07/21/2004 PLANNING BOARD Minutes

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This matter has not been -brought before the Conservation Commission and which would require Article 97 and a Town Meeting vote in order to widen a road to make acces's to a subdivision (in effect, creating a subdivision street) . - Attorney Garner argued permission from the Town is not required to use and improve the way, as it existed far in advance of the grant of the land to the Town of Ma- hpee. The Town Planner reiterated the owners have always had right to access the lot/house, they do not however have the right to widen the road onto Town owned land. He also stated there is no street layout being proposed from Hooppola Road. Attorney Garner stated the issue before the Board is to determine suitable .access that meets the minimum access requirements. The Consulting Engineer inquired as to the frontage for the lot at the time e the ANR plan was prepared, to which there was no answer provided. There was some discussion as to the statues that allow widening roads in order to satisfy the needs of the property owner, overburden and apportionment rights. The Town Planner determined the Board has the right t deny for specific reasons, and that the Applicant has the right to return with a Definitive Plan and address those reasons for denial . There being no further Board discussion the Chairman entertained a motion. MOTION : Lee Gurney made a Motion to deny the application in this matter for those reasons listed in the Certificate of Action dated July 21, 2004, prepared by the Planning Department, numbers i through 16, as well as thos-e concerns outlined in the Memo dated July 21, 2004 , prepared by the Deputy Fire Chief; which Motion was duly seconded by Steve Dolan and' so voted unanimously. Said Certificate of Action document was signed by the Chairman. 1