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18 September 1997 <br /> Page 13. <br /> Mr. Rosenberg asked if they were claifxning part of the property is a right o <br /> way? Mr. Keirnan showed a copy of an assessors neap. The assessors stated, <br /> if in some cases it is not on the face of the deed but is part of an attachment, i <br /> does not always get on the plan. <br /> Mr. Sherman stated the fence has never been permitted and to permit it, It <br /> will have to be recorded on a plan, The Building Inspector will have to look at <br /> this. No one has the right to put drainage on anyone else's property. It <br /> appears that is ghat is happening. It is within the power of the Commission <br /> to require that they provide a surveyed plan. <br /> Mr. St. Pierre stated he noticed that the pathway that ruins clown to the water <br /> is on the other side of the fence. <br /> Mr. Rosenberg stated the problem with these documents is they seem to be <br /> talking about lot 8A. Mr. Sherman stated the Commission should not be <br /> getting into this tonight as the main focus of this application is revege a ion. <br /> He thought the Association concurred with the plantings, Mr. Keirnan stated <br /> 9 it turns out that the fence is 8 feet away from where it should be, 8 feet <br /> further into Gladstone t'rust's property, then if the planting is on that 8 feet, <br /> it is going to complicate the walk-clown access for the residents. <br /> i <br /> Mr. Rosenberg stated the applicant should be asked to give a surveyed plan as <br /> it is unclear whether or not this property is the subject of any of this. <br /> Mr. Sherman stated, if needed, for envixonmental purposes, it should he <br /> requested. Planting is going to be mandatory. <br /> fir. Rosenberg asked if planting shown on the application goes to the lot line? <br /> Mr. Keirnan stated a bound marker is within 6" of the fence. Mr. Sherman <br /> asked if the fence i the correct place? Mr. Keirnan stated the fence is on <br /> the property line. Mr. Sherman asked if he is unhappy with the fence being <br /> on the property line? Mr. Keirnan was not saying that, but if that is the ease, <br /> the walk-down access for his people is on a neighbor's property. <br /> Mr. I e rosiers stated the Commission cannot determine where the walk- <br /> down is, haat is a dispute between the owner and the association. <br /> VOTE: Motion made and seconded to continue to 23 October 1997 to allow <br /> the applicant to provide a surveyed plan showing the location of the <br /> fence and the correct location of the property line and to establish <br /> encumbrances such as any right of way. Unanimous Vote. <br />