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� � vsxrre�F <br />r�7 f„ftl t� Town of JW ashyee Planning Board <br />16 Great Neck Road North <br />Mashpee, Massachusetts 02649 <br />induces a higher speed, when they pull out people see the truck and don't anticipate to slow for the <br />trailer. It's a tough intersection with a lot of car accidents. This road may exacerbate that issue. <br />Mr. Lehrer commented that if access were to be successfully negotiated from Nicoletta's Way, they <br />could divide this property with a simple Form A plan that the PB would endorse without a Public <br />Hearing. From a land use perspective it makes the most sense to access from Nicoletta's Way. The <br />property owner does have right to access the property. They should encourage a successful <br />negotiation with the owners of Nicoletta's Way with the understanding that the property owner has <br />rights to this property. <br />Ms. Waygan would like to take some time to rethink this. There will have to be some modifications to <br />Nicoletta's Way because it's not as long. Lot 1 and Lot 2 will not have access. She would like to give <br />them some time to seriously think about this and ask the owner of the property, for the good of <br />Mashpee and the health and safety of people on Rt. 130, to seriously give that avenue some discussion <br />and thought. <br />Mr. Fulone noted both owners would be negotiating in good faith. He would like to know how long to <br />give them and how do we ensure that negotiations in good faith are taking place. <br />Mr. Lehrer stated they could continue at an appropriate time for the Board. He will encourage the good <br />faith effort. Before the Public Hearing is closed he wants to make sure we hear from the consulting <br />engineer. <br />Mr. Kirrane commented that discussions between the parties have been going on for nearly 10 years. <br />For the Board to expect that in 2-3 weeks they will reach an agreement is not fair to the applicant. The <br />applicant would be willing to discuss a potential agreement with the neighbor, but to continue the <br />hearing and put a deadline that adds stress on his client, now that the neighbor knows there's three <br />weeks to negotiate, he doesn't feel like there is an equal bargaining power in that regard. He is happy <br />to continue discussions, but they simply just don't own the property. <br />Mr. Balzarini wants to continue this Public Hearing and hopes the negotiations will ensue. He is not <br />deciding this tonight. <br />Mr. Kirrane reiterated this is not a question of starting negotiations, those have been ongoing. <br />Mr. Maffei commented that Marcello is wonderful and Chris is a great attorney and they never thought <br />the property was going to remain undeveloped. He is concerned about safety and this is a good looking <br />project. He himself has submitted an offer for use of the road that is significantly less. It costs between <br />$1-2 Million to put that road in. They aren't looking for anything crazy. <br />Ms. Russel asked if the Board has received any notes from the DPW for the curb cut. She also asked <br />for an explanation of the process for that subdivision. <br />11 <br />