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Commission raises legal questions on Walker Pond deed and dam access
Summary
Commissioners reviewed a draft deed for Walker Pond, discussed boundary and spillway language, and agreed the deed should go to town counsel for review before approaching the Precinct for signature.
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Betsey McNaughten, who prepared a deed for Walker Pond, summarized outstanding questions about the deed language, ownership of the dam/spillway, and the proper survey reference. She noted Web Stout, LLS is unavailable this summer and suggested Bartlett's survey might be used instead of Web Stout's survey for clearer description of the dam area.
McNaughten asked whether the Commission should forward the deed to town counsel Tim Sullivan for review and then to the Precinct for signature if changes are approved. Ms. Kellee Jo Easler, the Planning and Community Development Director, confirmed that counsel review would be appropriate. Commissioners discussed that the boundary line is to the middle of the stream, meaning half the dam lies on Commission property; if the dam failed, access and permissions would be required. The group agreed to seek legal advice on deed language, spillway references and rights of access before any transfer or maintenance agreement is finalized.
Commissioners also discussed whether the Precinct should share ownership or maintenance responsibility for the dam given the Precinct's historical role in building it. No conveyance or formal transfer occurred at the meeting; the Commission agreed to route the deed to counsel and to clarify survey references and access language beforehand.
