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16 Great Neck Road North <br />-Mashpee, Aassachusetts 02649 <br />Ms. Waygan asked Mr. Lehrer about the bike path and sidewalks and inquired about their <br />ownership. She is curious if we have been in contact about what would happen to those. <br />Mr. Lehrer stated they are town owned. This has been discussed with DPW, but he does not <br />have clarity. <br />Ms. Waygan is looking for a motion to ask Catherine Laurent, DPW Director to seek clarity on <br />sidewalks and bike path and see what it is she needs. <br />MOTION: <br />Mr. Balzarini made a motion to inquire with DPW Director about the sidewalks and bike <br />path for the proposed project at 532 Main Street. Seconded by Mr. Fulone. All in favor. <br />Ms. Waygan commented that Mr. Lehrer has an out of the box idea she would like him to <br />share. <br />Mr. Lehrer knows that the zoning needs clarity when defining distance between the sidelines of <br />any road, and does that mean a road on the same side or both sides. The engineers for the <br />applicant are interpreting this as same side, so 153.3 ft. from the sidelines would be compliant. <br />They certainly need clarity, and he has included this in the scope with the traffic study. The use <br />of Nicolettas Way was a valiant attempt, and what we are struck with now are the constitutional <br />rights of access and private property as well as safety concerns with a new intersection. In his <br />opinion, an idea where everyone walks away slightly uncomfortable but satisfied would be if <br />the private road and Nicolettas Way were taken as a public way, then access would be granted <br />as a public way, and liability and maintenance would go away, and the town would assume <br />ownership and the issue with the neighbors and safety concerns would be rectified. It has not <br />been discussed but there is a mechanism the town has at its disposal. As for the Cape Cod <br />Commission decision, there were numerous Public Comments regarding the 2002 clear <br />cutting. At that time there was contemplation of the public taking of this road, he is unsure why <br />that did not happen, but it seems like a prudent endeavor he should ask Counsel and DPW <br />Director. <br />Ms. Waygan would like that idea to go to Town Counsel. She stated the taking of this road <br />would have to be an action approved by the town at Town Meeting. <br />MOTION: <br />Mr. Balzarini made a motion for Mr. Lehrer to follow up with Town Counsel and DPW <br />Director about the public taking of a private road and town ownership. Seconded by Mr. <br />Fulone. All in favor. <br />ri <br />