05-11-1999 Public Hearing - Woodhill CC

Home Browse Search

I LINDQUIST & VENNUM p.l.l.p, Clifford M. Greene, Esq. January 26. 1999 Page 3 I Avenue and serve not only the Pillsbury property but also Woodhill. There is a recorded 10 ft. utility easement running south from Woodhill Avenue along the Woodhill property line to the Pillsbury house. There is no separate east-west utility easement along Woodhill Avenue. The utility poles were placed in the public right-of-way up to the Woodhill property line.] Second, Mr. Pillsbury was contemplating development of his property and was concerned that Woodhill Avenue was a public road up to the Woodhill property line. Mr. Pillsbury cites that on two occasions. Sunday, July 29 and Monday, July 30, 1979, he observed “two large commercial looking trucks ... parked on Woodhill Avenue so as to totally block it." Mr. Pillsbury noted that the trucks were “immediately to the east of Mr. Wegener’s driveway ." Both the survey map and a walk of the site establishes that trucks could not be parked east of Mr. Wagoner’s driveway without being outside of the 1887 right-of-way and on what the City refers to as the “Pillsbury easement.” Mr. Pillsbury emphasized that the location of the vehicles blocked public access to the public street even though Woodhill ’s driveway was closed by a gate at the time: “I also don't know whether these cars are parked there merely for the convenience of Mr. Wagener and because he assumes that with the Woodhill gate locked, no one wishes to travel further east or whether he has positive permission from the Village of Orono to park the vehicles there. I do know that with the vehicles parked there it would be impossible for utility trucks serving my utilities to reach the point where they would enter my property." Mr. Pillsbury noted that whether or not the Woodhill Club keeps the gate closed is a matter of Club policy" with which he is not concerned. He was however, "very concerned about his legal rights as a member of the public.” On July 31. he sent a copy of his July 30 letter to Mr. Morrison to the Village of Orono and asked for "an acknowledgment of this letter" and assurance that "no action in respect to Woodhill Avenue which might affect the public rights to the road" will be taken without notification to him. (Bates # ORO 819) On August 14. 1979. Mr. Pillsbury again wrote the Village of Orono describing the fact that he found "Woodhill Avenue east of Mr. Wagoner's driveway completely bio~ked by two large trucks which apparently belong to him.” (Bates # ORO 815) Mr, Pillsbury told the City that "if a public road is blocked, I do not think that a member of the public, and particularly an owner of abutting land, should Does um)\>2 \