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04/07/2004 PLANNING BOARD Minutes
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04/07/2004 PLANNING BOARD Minutes
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Mashpee_Meeting Documents
Board
PLANNING BOARD
Meeting Document Type
Minutes
Meeting Date
04/07/2004
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f <br /> h <br /> Town Meeting that it cannot be approved as -a Zoning <br /> Article . The Town h-as no right's .to do anything with a <br /> Private road, especially one that has not been constructed, <br /> nor does, the Town maintain private roads . <br /> This Article would have a devastating effect upon the <br /> .Town' s ability to control the development of houses on <br /> roads that have not been built, the propo-sed' -change to the <br /> definition of "street." . <br /> Lee Gurney ac.knowledg.ed there appears to be a group of <br /> citizens who are attempting to solve a problem, however the <br /> Article being proposed car-ries a wide variety of -unintended <br /> effects- should the petition carry. <br /> There was discussion regarding r'o.ad ownersh-ip, <br /> establishIng prescriptive rights, road rights as. access to <br /> the water, and private rights- sta fished through deeds. <br /> Don Myers acknowledged the intent of the proposed <br /> Article, access issu s -barriers, a.nd the definition of <br /> .street", stating the Article proposes more problems than <br /> it -would solve. <br /> The Town Planner expressed major concern fot that + <br /> portion. of the Article proposing to change the definition <br /> of ""street"" . E.e strongly recommended the Board to defeat <br /> the definition change. _ <br /> F The Chairman requested a copy of Town Counsel' s Legal <br /> ruling that the% roposed Article is deemed improper. The <br /> Town Planner volunteered to mare a request for said written <br /> determination. <br /> i <br /> Food St . Pierre, 265 Monomoscoy Road, an Attotney <br /> practicing in Shrewsbury, MA, who stated �he .is in agreemen-t <br /> with theBoa-rdTn counsel. In his opinion, the paper <br /> streets without access to anybody present the. largest <br /> problem. He feels- legally they belong to the abutting <br /> property owners . He has been involved with water front <br /> iss esYc ns rvation Commission and feels this is not the <br /> proper forum regarding this Article .amendment - iith the <br /> Town. F <br /> Article sUbnitted by 'Petition amending Section <br /> 1.7 4 . 2 5 . F . to al low '"Autom bi le l epa-i r Shops provided that <br />
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