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The Chairman referred to John Ewer Road, a 's shown being an +r <br /> . 'i� +�i�T <br /> undefined public gravel roadway, and asked what would determine, <br /> it to be considered, a public way. Attorney Karrine clarified it <br /> is not considered to be a public way, but rather a way open to 'Ito► <br /> the public. The Town Planner noted the road has been labeled <br /> such by the Surveyor on the proposed plan. Mr. Karrine stated it <br /> to be an undefined way open to the public. {� <br /> Dennis Balzarini inquired as to the use of public property <br /> as a road. AttorneyKarrine responded th p r e road being referred to <br /> continues onto Pimlico Pond Road, is shown on a Land court Plan, <br /> therefore anyone abutting the 4 <br /> . � Y g e roadway would have rights of <br /> rF <br /> k. access. Dennis stated he did not observe the roadway, only <br /> private property with a driveway located at the second house, at 4,a � <br /> 4r: the time of his site visit. <br /> John Kuchinski inquired if frontage is required on the road. <br /> �er (References were being made to the Plan at this point to <br /> 'r= determine frontage Subdivision Plan 1 <br /> - of Land located in Mashpee <br /> MA dated <br /> February 2, 1998, prepared by gape & Islands sip <br /> Engineering. ) The Board made observations the road meanders away �► ►�ff; <br /> actually from the lot line and is not <br /> _ y located on the road. =, t <br /> = _ Attorney Karrine agreed, "It does meander away t from the 10 line <br /> - but these lots et their frontage ' " � • <br /> } <br /> g o tape from Pimlico Pond Road. <br /> T, <br /> Attorney Karrine reiterated his belief the variance relief ' <br /> obtained from the Board of Appeals addresses this articular <br /> r_ p <br /> - issue. <br /> y= =r 1' <br /> w <br /> 1 John Kuchinski clarified issues of frontage differ between <br /> Planning g Board Statutes and Board of Appeals. He further stated '`c <br /> the Planning Board is not choosing to ignore the Board of p� <br /> •• Appeals 's ' D <br /> ` pp ecision, rather they are adhering to the Subdivision <br /> control Law statute AD-1, Attorney Karrine requested definition <br /> of frontage in c. 41 or Local Subdivision Rules and. Regulations. <br /> ` He stated the determination of frontage is made in connection <br /> � Wwith application definitions of the zoning Bylaw. <br /> The Town Planner agreed. stating the definition to be "A. ,� y <br /> line dividing a lot from a street. " A street is defined as "A <br /> Public i duly <br /> c way laid out by the Town. . ,or a public c or private way y <br /> approved by the Planning Board under the Subdivision control <br /> Statute �� or A way on record at the Registry <br /> y of Deeds which is <br /> p approved by the Planning Board as a principal means of adequ � � <br /> r ate � � <br /> access to abutting property. " Attorney Karrine stated this way <br /> zt. is on record at the Registry of Deeds on a Land Court Plan. <br /> t� g y , <br /> a <br /> °? (There was discussion regarding private property issues, they <br /> s. ,removal of trees grading and widening of the road which had <br /> � w <br /> taken lace prior i visit m PP'",i0�:• r p p or to the site s t made by Members of the �. ,�. <br /> = Planning Board on February 7. 1998• ) <br /> f 0. , <br /> Dennis Bal zarini clarified permission from property owners <br /> is required prior to any of the above road improvements. There <br /> -9-- `+ <br /> 3,, 0 <br />