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Board of Selectmen <br /> Minutes 6 <br /> May 18, 1998 <br /> APPOINTMENTS AND HEARINGS: <br /> Lake Managm—ol_Committee: (continued) <br /> Mr. McGonagle requested the Board seek permission from a local <br /> bog owner to gain relief, and divert water from the flow of the river. <br /> Robert Sherman, Conservation Agent indicated that he will further review <br /> the possibility of this request on behalf of the Town. <br /> The Waterfront Crime Watch Program was discussed. The Chief of Police <br /> and Harbor Master will be consulted with respect to written policy and <br /> procedure to promote safety and discourage crime on the waterfront. <br /> Town Counsel will be requested to render legal opinion with regards to <br /> liability issues relative to the Harbor Master, and use of a private citizens <br /> motor boat. <br /> The possible extension of the existing jetty was discussed in an effort to <br /> divert water from the flume. It was also noted that all applicable information <br /> shall be disseminated to all members of the Lake Management Committee. <br /> Conservation Commission member,Elliot Rosenberg presented an opinion <br /> obtained from Town Counsel, Kopelman and Paige on February 7, 1997 relative <br /> to the Mashpee/Wakeby Pond water level. <br /> As noted, it is Town Counsel's opinion that the fact that the present high water <br /> level threatens personal property does not, in and of itself, constitute either an <br /> emergency within the meaning of 310 CMR 10.06 or an actual legal basis for <br /> abutters to recover damages from the Town for alleged mismanagement of the <br /> pond water level. An Order of Conditions from the Conservation Commission <br /> is necessary for any alteration of water level or flow, except as necessary to <br /> protect the fishery. <br /> Mr. Rosenberg related concern with respect to the designated contact entity <br /> for the Town of Mashpee. It is the consensus of the Board to deem the Mashpee <br /> Conservation Commission as the designated contact to report to state officials. <br /> Further,Horsley and Witten will assist the Town in the assessment of the <br /> wildlife species section of the MA Wetlands Protection Act Regulations as it <br /> pertains to Mashpee/Wakeby Pond. <br />