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m <• <br />\ <br />To: <br />Prom: <br />Date: <br />Subject <br />Orono Planning Commission Members <br />Michael P. Gaffron, Asst Planning & Zoning Administrator <br />January 16, 1987 <br />#1090 Roger W. Hollander/John Hollander <br />(Estate of Hildur P. Hollander), 200-250 Hollander Road - <br />Preliminary Subdivision - Continuation of Public Hearing <br />List of Exhibits <br />Exhibit A - Planning Commission Minutes of 11/17/86 <br />Exhibit P. — Letter From Applicant's Attorney 11/19/86, <br />Road Easement Document <br />Exhibit C - Tom Jacobs Letter to John Hollander 11/24/86 <br />Exhibit D - Planning Commission Action Notice 12/26/86 <br />Exhibit E — Letter From Applicant's Attorney 1/7/87 <br />Exhibit F - Septic Testing Diagram 1/7/87 <br />Exhibit G - Mabusth Letter to Examiner of Titles 1/15/8'/ <br />Exhibit H - Memo and Exhibits of 11/11/86 <br />Commission tabled this item at the 11/17/86 meeting pending <br />lurther input of information and resolution of specific issues remaining <br />from prior subdivision approvals. ^ <br />Additional Information <br />A. Regarding Road Easement and Maintenance Covenants: <br />Applicant's attorney has submitted a document that was filed in the <br />chain of title of Outlet B. This document would normally suffice to <br />that the mechanism for private road ownership and maintenance <br />exists, however, this document contains no signature and therefore its <br />validity has been questioned by staff. A preliminary opinion by the <br />Examiner^ of Titles indicates that since the douement was accepted for <br />filing in 1979, it is valid for those properties where at least one <br />^f^sj^sfer of title has occurred without challenge to the document. <br />In the case of Outlot B, the indication is that the document may <br />potentially be challenged and declared invalid, since no transfer of <br />title has occurred. if that happened, the two lots proposed to be <br />cf®^bed from Outlot B would not be subject to the private road <br />covenants and maintenance. <br />Staff Recommends that the property owners be required to properly file <br />a new road easement/maintenance document. <br />B. Septic Testing for secondary drainfield sites on both lots has <br />been submitted and is found to be acceptable. John Hollander <br />indicates that the sites proposed for Lot 2 might conflict with a <br />future house location and further sites would need to be tested at the <br />time a new houes is proposed. <br />Staff Recommends acceptance of the proposed secondary drainfield <br />sites. <br />: <br />k <br />%