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y <br /> i. <br /> BOARD OF SELECTMEN MEETING <br /> January ll , 1984 <br /> PRESENT: Chairman Chester A, Garland, Selectmen Willard L. Hanson and <br /> Richard L. Terry, Town Counsel Joseph J0 Reardon and Executive <br /> Secretary Joseph F. Murphy, <br /> GUESTS: Mrs. Vernice Polka, Mr-, Earle Marst rs , Fire Chief Edward Hartin, <br /> Mr. Arnold Chace, Ms. Judy Howell, Mrs. B. Jean Thomas, Mr. Vernon <br /> Thomas, Ms. Amelia Mosley, Mr. Robert Delo.ry and Mr. John Ferguson, <br /> Chairman of the Capital Program Committee with his board members; <br /> Mr. Frederick Blythe, Chairman of the Finance Committee and his <br /> board members. <br /> Chairman Garland convened the Selectmen' s ineeting of January ll , 1984 at <br /> 6 : 00 p.m. <br /> As Mr. Arnold Chace had not arrived for his appointment with the Selectmen <br /> Chm. Garland turned the meeting over to the Executive Secretary and he <br /> started with old business . <br /> OLID BUSINESS : <br /> 1. Mr. Murphy explained his memorandum relative to the Department of <br /> Environmental. Management and the Board' s decision with regard to <br /> the location of Great Oak Road. <br /> Mr. Murphy asked what direction or how the Board- wanted to move on <br /> this. Chm. Garland said that he - has a l-o t of questions on this matter. <br /> hm. Garland- asked Town Counsel if we had rights to the existing road. <br /> Town Counsel replied that yes we do, absolutely. Chm. Garland asked <br /> if those rights consisted of the 40 feet layout. Town Counsel said no <br /> our rights are what is being used now. Chm, Garland said that he is <br /> very concerned about the liability when it comes to the roads down there <br /> like Walton Health, Bay view, Little Neck and the others ,- those on <br /> the yellow brick road, he asked if the present road is abandoned what <br /> is thetown' s responsibility? Town Counsel replied that we have no <br /> responsibility, not to repave and not to reseed. Town Counsel stated <br /> that it would be kind of a "no man' s land" . He also stated that- it <br /> would tale a Town Meeting vote to allow abandonment of that road. Mr. <br /> Reardon said that he feels a taking will be necessary that is the only <br /> way to straighten out the ownership. Town Counsel also said that their <br /> will be a .cost for the taking, the;.- layout and the engineering which <br /> will need legislation. He stated that the town should treat this like <br /> a private road and the town should have vested rights . He said the <br /> town should have something showing their rights "engraved in tone" <br /> so ---to speak. <br /> hr . Garland said that these are some- of his concerns and he is afraid <br /> that if we proceed to quickly we may create a monster. Town Counsel <br /> said we should have vested rights that is a recordable instrument that <br /> can be recorded in Barnstable at the department of deeds so that it can <br /> be binding and run forever. He suggested the Board be prudent. <br /> hm. Garland asked what is the best legal procedure that should be <br /> followed. <br />