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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,June 15,2015 <br /> 6:30 o'clock p.m. <br /> Stickney stated he will not do that since there is no need to do it given the covenants that will be on the <br /> properties and the difficulty the City would have in enforcing it going into the future. Stickney stated he <br /> will be involved with the building of each lot. Stickney stated the architectural review committee will <br /> also be monitoring the building. <br /> Lemke asked if 100 percent of the homeowners would have to approve any changes. <br /> Stickney stated they will in the Big Woods. <br /> Lemke asked about the prairie. <br /> Stickney stated the prairie land is not part of that covenant but to his belief it would require eight. <br /> Thiesse noted Item No. 7 say excluded parcels are Outlots A and B. <br /> Leskinen noted if the outlots are ever developed,they would need to come back before the City. <br /> Stickney stated he is spending a lot of money right now preserving what should be preserved. <br /> Schoenzeit asked what would happen if one of the homeowners decides to remove 50 trees and construct <br /> a pool. <br /> Stickney stated they would have to plant approximately$50,000 worth of replacement trees. <br /> Schoenzeit stated he does not see any teeth to prevent that. <br /> Jeff Watson, Attorney-at-Law with Moss &Barnett, stated he is the author of the covenants. Watson <br /> stated he would like to point out that not just the association has the right to enforce any violations of the <br /> covenants but any property owner in the development has that right. Watson stated even if you have a <br /> (ess than active association, it will only take one owner to take enforcement action. <br /> In addition,the covenants have a restoration obligation. Watson stated if somebody violates the <br /> covenants,there are a number of remedies, including planting more trees than what were removed. The <br /> later submitted covenant contains an amendment provision to the declaration that is designed to protect <br /> not just the trees but also the prairie land provisions. Watson stated if anybody wants to amend anything <br /> about the Big Woods,they have to get everyone who does not have a Big Woods lot to also agree with it. <br /> Watson stated Section 9.4 is designed to make sure that that does not happen. Watson stated in his view <br /> the people with the biggest stake in enforcing the covenants are the people who purchase the lots and live <br /> there. <br /> Stickney stated when they sell a lot in the Big Woods,there are driveway location and building zones <br /> with legal descriptions attached to them. Stickney stated everyone in the development will know what <br /> they are doing when they purchase a lot and that it is unlikely that someone is going to buy a lot to go and <br /> violate a covenant since they will have a number of people watching them and penalties that will be <br /> enforced. Stickney stated the only way to preserve a lot like this is to buy it and preserve it. <br /> Page 5 of 53 <br />