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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 15, 2011 6:30 o'clock p.m. Leskinen asked whether the material would need to be exported off the site or whether it can remain on site. Curtis stated it can be taken off the site . Harold Wingerd stated Planner Curtis has described pretty well what they are proposing. The neighbor, Fred Puzak, who has objected to the plan, purchased the property sometime in 2007 or 2008. Since that time eight enormous boulders have been placed near the property line. Curtis displayed an aerial picture and indicated it was taken in either 2009 or 2010 . Wingerd stated he also has some pictures depicting the boulders. Currently there are eight boulders in that area. Mr. Puzak has also placed parking dividers all the way around. Wingerd indicated they did access the house previously through a different area and through the arbor. Mr. Puzak has defoliated everything and has placed some boulders in the area. He has also blocked the arbor. The size of the boulders are extremely large and are approximately seven to nine feet in diameter. Mr. Puzak lives down on the point of the peninsula and is at least a football field away from our residence. According to Mr. Puzak's papers, it is approximately 12 lots away from our residence. There is a significant amount of distance between the two homes. Wingerd indicated he drives a Suburban and his wife now drives a Dodge van. They just cannot make the turn into the existing garage doors. In fact, they have had to park on the side of the road. Otherwise their cars would stick out into his easement. Wingerd stated he suggested from day one in the spirit of cooperation that Mr. Puzak drive into his place and they will drive into our place. Unfortunately that has not worked out. Mr. Wingerd noted they have gone through three years of litigation. Wingerd stated he can only tell the Planning Commission that when they come around that corner, they get a knot in their stomachs as a result of what Mr. Puzak has done. They have contacted a realtor, Jeff Martineau, and would like to sell the property . The realtor suggested that they try this procedure with the Planning Commission to switch the garage doors. Wingerd indicated he was not aware of Staff's recommendations regarding the sidewalks until today but that he does not feel that will be a problem. The sidewalk can be located w here the old garage doors are. As it relates to the turnaround, if it requires a jog, they would be happy to comply. Mr. Puzak has submitted a letter to the City, which Mr. Wingerd indicated he did not receive until this afternoon. They are currently in the midst of litigation. Wingerd indicated he has spoken with his attorneys about the court orders and they believe we have a meritorious claim. It would have to go to the court of appeals to be resolved since the lawsuit was based on a new statute. Wingerd indicated he would prefer not to do that since they have already spent into six figures on attorney fees. What they are proposing is substantially easier for us and better for the City. Mr. Puzak states in his letter that the Long lake Fire Department is on record voicing concern regarding the passage of emergency vehicles. They have been on record because of the rocks and a post near the boulders. The post is eight by eight. Wingerd stated in his view it is somewhat disingenuous to blame them for that situation. The width of the current asphalt is roughly 12 to 13 feet. They do have to occasionally park up in this area but they try to park off the asphalt to allow other cars to come in and out. ------------------Page 14