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•'� 1.4 <br /> resented at the June 17 <br /> p th Meeting. 00 <br /> There was some discussion regarding the brushing issue. and <br /> location of the property line. AttorneyKirrane stated his <br /> s .- <br /> belief that the description of the land submitted suggest the <br /> boundary to be the edge of the road, not the :center. whereas the <br /> Town Planner noted the boundary to have been shown as the center - <br /> i <br /> in a plan prepared by Philip D. Holmes. <br /> The Chairman explained Attorney Kirranefs position that <br /> nobody owns the road, the Town owns to one edge of the road, and <br /> Applicant owns to the other, <br /> Dennis Balzarini suggested the boundary issue be clarified <br /> in this matter. Of <br /> �' <br /> The Chairman expressed his disappointment, stating he <br /> assumed the road issue had been resolved and was to have been • <br /> confirmed. by Town Counsel . He clarified the issue to be whether �� <br /> or not Applicant has the right to develop the existing Great Hay <br /> Road, including a portion of their own property, without having <br /> g <br /> to encroach on School Department/Town land. Ad <br /> � <br /> t� <br /> The Chairman stated the brushing issue is a safety concern <br /> which would provide a clear f ield of vision which might prevent a ' <br /> child from darting into the road. , <br /> } <br /> • A <br /> The Chairman stated he was in agreement with Mr. Balzarini, <br /> that this matter would not be able to proceed with clarity as to <br /> whether or not Applicant has the right to develop Great Hay Road. ^. <br /> 3 <br /> lit <br /> The Chairman asked for input from Mr. Rowl e , ,who stated he <br /> Y * . y <br /> has not read the Deeds/back Title. He did state however, that <br /> the words " . . .by a way. . . " does not necessarily constitute down <br /> the center of it. He said he has heard conflicting k <br /> interpretations regarding rights to road improvements. <br /> r <br /> AttorneyKirrane made the <br /> , point that this way has been open <br /> to the public, and the <br /> P public has rights to travel on and over <br /> it, along with the fact that both this Planning Board and the <br /> 1979 Board has made a determination that it serves the public <br /> , <br /> P <br /> interest to improve the way and to provide access out to old <br /> r <br /> Barnstable Road.. Attorney Kirrane stated Applicant is not ` <br /> attempting to take/trespass on Town-owned land, but rather to ' <br /> improve the way. He further stated the improvements would serve <br /> both � • <br /> P <br /> the interest of the Town and the Applicant; and that � <br /> painstaking engineering efforts have been made to insure the ' <br /> surveyed way will not be compromised. <br /> Mr. Rowley noted the existing cart path is approximately <br /> sight (8 f t. } wide the intenti it h far y. <br /> t s to build up to a edge of <br /> he existing dirt road, and brush out four (4 ft.) -feet. He , <br /> asked if there would <br /> u d be enough room to move it back so that the <br /> -4- <br /> or <br /> I� <br /> t.., <br />