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r <br />LINDQUIST & V ENNUM <br />k\ <br />June 20, 1994 <br />Page 3 <br />level. Even if the tower is only 65 feet tall, it is objectionable to Mr. MacMillan that it <br />be moved to an area of the Truchinski land at a higher elevation above sea level for that <br />will make even the lower tower more visible from the MacMillan property. Therefore.' <br />Mr. MacMillan endorses whatever municipal permission is necessary for the Truchinski <br />tower to stay in its present location at a height above ground level of 65 feet I enclose <br />herewith a covenant not to sue signed by David MacMillan to take Orono off the hook <br />should there be any problem with the tower falling over onto the MacMillans* property. <br />I think the foregoing completely and accurately sets forth the proper handlina of <br />this matter. I therefore respectfully request the Planning Commission to take the ^ <br />following actions: <br />1.Approve the tower height at 65 feet in Zone R-IA pursuant to the <br />provisions of Orono Ordinance Section 10.20, subdivision 3(K); <br />Grant whatever municipal approval is necessary such that the e.\isting tower <br />may remain where it is and closer to the MacMillan lot line than 65 feet on <br />the strength ot David MacMillan’s covenant not to sue attached; and <br />3.Such other action as Orono may require not inconsistent with the above <br />paragraphs. <br />Thank you for your consideration of Mr. MacMillan’s position. <br />Respectfully submitted. <br />RGM/gjg <br />Robert G. Mitchell, Jr. <br />cc: David D. MacMillan <br />1