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passable for its entire length. �f u <br /> Attorney Kirrane also made reference to a Memorandum from <br /> r Mr. Fudala to the School Superintendent, dated September 1 1992 . 4 .I <br /> ,,Great Hay Road was well known to be a public way at r <br /> e although p y the time, g there was no formal layout The previous plans <br /> show that the road. as a public c way, � p ; <br /> z p y► undefined and public,i c, of an ;; <br /> undefined width. f� <br /> 1:p <br /> A <br /> Attorney Kirrane stated the way had, been sufficiently <br /> defined on the Plana roved. b the Planning <br /> approved y Tanning Board in 1979 and �r <br /> that he is taking the position that the Planning Board did note <br /> have the right to do so. r <br /> Mr. Fudala requested Attorney Kirrane address the question . � <br /> by way of an explanation,ana t i on with reference :=r <br /> p e erence to Applicant' s rights of °� � <br /> improvement to the one-half portion of the dirt road owned b the <br /> Town, y <br /> Attorney Kirrane insisted, it is his opinion that Applicant <br /> has the right to make the road •-. ..� g d passable. <br /> The Board Members urged. Attorney Kirrane to submit a letter <br /> Y <br /> to the Board to that of fect <br /> 1 <br /> R <br /> After some discussion of this matter. Attorney Kirrane made <br /> it perfectly clear to the Board that _ willing= t he/Applicant is willing to .;4, <br /> do whatever the Planning Board re l' <br /> g= quires in terms of making the <br /> road suf f iclently accessible to Snead Drive and to cure the '., <br /> lengthy dead-end. <br /> The Chairman requested Attorney Kirrane make his case � . <br /> F; <br /> legally, on Record, and in writing so that Town Counsel ' s <br /> opinion can be sought. He invited Attorney Kirrane to make <br /> the case for a lesser standard beingsuf f icient to end the <br /> e _ <br /> cul-de-sac concern expressed by the Board for safety access and <br /> egress. �.:f <br /> k , <br /> Y <br /> v <br /> Attorney Kirrane responded by stating he is not interested <br /> in making that case, i f the Board requires full width Applicant <br /> ican <br /> K � pp t <br /> is prepared to do so. <br /> Mr. Rowley suggested the issue would be settled by way of <br /> the Public Hearing process as notification to the Town as an <br /> abutter. is required and that the issue of whether or not the <br /> road should be built/possess the right to build it would also be <br /> addressed at that point. 'lo ' <br /> � loll <br /> Attorney Kirrane agreed to provide a written citation, as ` <br /> requested. He also stated he would like to move the process <br /> forward,, if possible. <br /> Mr. Baxter reminded the Board that a decision relating to <br /> } 1 0 �. <br /> i� <br /> 4"� <br />