09-19-1988 Planning Minutes - Laserfiche WebLink

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MIMOTBS OP THE PIAmillG COIOaSSIOB !TIB6 SBPTBMBBR 19» 1988 • l> •ZCmiWG FILE tl319-FDLLBR COHTI1I1 Commission member Hanson, to table #1319. Nays^O, Motion passed. Motion, Ayes»5, §1321 TOM HAISLBT 950 OLD CRTSTEL BAT ROAD NORTH CLASS III PRELIMINARY SUBDIVISION SECOND RBVIBN The applicant, Tom Haislet was present, as was Lucy Taylor from the School Board, Bill Fenholdt from School Administration, and Tony Leung, the Attorney for the School District. Hr. Leung presented this matter on behalf of the School District. Mr. Leung explained that the School District was acquiring the parcel as proposed because of the lack of capital funds available to purchase the entire parcel at once. In addition, the sellers wanted to sell the land in installments to avoid an unnecessary tax burden. Further, the City of Orono prohibits the School District from entering into an installment contract. It was determined that the best procedure for purchasing the parcel would be a lease with an option to purchase. Mr. Leung reiterated the concerns expressed by the Planning Commission as to the School District failing to purchase all of the lots. The School District is in favor of placing an easement in favor of the City of Orono for the purpose of a road on the property. Mr. Leung's concern about the easement is that once the School District has purchased the entire parcel, they would need to come back before the City to obtain a vacation of the easment. He suggested filing the perpetual easement contingent upon the filing of the deed of conveyance for the parcel. Once that deed of conveyance was filed, it would automatically trigger a vacation of the easement. Chairman Kelley asked how difficult it would be for the School District to come back before the City for its vacation. Planning Commission member Bellows Interjected that it was her impression that the School District's presentation was strictly for the purpose of obtaining direction to proceed as the City requested. Zoning Administrator Mabusth stated that since the time that was determined, the School District had become concerned about the road easement in the future. Mabusth stated that depending on development pressures to the east of the property, the City could envision that road platted to the east lot line. Ms. Taylor stated that she had not been warned about the possibility of any development to the east disallowing the School District to vacate the road. That would hamper the School District's purchase of the parcel as a whole and would also jeopardize the City of Orono's public safety standards. She had not seen any instances where school districts have public roads running through the school property. Kelley asked about the possibility of the road being developed to the west. Cohen asked whether a developer would take into account the fact that the