN Minutes

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BOARD of SELECTMEN Page -I UTES MONDAY, NOVEMBER 41 1991 PoRponesset Island Bridge Discussion : Selectman Caffyn asks if the New seabury Corporation has been involved with funding since this is a ma or part of their develop- ment, Mr, Gordon replied he has not asked for their assistance . Counsel made note that the bridge appeared to be owned by the New Seabury Corporation. They unilaterally conveyed ownership to the bridge to the Bright Coves Association by executing an ammendmen o the area owned by Bright Coves Association to include the bridge. Bright Coves was not aware that this was done and did not consent o the ammen ed addition reports - Counsel. Peninsula Council , Bright Coves and New Seabury Corporation do not claim ownersh ip t6 -the bridge reports Counsel . If the Town males at taking states Counsel , it may be an unfriendly taking since the residents of the island oppose to it being a public way* To go forward, the Board of selectmen would have to sponsor Town Meeting action to take the roads -for public use. The Town bylaw require's 0% of lineal footage abutters on the island to grant consent and ask the Board of Selectmen to make the repairs on a temporary basis . Mr. Zeiger may be able to get the required percentage of owners consent . Mr. Gordon reports Bright Coves encompasses 242 houses . Fifty houses are on the island so the vast majority of residents do not live on the island and would derive no benefit . Mr . Finn asks Town Counsel if he would discuss the legal actions with th.ei'r attorney Brian Garner and attorney Turner . Town Counsel advises he will contact thea. Mr. Harrington noted the Town bylaw that would allow temporary repairs to the private way requires 0% of lineal frontage property owners deriving benefit to resolve the issue. The answer is no states selectman Lawrence. There is no Legal or financial remedy. The land court has jurisdiction of the owner of the bridge states Counsel . He suggests both sides appear before the land court judge . The judge could issue a . temporary order to allow repairs to be made due to the serious problem. The damage appears to be on the private side of the island states Selectman Manson . It has nothing to do with New Seabury or Bright Coves-. He suggests that Mr. Gordon may be overstepping by trying to fix a piece of road they have nothing to do with. Attorney Reardon suggests there is a plan that delineates the existing - ownership. He will fax the appropriate section to Mir. Gordon. Without a commitment of reimbursement, there is unfortunately nothing we can do states Selectman Jacobson. If further discussion is necessary, she suggests for Mr . Gordon and Mr. Zeiger to return next week -and be paceon the agenda . : o p.m. Mr. Russell E. Tin ha Jr. re: Appointment as Constable Mr, Tin ham was present to ask the Board to reconsider his request to be appointed as a Constable in Mashpee . This is h-is full time occupation. He noted that a request was submitted in 1990 .