09-14-2015 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 14, 2015 7:00 o'clock p.m. 7. #15-3763 CHRISTOPHER AND GAIL BOLLIS, 200 AND 350 STUBBS BAY ROAD, PRELE IINARY PLAT — RESOLUTION NO. 6536 (continued) The goal was to understand the situation and whatever rights they have or what rights may have been violated during that process. Miller stated they all made very large investment decisions based on the information that was shared and they wanted to understand the situation. Miller stated he and his wife, as well as Kristine Knorp, were sold lots at the end of a small cul-de-sac, which is what they paid for, what they were sold, and what they want. The property owners at 125 Kintyre, even though they are not parties to the letter, also object to the road extension as well. After reviewing the situation, Miller stated in their view they have some legal basis for their request, which has been outlined in the letter that was submitted to the City. Miller stated since the road itself is owned by the property owners and not the homeowners association, any easement to provide access to the road would require their approval and at this point they are not inclined to provide it. Miller stated the unfortunate thing is that this has an impact on the Bollis' but that they need to defend their rights. Miller stated they would ask the City develop a solution to provide access to the property that does not require an extension of their road. Walsh asked if they have consulted with an engineer regarding the safety of the road. Kristin Knorp, 180 Kintyre Lane, indicated they are still working on that component. Mattick stated as he understands it, the attorney's objection is that members of Kintyre own an interest in Outlot C, which terminates in the cul-de-sac. Mattick stated he does not dispute that since the documents say that, but noted the documents also say that there is a public easement that has been recorded over the outlot. Mattick stated the residents' attorney acknowledges in his letter that there is a public easement over that area for road purposes. Mattick stated as a result of the recorded public easement, no further permission is needed to construct the road since permission was granted before they purchased their properties. Mattick stated the mistake is to the north of the cul-de-sac where another separate outlot was created and for which no easement was recorded. Mattick stated Mr. MacKinnon and his original investment group continues to own that outlot and was not part of the sale. The City has been provided with a public easement over that outlot for roadway purposes. Mattick stated the documents are of record and they state that there is a public easement for road construction without the need for any future permission. Miller stated he would request the City Attorney talk with his attorney on that issue and that his viewpoint is different than that. Mattick indicated he can provide his business card to Mr. Miller. Mattick stated he cannot speak to the representations that were made to the residents at the time of purchase. Mayor McMillan closed the public hearing at 7:49 p.m. Christopher Bollis, Applicant, stated they felt it would be better to have the construction traffic coming off of the existing driveway at 200 Stubbs Bay rather than having heavy equipment going down the road and they are okay with that. Page 9 of 39