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MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 19, 2002 6:30 o'clock p.m. (#02-2748 Richard and Nancy Marzan, Continued) Marzan stated in his view the stairway and retaining wall have not been maintained well, and that he would like to remove the excess debris away from the walls. Marzan indicated they would paint the shed more of an earth tone color to blend in better with the lakeshore. Rahn noted the shed is not in anyone 's line of sight. Mabusth inquired whether the shed could be brought into conformance while construction is going on. Marzan indicated he would really like to retain the shed and that he would be willing to paint it another color if possible. Marzan stated if it is not possible to keep the shed, he will comply with whatever the Planning Commission decides. Hawn stated it is her impression from the comments that the Planning Commission would like to see the shed replaced with a lock box. Smith, Rahn, and Fritzler stated in their view the shed should be reduced in size. Kluth reiterated he would allow the structure to remain until such time as it needs to be replaced . Mabusth noted no major structural repairs are allowed on non-conforming structures. Mabusth moved, Hawn seconded, to recommend approval of Application #02-2748, Richard A. and Nancy Marzan, 2795 Pheasant Road, granting of a hardcover variance to allow the existing stairway and 216 square foot deck to remain in the 0-75' setback area, along with the 20 square foot shed being reconstructed into a lock box, with the understanding the shed shall be painted an earth tone color, and further subject to the Applicants being placed on notice that the deck is a non-conforming structure, and that if major repairs are necessary in the future, the deck will need to be brought into conformance at that point. VOTE: Ayes 4, Nays 2. Smith and Fritzler stated they would like the deck to be brought into conformance now. (#11) #02-2749 THOMAS P . EGAN, 350,360, AND 370 BIG ISLAND, VACATION, 10:29 p.m. -11:10 p.m. Thomas Egan, Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicant has requested that a portion of platted "Massasoit Avenue" be vacated. Massasoit Avenue is an undeveloped right-of-way on Big Island originally dedicated on the plat of Morse Island Park. The right-of-way has been used by Big Island residents and guests for interior pedestrian access to parts of the lakeshore and , periodically, for vehicular traffic for transporting materials for home construction and septic installation. The right-of-way is also used by utility companies for electric and phone service to the Island properties . PAGE 25