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i <br /> i <br /> MOTION: John Kuchinski made a Motion to continue this <br /> Special Permit matter to Public Hearing on Wednesday, June 3 <br /> 1998, at 7: 3D ,m. ; which Motion '.'p was seconded by Dennis Balzarini <br /> and so voted unanimously. (This matter concluded at 7:45 .m. <br /> The Chairman declared a five minute recess at this point. <br /> p , <br /> The Meeting was reconvened at 7:5 o p.m. <br /> Discussion-AnthonyLaCava ' <br /> w Qua h s net valley <br /> Snead Drive Extension-Continued from April. 15, 1998 ` <br /> The Chairman recognized Mr.. Bauer of Bauer & Nye and <br /> Attorney Kirrane. y ' <br /> r• <br /> Mr. Baxter presented to the Board a revised Plan entitled <br /> Quas net valley Country Club, Area, C, Phase III, Subdivision Plan 'A <br /> i <br /> of Land n Mashpee, MA for Anthony J. LaCava Trustee, dated Aril <br /> 23, 1998, as suggested b the Board P <br /> Y at the April 15. 19 9 8 , �. . " <br /> Meeting. � - <br /> 14 <br /> Mr. Baxter made reference to Lots 6 7-A and S 8-A. He also <br /> stated that the widening of the road has no effect on . <br /> the golf <br /> course. Mr. Baxter explained the proposed road would be widened <br /> eight (8 ft. ) feet, (References were being made to the revised <br /> plan layout; and there was discussion regarding lines <br /> property . ) , <br /> Attorney Kirrane informed the Board that Applicant does have �tt� <br /> the right to improve the Wa. and that he h <br /> r , Way, has not gone beyond the ' <br /> confines of the existing way in terms of any of the proposed <br /> k r p p <br /> improvement. <br /> The Chairman asked Attorney Kirrane to state a case in �► �. <br /> support of improvement, to which Attorney Kirrane responded, <br /> "Because we have access to it. we abut it, we have access to <br /> it. And because we have access to it, we have a right to r <br /> improve. tt <br /> 4qV <br /> Nam'. Fudala recalled having a discussion whereby Attorney <br /> Kirrane agreed, to present a written explanation/opinion to the <br /> Planning Board for the convenience of the Selectmen and Town <br /> Counsel, <br /> *" .40 <br /> a� <br /> Mr• Rowley asked Mr. Baxter if he felt the construction of '� <br /> the road would go beyond the limits of the existing surface; to 4110 <br /> which Mr. Baxter replied, "I don It believe it will. it Mr. Baxter <br /> stated the final grade for Great Hay Road has not yet been <br /> developed and that he feels the will not have cause to encroach <br /> y <br /> upon any portion of Town owned land. <br /> f <br /> Attorney Kirrane cited the Case of Gillet vs. Liveronus 297 <br /> Massachusetts 337, a 1937 case: "The Grantee of a lot bounded b <br /> i' <br /> a sufficiently designated proposed way not only has an easement <br /> g p p Y y r � <br /> along its entire length, but also has the right to make it <br /> g g top' <br /> -9- , <br />