01-17-2023 Planning Commission Packet

Home Browse Search

MINUTES OF THE ORONO PLANNING COMMISSION November 21, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 13 ever be provided for this parcel. In the handout it says “dense vegetation, steep topography, shallow water depths, undesirable lake bottoms” all in description of this particular parcel. He thinks it is relevant and prudent to ask the Applicant what his intended use is and Ressler did ask that as it could potentially be a condition as it goes to the City Council. Ressler does not find the 10 acre parcel to be particularly relevant as any landowner can develop within the guidelines of what is afforded. Regarding access, there are many other places that will be utilized by the fire department before this would be in putting out a fire. Candidly, if the fire department needs to utilize any water on the lake they will go on private property to do so to put the fire out. Ressler would be in support of this vacation for the same reasons he was supportive of the other vacation he spoke of. Libby thanked the citizens that spoke up. He also noted they are dealing with private, residential sales between individuals and they are here to discuss the vacation of the right-of-ways, not the private property ownership of larger portions of the lot. There are methodologies and negotiations between the owner and the City that can remediate some of the objections, such as the utility easements which can be carried over. He noted facing the Applicant is a gauntlet of scrutiny, approvals, engineering, and they will not be able to willy-nilly acquire these easements and then do whatever they want. The City has a very well-written 2040 Comp Plan that addresses many of the issues that citizens tonight have expressed. Libby shared a concern as he sees a private property ownership in between any access to the marsh that would potentially be an access to the lake. The snowmobiling that is happening there should be done with privileged permission from the property owners that have a sliver of a lot between one of these vacated portions and the marsh. Libby does not disfavor the conditional approval by Staff and thinks it is somewhat prudent. In the case of Hattie Place, he feels it could be remediated or negotiated between the vacation and the Applicant. Kraemer thinks Ms. Curtis did a great job of presenting the item. When he hears the term “precedent” it is pretty powerful and the City has done this in other places. He is in support. Chair McCutcheon noted no one really has access to the lake unless they go across private property. Regarding the narrow lanes through the lots, he thinks there is an opportunity to fix them. He does see a need regarding Hattie Place to provide utility which he believes Staff recommended. Chair McCutcheon thinks a garage is on that property and asked the Commissioners if they are in favor of all the vacations or some that should remain. Libby said in the packet it states the Applicant has proposed maintaining utility easements. Curtis showed an image on screen, noting Staff recommends vacation of the yellow areas, and are recommending the brown areas be maintained as right-of-way. Ressler thinks before it goes to the City Council, some research should be done regarding future intent of using that for utilities. If there is no future intent of turning that into a public access, Ressler does not have opposition to it. He would be in support of maintaining that public right-of-way if there is intention of future use. He cautions tabling the item as he is not sure it would change the Commissioners’ opinions besides comments that have been made. Curtis replied there are utilities in the Hattie Place right-of-way now, including an overhead powerline and a sewer line. It would maintain the easement while vacating the land. Chair McCutcheon is in favor noting the yellow areas seem to make it cleaner.