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Lake and Interior Land Access <br />Individual access to public right of way is necessary to Big Island properties. The vacation of the <br />right of way does not eliminate public access to each lot because each lot has access to the lakeshore <br />and access to other right of way. The plat map shows each of the lots adjacent to other public land. <br />Access to public right of way for other lots on the island would not change. <br />According to information available to the City, property surveys and City topo maps, it does not <br />appear any part of Massasoit A venue or Metacomet A venue have direct public access to the <br />lakeshore. <br />Staff Recommendation <br />The property owners have the opportunity to negociate with Qwest to allow Qwest to use and access <br />their facilities. Staff cannot support vacation of the Massasoit A venue until Qwest and the property <br />owners reach an agreement on how to allow continued access to the telephone facilities. This could <br />be done by the property owners granting a public utility and access easement along the utility lines, <br />or provide a private easement for Qwest for the service lines. <br />The second option would be to have utilities relocated out of Massasoit A venue. Either option <br />would require all property owners and Qwest agreeing on a solution. Final approval of a vacation <br />could be considered by the City only after resolution of the issue. <br />Staff recommends the application be tabled until the issue with Qwest is resolved. <br />Any future redevelopment of the properties would require new structures to have a minimum setback <br />of75' to the lakeshore. The survey indicates nearly all of Massasoit Avenue, proposed for vacation, <br />is located within 7 5' of the lakeshore. Vacating the right of way will not allow further development <br />on those portions of the property. <br />Public Hearing Required <br />Staff did notice the hearing for the vacation request, for the February 19, 2002 meeting of the <br />Planning Commission. Notices were also mailed to all property owners within 350' of the property. <br />Staff requests the Planning Commission open a public hearing for public comment. If the request <br />is tabled the hearing will be continued to a future meeting. <br />PLANNING COMMISSION OPTIONS FOR ACTION <br />1. Approve <br />2. Table <br />3. Deny, stating reasons <br />4. Other Action <br />#02-2749 Thomas P. Egan <br />350,360 and 370 Big Island <br />February 13, 2002 <br />Page2 of2