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• 05^1i.99 15:31 MU.B’bi’ PUU6 <br />LINDQUIST &, VENNUM p.l.lp. <br />more exacting procedures. The 1968 CUP places no limitations on use of the <br />Woodhill Avenue access and creates no conditions of review other than those <br />provided for in the ordinance, i.e. a petition of 75% of the surrounding neighbors <br />or violation of the terms of the permit. It does not provide that if “X” number of <br />houses are built within 300 or 500 feet of the property, the Conditional Use Permit <br />or some aspect of it may be reviewed and reconsidered. <br />The suggestion that WoodhiH ’s decadcs-long use of Woodhill Avenue was not <br />encompassed in the 1968 CUP is frivolous. Use of Woodhill Avenue to access <br />Woodhill Country Club was well-knoAvn to the City Council (See .Searles <br />testimony). A hand-drawn map attached to the application showed two <br />driveways, one to Woodhill Avenue and one to County Road 15. While Mr. <br />Malkcrson, his clients, and even the city staff have speculated as to what the <br />drawing meant to the city council, none of them were at the meeting in 1968. The <br />fonnei mayor of Orono, Robert Searles, was at the meeting and, in fact, was the <br />City Council member who moved to grant Woodhill ’s Conditional Use Permit. In <br />sworn testimony, Mr. Searles has stated that (1) he was familiar with Woodhill <br />Country Club’s access to Woodhill Avenue; (2) he had personally used the access <br />for many years; (3) he was personally involved in deteimining the zones and <br />districts in the 1968 comprehensive zoning ordinance; (4) he understood the CUP <br />Application drawing to include the driveway connecting to Woodhill Avenue and <br />the driveway connecting to County Road 15; and (5) neither he nor any other <br />member of the Council ever expressed any desire to limit Woodhill Country <br />Club’s access to Woodhill Avenue. Mr. Searles testified as follows: <br />Question;“As you looked at this hand-drawn portion of the Application in <br />1968, what was your understanding then as to what the drawing of <br />the driveway off to the left of the page indicated?” <br />Answer (by Mr. Searles);“Well, it was just the driveway within Woodhill <br />property that attaches to Woodhill Avenue and that <br />was obvious to all of us. It wasn’t even a subject of <br />discussion.” <br />Question:“When you moved to approve the permit for Woodhill Country <br />Club, was it your intent to change, in any way, the access to <br />Woodhill Avenue?” <br />DOC# 1 I iy804\l