Selectmen to meet with Reservoir abutters Aug. 30
By Mike BergerSelectmen will meet in both open and executive session this coming Tuesday, August 30, at 10:30 a.m. to hear the viewpoints of abutters regarding property rights at Reservoir Pond.
Selectmen Chairman Bob Burr said it is unlikely that the board would vote for new rules and regulations at that time but would probably wait until its next meeting on Tuesday, September 13.
At an August 9 public hearing on the matter, some of the abutters had questioned whether the town had the legal authority to regulate the use of the pond and whether property owners were protected by rights given to them by the previous owner, Napleton, which donated the waterway to the town in 2012 in exchange for a tax write-off.
Town Counsel Paul DeRensis, in a legal opinion that has since been posted on the town website, made it clear that the town has regulatory authority over Reservoir Pond.
“The town of Canton is the owner of the property at Reservoir Pond pursuant to a certificate of title issued by Massachusetts’ Land Court,” the statement read. “The town may regulate the use of Reservoir Pond as the owner of the property and to protect the public health, safety, morals and general welfare through the town’s exercising of the general police power.”
DeRensis added that municipalities may also regulate Great Ponds in accordance with state law and provided a link to the relevant statutory provision.
DeRensis is expected to attend the selectmen’s meeting on August 30 …
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Posted by Mike Berger
on Aug 26 2016. Filed under Uncategorized.
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