<p> 1</p><p>Town of Merton Public Hearing Bence-Hillcrest Dr. Vacation Minutes of June 26-07 </p><p> Called to order by Chairman Morris at 6:30p.m. Present: Chairman Morris, Supervisor’s Fleming, Miller, Herrick, Nawrocki, Attorney Chapman and Clerk Oman. Also Present: Robert Schwartz and Family, Scott Bence, Kugler, Nielsen</p><p>Clerk Oman read the public hearing notice. </p><p>Chapman stated the board introduced a resolution more than 40 days ago (May 8th) the proposed vacation of a portion of Hillcrest Dr. Chapman pointed to the yellow triangle to indicate it was basically a noman’s land. Chapman said the Hillcrest intersection was relocated many years ago and this triangle just kind of fell off. </p><p>Bence stated his request was due to poor platting years ago and it became necessary to petition the town to remove the 20’ strip. It affects the buildable area of the property I own, F.A.R. and setbacks. The county recognizes this portion as a town right-of-way, but it’s never more than property and grass. </p><p>Clerk read a letter from the Nowak Family Trust. The letter stated there was no objection to the proposed vacation as long as current properties meet current offsets and setbacks.</p><p>Gail Kugler asked if it affects properties on Hillcrest Dr. </p><p>Chapman said no, Hillcrest Dr. comes in on a curve and this 20’ is in noman’s land. Kugler said the 20’ strip shows up on some surveys and some not. Chapman said the surveryor in 1919 probably didn’t depend on that being a road. </p><p>Ned Nielsen, west of property in questioned. Resident all of his life, back then there was a question on that, there was never any intended 20’ strip on the properties. It wasn’t very accurate. Discussion on 20’ strip. </p><p>Chapman, always an argument, if it doesn’t say private, it’s public. Even in 1919, town roads had to be 49.5 rods. Morris said all the rest of 20’ stands, they just changed the course of the road. </p><p>Public Hearing Closed at 6:45p.m.</p><p>Susan J. Oman, WCMC </p>