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MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 19, 2002 6:30 o'clock p.m. (#02-2749 Thomas Egan, Continued) Hawn stated at the current time they possibly are not easily recognizable by the general public, but the question is whether they are taking away someone's right to have access to certain parts of the island in the future. Kluth commented if the right-of-way is vacated, it would no longer be public land. Egan stated vacation of this right-of-way would not affect access to any of the individual lots. Rahn stated the reality is that the Applicant's situation will probably not change whether the road is vacated or not, but that the Planning Commission needs to look at whether they are denying access to the general public if the vacation is approved. Gaffron suggested in exchange for this vacation that the City request a strip ofland to the lake. Gaffron noted the road corridor stops 20 feet from the lakeshore, and that this might be an ideal place to request a dedication of land to the shoreline. Egan stated he does not own that piece of land, and that is it his understanding that piece of land is tied up in a lease. Gaffron commented this area of land might have been intended as a swimming beach at the time it was platted. Hawn reiterated that the Planning Commission has to insure that the general public has access to Big Island. Egan stated in his view there might be a problem with granting that piece of land to the shoreline, and that the public can use Lakeview A venue. Egan stated he is unable to obtain a mortgage on this cabin because it is located in the right-of-way, and that in his view it would not be a problem for the City to vacate that right-of-way, noting that it is usable at this point for a road or a pedestrian trail. Egan stated the road has not been utilized for a significant number of years. Kluth recommended that this right-of-way not be vacated since they are unable to know what future use this piece ofland might be needed for and that the City needs to preserve the right to use that piece of land. Hawn stated she would be in favor of vacating the right-of-way if an alternative is provided. Egan commented the general public can still access Lakeview, which is a used pathway and does contain utility lines. Egan stated Lakeview also has vehicular traffic. Egan commented these are seasonal cabins and that most of the platted roads on Big Island are unrecognizable by the general public. Hawn stated the Planning Commission needs to protect access on Big Island for use in the future. Kluth agreed with Hawn. PAGE28