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MINUTES OF THE ORONO TRUTH -IN -TAXATION MEETING and the ORONO CITY COUNCIL MEETING Monday, December 12, 2016 6:30 o'clock p.m. 14. ##15-3763116-3860 CHRISTOPHER AND GAIL BOLLISICHRISTOPHER AND RACHEL BOLLIS, 200-350 STUBBS BAY ROAD NORTH -FINAL PLAT APPROVAL — RESOLUTION NO. 6708 (continued) Levang indicated she is comfortable with Scenario 2, Tom Fleming, 300 Stubbs Bay Road, stated he and his wife support the temporary use of the driveway for construction but that they expect the road to be upgraded to handle construction equipment. Fleming stated he does not support the permanent use by Lots 5 and 6 of the access road but that he can understand the desire of the applicant to retain that for both lots. Fleming stated by combining Lot 2, Tamarack Hill, and then re -platting it, all lots would have access to the main road and that he does not really understand the need for the secondary access. Fleming stated in his view having the additional driveway is in the spirit of single-family home development in the City. Fleming stated as it concerns the physical barrier, whether it is a physical barrier or a relocation of the lot line, in his view there needs to be something there because it will probably cause an issue down the road. Fleming stated to his understanding, if they look at the current declaration of covenants for his property, he is not covered adequately. Fleming noted the covenants are proposed to be part of Kintyre Preserve and that he is not part of that. Fleming stated in his view a new declaration between the two of them would help define it further and should be a requirement of the agreement. Levang asked if it is the responsibility of the City to create a declaration between Mr. Bollis and Mr. Fleming. Mattick stated the applicant has the right to use the road predevelopment and that there has been discussions the long-term use of the road. Mattick stated the amount of land that can use that road is being shrunk, and the idea expressed in the discussion was to achieve a status quo scenario. Mattick stated he understands there is an extra lot being created that could potentially use that road and that Staff attempted to address the enforcement issue by giving the City the ability to assess any enforcement costs that may be necessary against the property owner. Fleming stated he would go back to the City's own ordinance. Fleming stated with this new plat, the City is basically saying this is allowable provided that appropriate easements exist between the parties that share the driveway. Fleming stated if you look through the declaration that is currently in place, it is clearly something that anticipates something to happen for that to be used as a primary access. Fleming stated that changes the use of the access road, it changes who can use it, and it changes the transferability of it. Fleming stated as a result, the covenant he has in place is not appropriate. Mattick noted there is one home using it now and there will be one home using it after. Fleming stated the agreement basically talks about the driveway being used as a primary access and that it does not define what a secondary access actually is. Fleming stated if someone were to purchase his property and look at the declaration, they would not really understand it since it is something that is contemplated in the future and does not represent what it is being used for currently. Page 17 of 33