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1 The chairman requested Mr. Rowley to recce his re <br /> � p report. � <br /> Rowley stated he has hroad,�'. s the ou can travel <br /> from Sandwich to Mashpee, at the end of the curve it turns from <br /> k` pavement to a dirt surface, and he was unable to determine if <br /> `a there is any gravel there. He noted sufficient of holes in h p the <br /> RN road, there had been some trimming done, and there was stone dust <br /> in at least two spots. In his opinion, because improvements need <br /> i <br /> to be made to the road n order to bring it up to some standard, <br /> that the only way to achieve this is through the subdivision g � �,� <br /> process. He suggested the only way improvements can be done 4„ <br /> would be through conditions of the subdivision process inV11 <br /> V . <br /> h p ��1� <br /> order t at construction can be properly secured. In this way the <br /> access issues could be addressed from either/or both ends and <br /> 4,< whether or not sufficient clearing at Pimlico Pond Road is <br /> e needed. Even though the Board of Appeals may have issued aAl <br /> ``. <br /> finding waiving frontage requirement, there is statutory evidence- <br /> which states that would not preclude the Planning Board review <br /> through C.41 Section 81-L and through the subdivision process, <br /> Mr.. Rowley cited case law that states irrespective of what k � <br /> P ` <br /> the Board of Appeals may have done, subdivision rules and. <br /> rr regulations would apply. <br /> =_ The Town Planner stated the Planning Board would have to A, <br /> make its own vote regarding an zoning issues a '� <br /> g g y g s a waiver. <br /> 45F: The chairman made reference to Note #2 on the Plan, {� <br /> -w` zoning B"Pursuant to Section 174-32 John Ewer <br /> ,.: g Bylaw, e Road shall be0 <br /> aved to a width of twenty�r�?= P y 20� } feet. " This indicates <br /> d` construction of a road, whereby the plan could not be considered p' <br /> to be e also questioned the viability of m an ANR. H y access. <br /> Attorney Karrine obj ected to a statement made by John 1) <br /> ',I P <br /> LS,.. Kuchinski who stated the area under discussion was improved for ` <br /> I�Fy <br /> t= the purpose of deceiving the Planning Board regarding the actual #�i <br /> k condition of the road, stating Applicant has every right to �r ►'' <br /> maintain the condition of h r the road. <br /> There was some discussion regarding the lots having a water <br /> eF:: <br /> �4 view to wakeby Pond, and to constructing a cluster subdivision, <br /> as well as preserving the burial ground. <br /> ray i <br /> At this point the Chairman invited any further public <br /> comment and recognized Sandra and Thomas Mackey, owners of the <br /> ' second house. Mr. Mackey stated it had been his- understanding, + "! <br /> as was Ms. Jackson' s, that this was a 11 done deal" and gave <br /> permission for improvements. He stated they were present to <br /> f <br /> learn the outcome and Planning Board decision in this matter. <br /> There being no further discussion, the Chairman entertained <br /> a motion be made in this matter. 10 <br /> lop <br />