1975-Annual Town Report - Laserfiche WebLink

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REPORT OF THE TOWN COUNSEL To the Honorable Board of Selectmen and the Citizens of the Town of Mashpee. The report of Town Counsel for the year 1974 is hereby submitted. A decision was rendered in the two cases of New Seabury Corporation al versus the Board of Appeals of the Town by Judge Nelson of Barnstable Superior Court. These cases were tried in January of 1974 over a period of one week, the Town utilizing the services of a Boston attorney, Manuel ' Katz, and involved questions as to the interpretation of a 1963 cluster zoning bylaw. The decision upheld the validity of the bylaw and gave protection to New Seabury as to the application of the newer zoning bylaws enacted by the Town. The Town entered an appeal to this decision, but subsequent to the end of the period which this report covers, withdrew its appeal. A decision was rendered by the master who heard the case of Anderson and Donato versus the Town. This case involved a petition for damages because of land of the petitioners adjoining Seconset of a taking made b the Town II g Y Island Road for the installation of a culvert and to provide a waterway connec- ting Hamblins Pond and Waquoit Bay. The master made an award of$1,500.00 j - to the petitioners for the taking. The appeal of Malcolm Macdonald from a decision of the Board of Appeals contesting the Board's refusal to permit him to extend his trailer park was not reached for trial. i The case of the Town versus the State Tax Commission before the Appel- late Tax Board initiated by the Assessors who alertly appealed from a deter- ! urination of value made by the State Tax Commission as to State-owned land for which the State makes payment to the Town as compensation for the loss of taxes at a predetermined rate was decided. The Appellate Tax Board, by agreement of the parties, entered a finding upholding the contentions of the Assessors as to the value of the State-owned land. The Superintendent of Streets has forwarded a number of claims to Town Counsel for minor damage to Town-owned property (signs, fences, and the like)caused by motorists and collection has been made on these claims. Shields-Acorn Corporation doing business as Jim's Package Store appealed from a decision of the Board of Appeals which limited the expansion of a non- conforming use and a party in interest also appealed because of the grant of the permit for limited expansion. These cases are still pending. Town Counsel continued the work of attempting to identify the title holders of property assessed as "Owners Unknown" on the assessors' records. A Petition to Partition certain real estate was brought by William H. Brine. Because it appeared that the Town had an interest in this real estate, an answer was filed by the Town and an investigation is being made of the various claims. Town Counsel working in conjunction with personnel from the Selectmen's Office edited and updated the Town Bylaws for republication. Town Counsel in general examines or prepares contracts entered into by the Town and again this year prepared a contract for the operation of the dump, the contract requiring conformance with State Health Statutes. Town Counsel examined and offered advice in connection with the contract of the architect, William Mead, as to the proposed police station and highway garage. 18