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was discussion as to whether or not property owner r ■ <br /> p p y s are within <br /> their rights to block off the street and rights of access, <br /> ;h regarding roads indices g g' fed on Land Court Plans. <br /> The Town Planner noted the proposed plan is out of the <br /> :e ordinary as there is no layout and i f, as Attorney Karrine <br /> 4+ <br /> suggested, the ' <br /> gg g re <br /> quirements equirement s are complied with and the , }� <br /> lot line is ended at a specified � <br /> point, a subdivision would be <br /> created due to the layout of a street. �� <br /> k ■ , l nf <br /> This being the point of the discussion the Town Planner <br /> fated either frontage � ■ anner � <br /> s o tage is on the road as a separate entity, or it , <br /> is not and there is no road. , i. <br /> Fi�r.LL <br /> Attorney Karrine argued that in his opinion, the road is <br /> ■ ■ ■ ■ k ■ its <br /> shown on a plan that falls within the definition of a road which <br /> pre--existed the adoption of the Subdivision Control Law in r <br /> ,. the 0 <br /> Town of Mashpee and as such, is it to be determined to be of <br /> e on t <br /> on uc <br /> ,sufficient width grade and construction in inion of the �6, 1 <br /> p <br /> {k y- <br /> Planning Board to service four (4) or six (6) homes. Should the -311 <br /> Planning Board determine i t i s not sufficient Applicant i cant would <br /> ' <br /> :�.. pp d <br /> then have to create a subdivision road. <br /> a third issue sue to be the location <br /> ' <br /> The Town Planner introduced <br /> _<<y` of the front lot line. <br /> The Chairman noted from appearance on the Plan, there is no : <br /> access or egress to or from anything, which he determined to be a <br /> plan deficiency. ' <br /> The Chairman recognized Karen Jackson, who stated permission p <br /> •-' had <br /> =„ to be given for access, as conveyed by a perpetual easement , <br /> ' on Lot 3B to pass and repass over Lot 3A within the boundaries of <br /> ,t <br /> John Ewer Road. She stated this is stipulated in her Deed to the j3ir <br /> Ts: property. Ms. Jackson requested the ability to re-claim her <br /> i <br /> property, f possible. <br /> =s`s There was discussion regarding issues of permit conditions, r <br /> r liability, and whether or not the property under discussion is <br /> y <br /> === considered to be a road or cart path, and rights of property k' <br /> improvement <br /> 1 �r <br /> tx E Attorney Karrine requested the Beard make a determination in <br /> this regard to which he can respond either b appeal or filing <br /> inAr.�'' <br /> = Y pp Y g <br /> a subdivision plan. <br /> Speaking for himself and after having made the site visit, �� 4 <br /> the Chairman stated he found the plan deficient in the regard the i <br /> Woad is referred to as a public way, and isn' t* does not show <br /> a access to or from anything; and he was not impressed by the roads <br /> standards; with another concern regarding the egress point on <br /> at is clearly posted as a blind curve. He further stated <br /> concerns for public safety. ,+ <br /> 10 <br /> 10 <br /> if;' '•f 1 t <br /> r, <br />