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To: Orono Planning Commission Members <br />From: Michael P. Gaffron, Asst Planning 6 Zoning Administrator <br />Date: January 16, 1987 <br />Subject: #1090 Roger W. Hollander/John Hollander <br />(Estate of Hildur P. Hollander), 200-250 Hollander Road - <br />Preliminary Subdivision - Continuation of Public Hearing <br />List of Exhibits <br />Exhibit A - Planning Commission Minutes of 11/17/86 <br />Exhibit B - Letter From Applicant's Attorney 11/19/86, <br />Road Easement Document <br />Exhibit C - Tom Jacobs Letter to John Hollander 11/24/86 <br />Exhibit D - Planning Commission Action Notice 12/26/86 <br />Exhibit E - Letter From Applicant's Attorney 1/7/87 <br />Exhibit F - Septic Testing Diagram 1/7/87 <br />Exhibit G - Mabusth Letter to Examiner of Titles 1/15/87 <br />Exhibit H - Memo and Exhibits of 11/11/86 <br />NOTE: Planning Commission tabled this item at the 11/17/86 meeting pending <br />further input of information and resolution of specific issues remaining <br />from prior subdivision approvals. <br />Additional Information <br />A. Regarding Road Easement and Maintenance Covenants: <br />Applicant's attorney has submitted a document that was filed in the <br />chain of title of Outlot e. This document would normally suffice to <br />verify that the mechanism for private road ownership and mairrenance <br />exists, nowever, this document contains no signature and therefore its <br />validity has been questioned by staff. A preliminary opinion by the <br />Examiner of Titles indicates that since the d,.ucment was accepted for <br />filing in 1979, it i- valid for those properties where at least one <br />transfer of title has occurred without challenge to the document. <br />In the case of Outlot B, the indication is that the document may <br />potentially be challenged and declared invalid, since nc transfer of <br />title has occurred. If that happened, the two lots proposed to be <br />created from Outlot B would not he subject to the private road <br />covenants and maintenan,- . <br />Staff Recommends that the property owners be required to properly file <br />a new road easement/maintenance document. <br />B. Septic Testing for secondary drainfield sites on both lots has <br />been submitted and is found to be acceptable. John Hollander <br />indicates that the sites proposed for Lot 2 might conflict with a <br />future house location and further sites would need to be tested at the <br />time a new houes is proposed. <br />Staff Recommends acceptance of the proposed secondary drainfield <br />sites. <br />