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LAK' OFFICES <br /> REARDON & THOMAS <br /> Ila <br /> JOSEPH J. REARDON '^��? v�" • Gr` .�. �� OP601 <br /> WILLIAM W. THOMAS 617 771-46" <br /> o.mvrteu. <br /> JOHN V. HONNER <br /> February 19, 1979 <br /> Board of Selectmen <br /> Town of Mashpee <br /> Main Street <br /> Mashpee, Massachusetts 02649 <br /> Re : Utilities - Public Hearing Requests <br /> Gentlemen: <br /> I have reviewed Chapter 262, Section 34 and I am compelled <br /> to agree with Mr. Livingston. The statute does not require <br /> that notice of the public hearing be published in a newspaper. <br /> All that is required is that "written notice of the time and <br /> place of the hearing shall be mailed at least seven days prior <br /> (to the hearing) by the Selectmen of the Town to all owners of <br /> real estate abutting upon that part of ,the way upon, along, <br /> across or under which the line is to be constructed, as such <br /> ownership is determined by the last preceding assessment for <br /> taxation. " <br /> A mailing by regular mail would be .sufficient for this pur- <br /> pose. I would submit that you could require, by executive order, <br /> that the petitioning utility company not only furnish you with a <br /> plan showing the location of the poles but that they also furnish <br /> you with the names of the abutting property owners in compliance <br /> with the statute. It would be my specific recommendation that <br /> you implement such an order and advise Mr. Livingston that you <br /> will schedule a public hearing as soon as the plan is updated to <br /> show abutters which would then permit you to be able to locate <br /> the proposed pole locations with a suffic ' ent degree of certainty <br /> to be able to act upon the app ll: <br /> Yours very t uly, ') <br /> "J6se3h R a �n 2' <br /> P.S. The Town Clerk shoul"d be charging $3. 50 fp3 recording the <br /> order of your Board grantip'g permission'for the pole loca- <br /> tions. See Chapter 262,, —Section 34, Sub-Paragraph 62 . <br />