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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) Egan stated the current situation is the fact that the City through the years has allowed structures to be built in the right-of-ways, which prevents him from being able to obtain a mortgage today. Hawn stated she would like to see a pedestrian walkway somewhere in this area. Mabusth suggested this application be tabled to allow the Park Commission time to review Big Island for possible trail use. Hawn agreed that the Park Commission should review this application. . Kluth commented that there is a value to this land that the City should recognize, and that it is the Planning Commission's duty to make decisions based on what is good for the public. Egan stated he understands that but does not feel vacation of this portion of right-of-way would affect the general public. Mabusth stated in her view perhaps this should become a policy of the City that the Park Commission reviews any vacation ofland to determine ifthere is some public purpose for the land. Egan indicated he would not be in favor of this going to the Park Commission. Egan stated legally he cannot get clean title until the right-of-way is vacated, and he would like to proceed forward to the Council. Hawn stated in her view it appears this application may be denied by the Planning Commission, and inquired whether Egan would like to have his application tabled or proceed before the Council. Egan stated he would like the Planning Commission to act on this application. Egan stated he is unsure what benefit would be gained by sending this application to the Park Commission. Hawn moved, Kluth seconded, to recommend denial of Application #02-2749, Thomas P. Egan, 350, 360, and 370 Big Island, vacation of a portion of platted "Massasoit A venue", without further input from the Park Commission on possible trail use. VOTE: Ayes 5, Nays 1, Mabusth opposed. Mabusth indicated she would prefer the City follow a procedure of having the Park Commission review applications requesting vacation of public land. Mabusth recommended the Council send this application to the Park Commission. Kluth moved, Hawn seconded, to recommend that all vacations of platted public roads be sent to the Park Commission for their review as well as the Planning Commission. VOTE: Ayes 6, Nays 0. PAGE 29