10/01/2008 PLANNING BOARD Minutes

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The appointed hour having arrived the Chairman read the Public Hearing notice in the record and called the Public Hearing to order. She recognized Attorney Mark Gildea, representing the Applicant. References were made to a plan of land entitled, `Proposed Roadway Plan located in 1iashpee, IAA, prepared for wren Ieelan and Kathryn Clapp, dated September 16, 2008, prepared by Cape & Islands Engineering". References were made to Mr. owley's comment letter dated October 1, 2008. Attorney Gildea provided a copy of an e-mail from Deputy Fire Chief IHamblin approving the proposed construction and adequate access. He -also -stated Applicant would be happy to post a cash bond as. security for the road construction. The Chairman recognized Mr. John Sl vinsl y, Cape & Islands Engineering who addressed .road construction issues. The Chairman recognized Marilyn blase, President of the Popponesset Beach Association who expressed concern as to whether or not members of the Association have a right ofaccess over I eelan Way. Attorney Gildea noted there is a private dock owned by the Applicant to which and only the Applicant has access. Secondly, the Land Court Plan indicates the way as a lot owned by the Applicant as indicated on the certificate of title. He suggested the issues raised should be considered a private civil matter not to e detemu*ned by the Planning Board. Applicant's request before the Board is a request for Definitive Subdivision Modification. He stated that Applicant is the owner and have total rights of access and that no one has ever attempted to cross the property to the private dock. He requested this matter not be further delayed. Planning Board member Attorney Joseph Mullin agreed with Attorney Gildea. Laving determined that Ms. f l .se understood the basis for the Planning Board decision to move forward in this matter, the Chairrnan entertained a motion to close the Public Dearing. MOTION: Dennis l an'ni made a Motion to close the Public Nearing in this matter; which Notion was duly seconded by Thomas ' Ham and so voted unanimously. MOTION: Dennis alzanini made a Motion to approve the Definitive Subdivision Modification for Road Design at I eelan way dated September 3, 2008, subject to compliance with all of Mr. o ley's recommendations as stated in his later dated October 1, 2008,, and that the plan be submitted and revised to indicate all of said recommendations. Also, a cash bond is required for security purposes to guarantee road