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Mashpee planning Board --2— 9/6/95 <br /> Chairman Ferragamo_, said the Board will discuss releasing it in <br /> executive session. <br /> MOTION made by Mr . Coffey and SECONDED by Mr . <br /> Bal ar ini , it was unanimously voted by roll {gall vote <br /> of Mr . Coffey, Mr . Balzarini , Ms. Meijering and Mr . <br /> Ferragamo to go into executive session for the purpose <br /> of discussing strategy regarding potential litigation <br /> at 6: 59 p. m. , and to reconvene to the regular public <br /> meeting after . <br /> The regular public meeting was reconvened at 8: 00 p. m. <br /> Chairman Ferragamo opened the continued public hearing and <br /> informed the applicant that the Board had voted to release Town <br /> Counsel ' s memo to the public . <br /> Mr . Sullivan said he had a written answer to the Board' s question <br /> as t�� why he had a right t3� develop the open spare and presented <br /> it to the Board. Mr. Sullivan stated the decision of the Board <br /> was never recorded at the Registry of Deeds and there was no nate <br /> on the plan, and the {owner never deeded the open space. Mr . <br /> Sullivan said the then owner deeded all the property and open <br /> space to Brace Fulton who had no knowledge of the planning Board <br /> decision, and he purchased the property from Mr . Fultc+n without <br /> knowledge of the Board' s decision. Mr . Sullivan said there was <br /> nothing on record or in the index at the Registry of Deeds and <br /> nothing showing there was any restriction on the land. Chairman <br /> Ferragamo said according to the Special Permit the applicant was <br /> given an option and he agreed to deed the open spare to a <br /> corporate trust and not to the Town of Mashpee. <br /> Chairman Ferragamo said he will get Mr . Sullivan' s report to Town <br /> Counsel . <br /> Mr . Sullivan said at the last meeting the property line along <br /> Great Hay Road was an issue. He said he researched deeds back: to <br /> Mr . Lynch, who was the owner of record, which didn' t show the <br /> property going to Great Hay Rd. , but his deed says the property <br /> goes to Great Hay Rd. and he presented a copy to the Board. Mr . <br /> Sullivan said Mr . Lynch deeded his property to Mr . Manincog, who <br /> hired Surveyors to do a plan to Great Hay Rd. Mr . Manoog then <br /> deeded the property to Mr . Fulton. Mr . Sullivan said in most <br /> towns ownership isn' t a matter of the Planning Board and <br /> shouldn' t be part of the decision. <br /> Chairman Ferragamo said the Board was concerned as to how the <br /> property would enter treat Hay Rd. Mr . Rowley said the important <br /> thing_ is what the deed says, and if the description gees along <br /> with the deeds then he awns to the centerline. Mr . Slavinsl•;y <br /> said their plan shows a strip on the plan and not showing it <br /> going to Great Hay Rd. because they weren' t aware of this <br />