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can be developed without trespassing <br /> on Town-owned land <br /> A <br /> layout and construction of Great Hay Road can be <br /> created within <br /> the bounds of the existing roadway. He further stated there is <br /> no need to infringe on any portion of the Town' s land. <br /> 'k <br /> Mr. Fudala recognized the surve to have be Y en conducted by <br /> Bill Holmes, which indicates the ro er <br /> p p ty line, dirt road, and <br /> the layout. <br /> i <br /> E , <br /> Mr. Baxter stated the original plan approved <br /> p in called <br /> for Snead Drive and Great Hay Road to be built all +E,..the way to <br /> Barns table/Falmouth Road. The submitted 1 an r Y <br /> pavement, etc. all showed . p • ,drainage, <br /> ainage, .,,,..., <br /> owed. on the original subdivision tans, The E{ <br /> P � p <br /> intent being that upon completion it would o through. <br /> for the Board' s surface ref g g' i <br /> He asked <br /> preference from where Snead Drive s <br /> proposed to start now out to Barnstable/Falmouth Road. <br /> {, <br /> Attorney K i rrane made reference to a 1992 Memorandum from <br /> �? Mr. Fudala to the Superintendent of Schools indicatingGreat <br /> Road to be a public wayand that anticipated = eat Hay <br /> any anticipated widening on , <br /> public land would. require Town approval.. <br /> pP �'. Fudala indicated <br /> Y the 1976 Plan in question <br /> � appeared to be an example of a <br /> situation where the Planning Board sought to make improvements ,. . ..., <br /> through the planning process rather than =the appropriate <br /> regulatory taking processes various roads and ways as shown. <br /> Great Hay Road was well known to be a public way ` <br /> P y at the time, <br /> although there was no formal layout.. Previous 1 <br /> �- Y pans show the <br /> road as a public way, undefined, and public of an undefined <br /> width. <br /> Attorney Kirrane stated it appeared that the surveyor and <br /> the Planning Board were continuing a practice ce of r <br /> �! fort 4 0ft. ) width <br /> p providing for <br /> Y foot width to allow proper, modern use of what w <br /> clearly a public waythat had been in as .�,, <br /> ` hundred existence� for at least one <br /> (10 0) years. Half of said forty foot width was on the <br /> Developer' s land and the other on Town land, there was no issue <br /> of land taking. Attorney Kirrane further reported ,,. <br /> f p there was no <br /> formal Town Meeting vote on a layout and acce tance of <br /> a Town-- . � , . <br /> road layout.. I pIF <br /> Y t appears the Planning Board was indicating an k <br /> interest in having Great Ha Road constructed continuing <br /> Y u�ng on in <br /> 1982 when the Board of Selectmen en _gaged Charles Rowley to study <br /> the bypass connector. <br /> J31. <br /> Attorney Rirrane stated they have surveyed the existing <br /> Y g <br /> travelled Way <br /> and are proposing to leave the 4 o-foot wide layout, <br /> as shown on the approved Plan, and to construct the travel <br /> Portion of said roadwayon their property n <br /> way, <br /> p p y and within the travel <br /> The Chairman inquired about safetyon sight-line and ' <br /> topography �' � r <br /> considerations effecting the road construction. <br /> ti <br /> Mr- Baxter responded it could be done. He stated the area <br /> p <br /> 1. <br /> -14- i <br /> f <br /> t <br />