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and the drive-through eliminated. These plans were <br /> approved by Design Review. At the Zoning Board Hearing the <br /> neighbors appeared and voiced their objections to the use <br /> of Quippish Road. At this point the Zoning Board advised <br /> Applicant to work with the neighbors in terms of an <br /> acceptable access. Applicant proposed a right in, right <br /> out only on Route 28 without using Quippish Road and no <br /> drive-through. Design Review and Site Plan Review <br /> Committees approved the new design. on the advice of the <br /> Planning Department, the Zoning Board of Appeals determined <br /> a new access on Route 28 could not be alloyed under the <br /> bylaw which states a new access shall not be established if <br /> there is access by means of another read uippish Road) . <br /> Applicant further revised the plan using uippish: Road <br /> as access . After some research Attorney Ford found that <br /> uippish Road is not a pubic way, however when the <br /> property was registered the Land court decided to show it <br /> as a o-ft. layout and to use the word "public" . Two prior <br /> ANR plans have been accepted by the Mashpee Planning Board <br /> showing the 0-f t . layout as a pul i-c way. The lot-s upon <br /> which these residents lure were -all created on ANR plans <br /> duly signed/accepted by the Mashpee Planning Board a <br /> having frontage on a public gray. Where is also an existing <br /> ANR plan .s-igned by the Barnstable Planning Board shoring <br /> this as a 40 -ft . area. <br /> Capon completion of a title examination Attorney Ford , <br /> found there are sufficient rights to access Quippish Toad. <br /> The -neighbors ors again raised objection to the use of Quippish <br /> Road at the last Zoning Board of Appeals Meeting, and <br /> subsequently to the Planning Board. <br /> Attorney Ford has been directed by the Torn Planner to <br /> appear before the Planning Board for approval regarding the <br /> proposed' acces on Quippish Road and the definition of <br /> "street" and prior precedents involving that portion of th <br /> project that involves the use of Quippish Road. <br /> Attorney Ford argued for a right out, right in with <br /> the use of Route 28 rather than Quippish Road as there i <br /> already a curb cut there to access the hotel . His feeling <br /> is that the Zoning Board of Appeals has authrit-y to grant <br /> a Speciarl Permit containing Applicant to the site, with no <br /> use of Quippish Road. <br /> 4 <br />