6/16/1988 CONSERVATION COMMISSION Minutes

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MASF1 EE C;ONSEIRVAT I ON CC3MM I S;S *'fi oe a t 1 riis o f mune , . Commissioners Present: V. Louise Behrman, Gertrude Ferriday, Joseph Burns, Carol Jacobson, Elliot Rosenberg. Lisa Hanscom, Conservation Agent,, was present also. 7: 00 Santuit Woods - Bill - Bliss of Mirrione Development and Atty. Lee Cassametti appeared concerning Lots 45 and 105 which were contin- ued indefinitely. Ms ehrman- stated this was the issue of the sanding rights and road access easement. Atty. Cassameti stated there is an existing road used by the owner of the cranberry bog. Pis Behrean stated it is used by a lot of people also to go on further down to the river. It was agreed it would be proper to handle the engineering at a public hearing, The Attorney referred to the deed pursuant to which that land was con- eyed. The back land was conveyed to the town, described as particular lots. The language on the second page, second paragraph, is the issue of the sanding and watering rights and it indicates sanding and water- ing rights which exist and constitute a benefit to the ownership shall remain in the operation of the cranberry bog located thereon. He does not understand what the .Town' s claim is; --nowhere in the deed does i inti ate .-that -the sanding and- watering rights pertain to Lots 45 and 1 5 o 'any other lots remaining in . the .subdi ision,_ Ms Behrman stated she recalled.- in the hearing, it did pertain to this area and it was suggested a draft be attached to any Order of Cond- . itions. The Attorney stated, what . was presented .�is John. showed this deed the- night All Cape Surrey was here. Much of the meaning of the discussion was the sanding and water rights. Ms Behrm an stated this was discussed with Asst, Town Counsel and she suggested that specific wording be attached., Her approximate recollect-- ion is that it was to the effect that any Order of Conditions issued by the Commission did not constitute the abandonment of the rights o-f -.the.- Town, Conservation- Commission as. agent-,-, to utilize sanding and water rights for the bog as pertaining to that particular site. The- A-ttorney stated if its goin8 to be affixed to an Order of Condit- ions ondit-ions related to these lots it should be qualifled by stating " if any" # Ms ehr an- requested this be seat to -the Commission- as a written . statement to be presented to -Town Counsel . The Attorney stated the deed clearly does not specify any rights with respect to any particular land. fps Behrnan stated it is Counsel9s feeling that this has been a traditional site. He countered, that, - even of itself, does not create or constitute a real estate interest# We cannot -allow this to hover for five.-.- years based on somebody's inter- pretation. A decision iz needed, one way or the other.