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improve -that way, so long as such improvements s aid not interfere <br /> p e ere too�� <br /> with the right of the public to use the way. And further, so <br /> long as such improvement was conducted within the confines the <br /> f �o <br /> way, and on our land as the abutting land owners to the west <br /> (cites case law) , as an abutting owner to the way open to the <br /> public, it is our contention that we would ,•��'�;have the right to use <br /> the way and make reasonable repairs and improvements. So, <br /> obviously the Board in approving the subdivision plan so man "" <br /> ears ago, believed it to be in the public �` ` <br /> Y p c interest t o improve <br /> Great Hay and to provide an access from this development onto old ,f <br /> It is our client ' s position that its <br /> Falmouth Road. Conclusion.- t <br /> is within the scope of his right as an abutter <br /> g to this way open <br /> to the public; to improve that way provided there is no <br /> encroachMent to the sideline of the way abutting the Town of r <br /> Mashpee 1 and. " Signed, Kevin Kirrane. The chairman noted th. <br /> enclosure' s to be a deed and handwritten 1896 documents e a . <br /> The appointed hour having arrived, the Chairman called the {' <br /> Public Hearing to order and recognized Mr, Richard Baxter �f:{ <br /> & Nye and asked h' � Baxter ``�` <br /> y him t o explain the differences from previous <br /> discussions. <br /> Mr. Baxter stated, "I don' t believe e there is much change <br /> from what you have seen. " He stated he had copies of the overall <br /> development of Quashnet valley, as well as a picture for the ,0 <br /> benefit of the Board. References were being made to a Plan + <br /> entitled, "Sales Plant ouashnet valley Country Club Area G, 10, <br /> Phase III Modification, Subdivision Plan of Land in ee <br /> Mash , lei. <br /> p ■ <br /> for Anthony LaCava, Jr. , Trustee. " <br /> Mr. Baxter also provided a copy of the recorded Subdivision f <br /> Plan, which had been approved in 1976, indicating a more detailed <br /> area of Snead Drive and Great Hay Road. Mr. Baxter stated that <br /> at the time it was approved, the Planning required ired the <br /> � <br /> Developer, John Umina., to complete the project and develop Great <br /> Hay Road out to what was then known as Barnstable/Falmouth Road � <br /> and to loop Barnstable/Falmouth Road back up to Lowell Road, <br /> Since then Barnstable/Falmouth Road has been m 1 = {,ca p eted, Great Hay <br /> Road has not. <br /> Mr. Baxter explained that when Applicant came before the <br /> Board in March of this year to extend Snead Drive from its <br /> present condition out to Barnstable/Falmouth Road, there were <br /> discussions regarding the road improvements.s. The majority or i t of <br /> said p 7 y Tr <br /> ld discussions centered upon how Great Hay Road would be built <br /> as approved in 1976 , as there was no alignment of the layout with ,,F <br /> the actual travelled way. All deeds going back to the <br /> Commission, s map indicate the sidelines of Great Hay Road, which 4' F <br /> is approximately twelve (12 ft. ) feet wide dirt. <br /> ,II <br /> Mr, Baxter stated Applicant had been asked to improve the , <br /> road on his property, holding the sideline as it abuts the Town <br /> Of Mashpee, while meeting the current twenty (2 o ft. ) foot <br />