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MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 20, 1989 <br />Al"rENDANCE 7: 0 0 P.M. <br />The Orono Planning Commission met on the above date with the <br />following members present: Chairman Kelley and Planning <br />Commissioners Brown, Hanson and Bellows. The following <br />represented the City staff: Building and Zoning Administrator <br />Mabusth, Assistant Planning and Zoning Administrator Gaffron and <br />City Recorder Scheffler. Council Representative Edward Callahan, <br />Jr. attended and Councilmember Nettles was also present. <br />#1475 JOHN MCDOWELL <br />4045, 4105 AND 4135 BAYSIDE ROAD <br />PRELIMINARY SUBDIVISION <br />PUBLIC HEARING 7:00 P.M. TO 7:35 P.M. <br />The Affidavit of Publication and Certificate of Mailing were <br />duly noted. <br />Mr. McDowell and Mr. Hayssen %,.ete present for this public <br />hearing. <br />Assistant Planning and Zoning Administrator Ga;fron <br />explained the proposal of Mr. McDowell and Mr. Hayssen. Gaf f ron <br />said that the City Attorney has preliminarily reviewed this <br />application and has suggestec that the City not file the <br />subdivision until the issue involving an existing easement is <br />resolved. <br />Chairman Kelley r, 3 that if it were no` for the issue of <br />the easement, this appl. ion would be straight forward. <br />Mr. Tom Owens, Attorney for Robert White, provided a brief <br />history of the White property and adjacent ptopercies. He said <br />that he had discovered that the attempt to creata an easement <br />back in 1950/1960 resulted in an i -effective easenent. He said <br />that the title company that has insured the easement for the <br />)enefit of McDowell, Hayssen and Alt is trying to find some <br />resolution. He said that Mr. White's position is that Mr. <br />McDowell's proposed subdivision will not work without access to <br />Bayside Road. <br />Chairman Kelley asked why Mr. White had approve' the <br />construction of the Alt and Hayssen residences? <br />Mr. Owens said that Mr. White waF not aware of the extent of <br />the easement at that time. He said that a prominent Law Firm and <br />Title Company had opined that there w.iG a proper easement, when <br />in fact the easement was not properly established. He said that <br />Hayssen, Alt and MCDuwell were placed on notice of this October <br />11, 1988. <br />Cha.irr.,an Kelley asked Mr. Owens whether access wou_ i be cut <br />off if Mr. McDowell decided not to qo throug_ with the <br />subdivision? <br />