Stannard Beach Association Special Meeting Re Right of Way
July 19, 2015
Called from the General Meeting at the end of June 2015
George Dallas called the meeting to order in the Connell
pavilion at 9:05 a.m.
George read the motion regarding Right of Way repair, to add
$15,000 to the budget, to obtain a release and to complete the work in the
Lyman – Brown right of way.
Merle Katzman asked how the release was changed per our
discussion at the General meeting. The release says only any purposeful work that
is done by the Association or by the Browns can be reason for litigation.
Total cost is $23,000. No pipes are being attached to any
property, but Lyman is going to put in 2 sprinkler heads to water the sod/turf.
No Stannard Beach Association property can be taken by
adverse possession, as we are a municipality.
When the work is done the water will stay in the center, go
into underground chambers and seep into the earth. It will not go onto other
properties or the ocean. The plan meets
all town codes.
Peter Black stated that the Association is the least
culpable in relation to the Lyman, Brown and Assn involvement. There is no proof, no damage and Lyman’s roof
has no gutters on the Fishman side so all Lyman’s runoff goes onto the Fishman
property. Also Black stated that the Lymans cemented some of their ground and
increased their footprint so changed the direction and drainage of the water.
Why doesn’t Lyman put up gutters? Did they have permission to increase their
footprint?
Mike Grennan explained that the Assn/BOD went in to repair a
problem on Assn property. We need as an Assn to fix it since the Assn did the
initial repair, using Assn neighbors, who were professionals. We need to obtain
releases, do the work and put it behind us.
If Lyman gets water in his basement after the work is done
is the Assn liable? Only if it is due to
the work that was done.
Merle Katzman made a motion adjourn , 2nd by
Marty Webber. All in favor.
Mtg adjourned at 9:40 a.m.
69 Votes cast, including proxy votes; 57 yes, 11 no, 1
invalid (no name/address supplied) 84%
voted yes, the motion carries.
Submitted by Sharon Bender
