07-13-2015 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. Goldsmith indicated he cannot read the topographic maps that have been presented but that he has heard there will be some change in the lay of the land. Goldsmith stated as he understands what is being proposed, these structures will be two and a half story homes. Goldsmith stated when the properties were first put up for sale, the real estate agent called him a number of times and eventually he was threatened that if he was not willing to sell their property to make three lots, they would place two homes directly out his back yard. Goldsmith stated the lot division does essentially look directly at his back door. Goldsmith stated his experiences with the real estate agent have left a bad taste in his mouth. Goldsmith stated he is a little concerned about the topography of the land and having 2-112 story homes looking into the back of his house. Goldsmith stated if he had known about this issue at the time of the Planning Commission meeting, he would have brought it up. Goldsmith stated the other issue is that in the southwest comer of his property there was a stake that was driven in with a flag that was approximately ten feet across the fence line onto his property with the stake saying approximate property line or something to that effect. Goldsmith indicated he then contacted Mr. Gaffron because he had no prior knowledge that the developer was making a claim that the fence line was not the property line. Goldsmith indicated he purchased the property in 1980 from the original owners and that the property was originally a 10-213 acre property similar to the Stubbs property but was subdivided into the current shape it is now. Goldsmith stated the other property is the 2-2/3 acre property with the original Godfrey house on it. At the time he purchased the property and even now there is a fence between his property and the property to the south. Goldsmith stated after purchasing his property in 1980, he purchased the adjoining property in 1985, which is the northern parcel, and continued to own it until 2006 or 2007. Goldsmith noted there was never a time during that period where the fence line was not the dividing line. Goldsmith stated when he found out a couple of days after the Planning Commission that they were going to be claiming approximately ten feet of his property, he contacted Mr. Gaflron who advised him to contact the surveyor. Goldsmith indicated there was some work that they did and essentially it said something to the effect that there were stakes when his property was platted, which was platted after he bought it, and that the new stakes that they put in match the stakes that had been done by Gordy Kaufman. Goldsmith stated all he knows for the property line is the fence line. Goldsmith stated after 35 years of living there and now being told that the fence line is anywhere from six to ten feet off the property line, he has a problem with that, and that he would urge the Council not to approve a subdivision that takes ten feet of his property since he is in disagreement with that. Goldsmith noted he did have a discussion with Tom Aldridge, who owns the lot at 245 Old Crystal Bay Road, and that he is less affected by it. Goldsmith stated on that lot there is a two or three foot difference from where the fence line is. Goldsmith stated there are a variety of legal reasons for why he believes the fence line is the correct boundary and that this is a major issue and a major surprise to him. Goldsmith stated in his view the City does not want to be in the business of platting property that is not owned by the developer. City Attorney Mattick stated the subject property has to be surveyed as part of this development and that he would encourage Mr. Goldsmith to contact his own surveyor to determine the location of the property line. Mattick stated the City is not in a position to say whether that fence line is in the proper location or not. Page 16 of 28