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MINUTES OF THY PLANNING CCMMISSION MEETING HLLD AUGUST 15, 1988 <br />REBERS SUBDIVISION PROPOSAL CONTINUED <br />potential homeowner would need to get their house plans approved <br />by an archirectura 1 centro 1 committee. This would as Sure that <br />•11 houses, whether built by Mr. Rebers or another developer, met <br />rtain standards required for building in that development. <br />Kelley asked whether the homeowner's association would be <br />the enforcing body of the covenants, and what the penalties would <br />be for the homeowner who violated any of the covenants. Mr. <br />Pflaum st.ted that the immediate homeowner was the most concerned <br />party. They would nctify the adjacent homeowner or builder of <br />any potential v )lation. The homeowner has tli right of <br />injunctive relief, which would interfere with hi 'ding and <br />financing. The second level of enforcement would be City of <br />Orono, which would have separate, legal authority Lc enforce the <br />provisions set forth there in the contract entered into with the <br />developer. Mr. Kelley asked about a specific situation whe-e an <br />adjacent neighbor would have no objections to a homeowner adding <br />a tennis court outside the buildi - pad. Mr. Pflaum replied that <br />the City should not issue a perm cor the tennis court because <br />it would violate the provisions of the contract. Kelley asked <br />about the individual who would cut down a tree within the <br />protective easement location. Mr. Pflaum stated that. the <br />individual would be in violation of the covenants and would be <br />breaking the contract with the homeowner's association and the <br />City. Generally the red flag would come from a neica,hor who <br />would report toe it dent. The City could then der the <br />violator '-o cease a.... desist. Cohen asked if it would be <br />possible to mark the trees that are not to be removed. Pflaum <br />answered affirmatively. Mr. Jarvis stated that in lieu of <br />marking each tree, a snow fence or taping would be done to mark <br />the protective area. <br />Kelley stated that there were some bi13 i,sues involved w;th <br />*his pro jec*_. He wanted ' o get the ela.,,-.inq commission's <br />yeedba ck 00-1 L e col lowing key isc, <br />Continuation of Pine lii1le Lane: +on thought thi ,Ian worked <br />very nicely. Ring rya Woo'Ss ig :c-si.cally the same, axcept <br />for <br />the extension of Pine Ridge Lane. lie thought the plan would <br />innt <br />require through traffic. Bellow was not absolutely positive t <br />it <br />pin* RiJSe would need to be the connecting road. Kelley would <br />he <br />satisfied if they could find something that :uld work with <br />the <br />3.3 &(.ues or the total 45 with,-)ut connection to Pine Ridge, <br />he <br />would not object t deadending Pine Ridge, and having <br />the <br />association to the west vacated and divided up amongst <br />the <br />property owners to tie west. Cohen d'sasreed wit! Kelley aad <br />was <br />e-r--cdrn#d about entering or exiting the locat' n should th, cniy <br />•e be blockee due to an accident or ether reason. Brrn+n <br />was <br />it in favor of .,onnecting Pine Ridge, bur, liked the aspect <br />of <br />keeping the parcel separate. Moob felt that the connection <br />was <br />not Necessary, but wanted to have a loop. In summary, <br />the <br />Planning Cosy 1, ton felt that connection with Pine Ridge would <br />21 <br />