07/21/2004 PLANNING BOARD Minutes

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Attorney Garner stated the plan has been revised to make it more apparently clear -as to what- the Applic.ant is requesting . References were made to the cl-de-sac as . -hon n the plan and to the adequacy of ,access . Attorney Garner made reference to waivers that would insure the existing way is determined to be suitable by the Planning Board and Fire Department .. Applicant is agr cable to modify/upgrade the way. The layout of the cul-de-sac shows the intent to meet requirements for adequate access- for an em rgenc Vehicle. Dennis Bala-rini asked whether or not there would be F any intrusion to the Fin property. Attorney Garner responded the rights have- been reserved through the chain of title to access the lot . The down Planner asked abou.t the notation on the plan to widen the roadway, which he stated couldn' t be done n conservation land- and which i prohibited in the Deed restriction. Attorney Gamier stated his belief that the- Town' P'lanner is incorrect . He stated, "we are well within our rights to improve the way to get to and ' from our lot . We own' the l ar�d. we deeded the land to the Town. We made a gift to the Town. The Town approved the 1971 AN_R plan showing the way of access" . When the grant of land was made to the Town, the owners did not extinguish their rights to improve or access the way to the lots . The Town Planner cla-ri f ied, the -owner can- ma i nt.ai,n the way, as shown. on the plan, to access one lot . There is no s.ubdivi-sion street, or any rights to widen said way. Dennis Balzarini e p re-ss-ed concern for the property of private owners, not the To n c nser-va.tion land. The Town Planner referred to the plan where it states "to be e panded to 1 --foot width", which would be an expansion onto ;onservation land and subject to resttiction prohibiting the ,building -f roads.. 20