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` <br /> Mashpee Planning Board -4- 10/4/95 <br /> po'Jnt is maybe ��re�t Hay Rd. is not adequate to �u�port the <br /> subdivision. Mr . Fudala st-ated ��eat Hay Rd. is not at town roacJ, ' <br /> ��cept for a e kmown ae RCA. , because it ' s . <br /> never beenlayed out by the town. Chairm�n Ferr��a�o said a � <br /> public WAY doesn' t m�an it ' s necessari1y owneM by the town, but i <br /> the Bo�rd won' t debate that now and can Iave Tmwn Comnsel confirm / <br /> the road st�tm�. � <br /> | <br /> Chairman Ferragamo said if they use Great Hay Rd. a� access, the <br /> | <br /> Bmard ha i,'� to determine if it ' s adequate t.4::.', service the <br /> st_tbdivision, otherw1se the app1icant needs a waiver of the dead- <br /> emd way. <br /> lk"*hairman Feif'ra("iamm asked Mr ~ Gu1. livan if Uey I f �otten a <br /> document �tating the three lots conform to zonimg regarding front <br /> yard setbacks. Mr . Sullivan s_iaid they asked the Bui1ding | <br /> | <br /> Inspector for an op1n�on bmt hs^ wanted the request in writing . <br /> He said they submitted a written request on SeptemI Der 29 or <br /> October 2, bk..kt haven' t had ar-1y r(2spomse yet . Chairman Ferragamo <br /> said the Build�ng Inspector m-F%iy want cmnfer with Tmwn Counsel , <br /> Mr " �ullivan said relativ� to the open space issue, he' s given <br /> all he c-an give at this time, which was 1-1:1.s written opinion, zand <br /> he can» t add to it . He said he thmught he clid a pretty thorough <br /> �ob and he' s goirig to go with thatsaid the <br /> Board hasn' t received amything else from Town Counsel sInce the <br /> 1.ast meet1ng. He said the Board has 2 written from Tmwn <br /> Counsel statin0 the Planming Board doesn" t have a basis to <br /> endmrse a subdivision af open space. <br /> Sullivan said a concern of hJ.s is still an i�sue he rought <br /> up 2 weeks ago and he received an answev he �idn' t understand. <br /> Mr . Su11ivan 1.iid the concern involves the other 35 lots th�t <br /> were part of the originaI permitting process" He i id he would <br /> Iike tm know if 1.n the Boardplmlon the lots are le�al or <br /> il1egald the Board can' t render those <br /> opimiI'D nS. Mr . FudaIa said the Bui1ding Inspector said he had mme <br /> appIic:ration for a buidincj peVmit and he said the Iot Cloesn' t <br /> confmrm tm the current zoning and he ast-ed if there' s a ial <br /> Permit on recorc I that a1lows tIat to be built umder the then <br /> current zoning. Chairman Ferragamm said he has a copy of a <br /> 1et1;e1 from the Building Inspector to Frank A. 3uIliv�-:tn datecl <br /> 11/2/94. In the letter t1--ie Bu1lding Imspectmr stated the t <br /> dldnorm as the cluster Soecial Permit was not recordecl, <br /> and he never heard amything back from Mr . Sallivan and it was <br /> never appee'ale*d. <br /> Mr . Sullivan a�ke� why doesn' t t he towm record spec �al permits <br /> amd Chairman Ferragamo responded that the town does1-1' t record <br /> permits on pempIe' �» prmperty. Mr . Sullivan asked �or � <br /> c1arification if thmse 1ots were legal or not legal , a,nd stated <br /> Frank Sul � J.van is his brotMer . Ch�-.lirman Ferragamo said he only <br />