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5/8/2014 CONSERVATION COMMISSION Minutes
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5/8/2014 CONSERVATION COMMISSION Minutes
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Mashpee_Meeting Documents
Board
CONSERVATION COMMISSION
Meeting Document Type
Minutes
Meeting Date
05/08/2014
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4 <br /> AL <br /> i t <br /> Steve Ide questioned"f Mr. Wall condones the behavior of his client in.trying to- <br /> intimidate the abutters. He also questioned Mr. Wall's opinion and the process in which <br /> he got abutters to sign letters and he also stated he has never been on the Island. <br /> Atty. Schilling, representing the abutters, questioned the color of title and stated it is not <br /> recognized in the State of Massachusetts. He represents the abutters at 84 Punkhorn <br /> Road and they are claiming this marsh and their deed runs to the waters of Popponoett <br /> Bay. He said he did a title from 1877 to-date and in his inion SN'gust does not have <br /> title. He left a copy of his discussion for the record. He said the assessors neap shows the <br /> town actually owning where this dock(bridge) is going (proposed). He has no doubt that <br /> the title is not in SN Trust. He referred to a letter given to-the Agent regarding the <br /> prescriptive right. There is no right of way for Punkhom Island. nand Court did not <br /> grant it in 1955. He questioned the opinions of the other attorneys involved. He spoke <br /> about the adverse effect on shellfish and.navigation. Atty. Schilling believes the project <br /> should have a DRI review due to the fact it has regional impact. He referred to the list of <br /> roads and Purkhorn Point Road is a private road. He reiterated color of title is not <br /> recognized in the State of Massachusetts and title of insurance is not credible evidence. <br /> The Agent recommended going with town counsel's opinion and stated this is not the <br /> proper forum to discuss ownership and the Conservation Commission should deliberate <br /> over the environmental impacts. <br /> Robert Wolpe asked why town counselwasn't present. The Agent said he made it clear <br /> what the purview of the Commission is and the Conservation Commission is not the <br /> proper forum to follow up on this. Mr. Wolpe spoke about the ownership of the property. <br /> Mr. Wolpe was reminded again.that the Commission.is not gainto.deal.with.the i <br /> ownership question. Mr. Wolpe questioned why is the Commission going forward with <br /> the project. The Agent said there are other boards that need to review this project and <br /> town counsel will be following it and under Regulation 3 section 5 all other applicable <br /> boards and commissions have to have their permits issued before Conservation can close <br /> n a hearing. <br /> Gina Marie Mariana was representing Mr. W ltman and Mr. Atkins at 80.Pun horn Point <br /> Load. 'She read a letter opposing the application to construct a bridge and driveway to <br /> provide vehicle access to Gooseberry Island from Punkhorn Point Road. The letter with <br /> the attachments was entered into the official record. <br /> Mr. Wolpe addressed comments made at the last hearing. November 2013 the road at <br /> Punkhorn Point was regraded,by the applicant without perrn <br />
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