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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 16, 2009 6:30 o'clock p.m. (#09-3433 RICHARD HANSON, 340 BIG ISLAND , CONTINUED) The existing cabin was constructed in 1977 to replace a cabin that burned a short time previously. It received a lakeshore setback variance. The septic system was replaced in 2007 . If approved, a new tax parcel combination request would be filed before the resolution is recorded. Staff recommends the following: 1. If the Commission detennines it to be appropriate , approval of the requested vacation of Meta Comet Avenue subject to retention of a utility easement for the existing electrical line. 2. Approval of the lot area variance subject to the tax parcels and vacated right(s) of way being combined into one tax parcel. Schoenzeit asked whether the lots could be separated again and developed. Turner stated they are considered to be one record lot and are supposed to be kept together. A condition of the lot area variance requires that the lots be combined. Rahn asked if it is private property between the end of the avenue and the lake. Turner indicated it is. Jeff Lambert, Attorney-at-Law, noted that Mr. Hanson is presently recuperating from surgery and is unable to attend tonight's meeting. The reason for the vacation is for the same reason as for the vacation of Massasant Avenue that was approved in 2002. Mr. Hanson 's property totally sunounds the vacated portion of Meta Comet and ends approximately 40 feet from the lake. Meta Comet does not lead to any other property except Mr. Hanson 's. Lambert noted that in 1986, the applicant was George Hanson, who is the father of Richard Hanson, and that they have always treated the parcels as one lot. Kang noted one of the reasons for requesting the vacation is that Mr. Hanson is experiencing some people parking on his property. Lambert stated they do experience boaters corning to the island and partying on his property. One of the concerns that Mr. Hanson has is the lack of enforcement on the island. Schoenzeit asked if the easement is unimproved. Lambert stated it is unimproved except for the electrical line. Chair Kang opened the public hearing at 7:45 p.m. John Eiden, 330 Big Island, stated if Meta Comet is vacated, he would like to have his street vacated as well since there is a historic building (his guest cottage) on the right-of-way. Eiden indicated he is opposed to closing the street since it is used by a number of the residents in order to access the lake. There are a number of people who do party in this area and that it has been part of the culture of the neighborhood to go down to the beach. It is currently not differentiated between what is public property __________________ Page 10