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City of Orono <br />Page Two <br />April 12, 1990 <br />Orono. Yet, that drainage ditch is used to collect waters from <br />other properties, and connects to the tile line on the "Ned Dayton" <br />property. We understand that the City does have an easement for the <br />drain tile through that property. It appears evident that the <br />existing drainage system, the drainage ditch through the Jentilucci <br />property connecting with the Dayton drain tile system is not <br />adequate during periods of heavy rain. Under a letter of agreement <br />issued by your city attorneys, on behalf of the City of Orono, dated <br />July 26, 1985, the city agreed to make such repairs as were required <br />on the tile line on the Dayton property. <br />(d) It is our position that the Planning Commission and the <br />City Council should not grant the variance as presently proposed. <br />My clients would consider withdrawing their objections if th^‘> <br />location of the proposed new structure were closer to the old site; <br />if there were enforceable provisions that precluded any further <br />change in lot elevations; and if the city would secure an easement <br />over the drainage ditch in the Jentilucci property; and would <br />enlarge the drainage systems so as to be able to handle larger <br />quantities of water. We understand that the city may benefit from <br />the sale of the property, there being assessments against the <br />property, in favor of the city. But, we object to the 2180 Prospect <br />Avenue property being improved at the expense of neighboring <br />property and property owners. The city has set minimum lot sizes <br />and set back requirements and should not grant a variance from same, <br />where granting of said variance in all probability cause harm to <br />adjoining properties. <br />My clients have worked hard and invested funds to improve their <br />property and are most concerned that the city permi; no action which <br />would put their property and its value in jeopardy. We believe it <br />is possible to improve the adjoining premises (2180 Prospect <br />Avenue), but only if actions are taken to avoid changes in elevation <br />and to improve the capability of the existing drainage system to <br />handle the flowage. We suggest that no action be taken with respect <br />to approval of the variance until satisfactory arrangements can be <br />made with same. <br />Thank you for your consideration. Please provide notice to me and <br />to Mr. and Mrs. Jentilucci of any and all City Council and/or <br />Planning Commission meetings involving the subject matter. <br />Sincerely yours, <br />HELKKIL<( ASSOCIATES, LTD. <br />ikkila <br />IDH:dlk <br />cc: Mr. and Mrs. Alex J. Jentilucci <br />Mr. and Mrs. Bob Johnson