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- tL7 r_. r sa - - - - a <br /> ti <br /> LAW OFF14CF <br /> j� <br /> h _RA I T THoMAS <br /> JOSEPH J, R ARDON <br /> or fXXmMKL 617 771-4644 <br /> JOZIN V. ]3 N l; <br /> August 8 , 1979 <br /> Board of Selectmen <br /> Town f Ma s hp e e <br /> 'fain Street � <br /> M a s h e , MA 02649Re. <br /> - Law- - - <br /> Law Popponessett <br /> - IslandBridge <br /> I7t�eT!]eI'! <br /> Relative to fur inquiry - . <br /> Bridge, lease � nern�ng the Popponessett• <br /> , advised that the betterment ntby-law <br /> approved at thewe <br /> Annual 'own Meeting would not authori <br /> work on the ridge * there were e <br /> laws adopted. two separate �ette�rr�ent by- <br /> laws first one addressed- the i <br /> repairs to private w � slue of temporary <br /> � t i my understanding that the work <br /> plated on the Popponessett rk <br /> sin�f�cant ex stand Bridge represents <br /> expenditure of funds and involved <br /> integrity itself of the bridge , the structural <br /> If `I am correct in this <br /> to me � understanding , it would appear <br /> t such repairs could not e dee <br /> ure nor 1d trr�ed temporary in <br /> he _law e applicable . <br /> a <br /> The second betterment by-law a V -. <br /> ddresss the issue of the <br /> taking of private ways and the <br /> taken a assessment of the cost of the ,. <br /> d improvements by of a e ; w <br /> abutters and property � betterment erment tax on' the <br /> p perty owners deemed affected. >Z101.0 Y <br /> . Perhaps some thought should e <br /> procedure for t given to initiating a <br /> he taking f- the Po one s et t <br /> y the Town. In e p Island ode . <br /> vent , the procedure for taking under the <br /> -law is spelled out therein. <br /> - chapter 84 , sectio ' . <br /> Grid ns 1 2 and 1 would apply to the <br /> Bridge. A work of caution is in r � ponessett <br /> your attex�ti der, o�,�evx� ,. as � would direct <br /> onto the language of Sect*o 12 whit <br /> . '� f four or more persons specifies <br /> of a - ars the proprietors and rightful occupants <br /> private wad of bridge". P nt <br /> � am of the opinion that the word � �� <br /> ��p `opra�etors as used <br /> in lection l <br /> means the persons who have the exclusive <br /> tit�.e 6to the fridge and does right or - <br /> beneficial inot embrace persons holding the ; <br /> interest as distinguished from the legal <br /> bridge . l tete to the <br />