September 17, 2025, Planning Board Special Meeting Transcript - WEHI

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 95 opinion, just for clarification, who owns -- do you know who owns this? THE WITNESS: I'm going to defer. MR. PLOCKER: Yeah, I can answer it. The roadway is owned by the property owners who front Oval Road. However, my client, going back in connection, I believe even prior to the approval of the West Highland Condominiums, there was an easement granted in Oval Road and there was certain agreements which are recorded which require my client to maintain and repair Oval Road, but gives my client, and I believe the general public, the right to use it as a public -- as if it was a public road. But it is private. MS. KAPFERER: Okay. MR. PLOCKER: I hear comments that it's private property. It is 100 percent private property. All the property owners going back to the 1980s entered into an agreement, and there are recorded easements, that give the right to use Oval Road, all of it, up until the entrance of the condominium on Warner. The right, and I can get the specific language, to be used for public use. And all the property owners agreed to that. Those agreements run with the land and if you own property now or own property, which is subject to any easement, then my client and the public have the right