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The appointed hour having arrived, the Chairman called <br /> the Public Hearing in this matter to order . She stated the <br /> Board had requested an explanation letter from Town Counsel <br /> regarding their decision rendered on the legality of <br /> Proposed Article 1 . <br /> Copies of the following letter were provided to each <br /> Board Member for review - To Thomas Fudala, Town Planner, <br /> Town of Mashpee, From Patrick J. Co'stel.lo, Dated April 12, <br /> 2004., cc: Joyce M. Mason,. Town Administrator. <br /> The Chairman quoted from said letter, "...It is well <br /> established in Massachusetts that private ways, not laid <br /> out by public authority or dedicated to public use, are <br /> wholly subject to private ownership. . D. Cowles, I-nc. v. <br /> Yokel osl i 7 Mass . Appeals Ct. 1 197 ) ..." ..In my opinion, <br /> the By-law, as proposed, would be inconsistent with the <br /> statutory lay-out requirements for public and private ways <br /> set forth in ..L. c. 2, s1- 2A and, thus, -would -be legally <br /> unenforceable. " <br /> After brief Board discussion regarding the vote <br /> options, the Cair' an determined there was no public <br /> comment, and entertained a motion be made. <br /> MOTION: Don Myers made a Motion to close the Public <br /> Hearing in this matter; which Motion wa-s duly seconded by <br /> Dennis Bal arini and so voted unanimously. <br /> I <br /> MOTION: Don Myers made a Motion to provide no <br /> recommendation on this Proposed Article 13 for the. May 2004 <br /> Annual Town Meeting; which Motion was duly seconded by <br /> Dennis Bal arini and so voted unanimously. <br /> Special Permits <br /> Windcbime Point, Inc. - lindchime Point Condominium <br /> Great Neck Road South- ig off on- Phase Il <br /> Approval of Phase III Landscape Plans Buildings 42-45 <br /> The Chairman recognized Torn Quinn who provided <br /> background information regarding Special Permit <br /> requirements, agreement with the Trustees, and treatment <br /> plant responsibilities and obligations . <br /> r. Quinn made reference to a letter dated April 7 ', <br /> 5 <br />