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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 7 of 17 (8. #09-3433 RICHARD HANSON, 340 BIG ISLAND, Continued) The Planning Commission voted 5-0 to recommend approval of both requests. Jeff Lambert, Attorney-at-Law, stated the portion of Mr. Hanson’s property down by the lake requires constant upkeep to remove debris. Essentially the vacation is for privacy and to help him monitor his property. Lambert noted the property is basically a U-shaped lot. Murphy asked whether this is considered one lot. Turner indicated it is part of four platted lots, plus an already vacated right-of-way. Murphy asked if the utility easement would be maintained. Lambert stated they do not have a problem with granting the easement. Emeric Dwyer, Attorney-at-Law, stated he represents a number of landowners who are opposed to the vacation. Dwyer noted he does personally utilize Lot 320 and also Meta-Comet Avenue. Dwyer indicated in his view the City is incorrect that Meta-Comet Avenue never ran down to the lakeshore. In 2002, the maps show that it does goes down to the beach, and that at the same time the land was vacated in 2002, someone closed off that area with a pen on the map. That has resulted in a strip of land that connects both sections of the 304 property. Dwyer noted he has not had a chance to review the plats displayed by Staff before tonight. Dwyer pointed out Meta-Comet is the easiest portion of the island to reach and also allows the other residents to use the beach. That area is the only feasible option to bring a boat onto the island. The other alternative is to attempt to haul over an unimproved road vehicles and boats. As it relates to liability and debris, Mr. Dwyer stated he can speak from personal experience that the other property owners are not the ones that are creating that mess. The properties nearby are often rented out, which attracts partiers, but that the majority of the neighbors are a group of people who work hard to keep the island clean and attractive. Dwyer stated this is a well traveled access point, and in looking at the strip of land, which in his view is public land, it should be referred to as a spike strip. Dwyer stated in practice and in pattern this land has been used by others for the past 90 years. That small strip of land, even if there was originally a line there on the map, given the history of past use, there is now a prescriptive easement or other right-of-way that is available to the other lot owners. Cutting off Meta-Comet Avenue will remove that access point for the neighbors. Given the fact that there is no other viable access down to the lake, the residents would need to go to the other side of the island, go up a hill, around a corner, back down a hill, and then to their property. If this access is cut off, the neighbors would be forced to petition for a cart path or a right-of- way, which could drag out for years. Bremer asked for clarification of the 2002 vacation. Dwyer pointed out there is a piece of property that reaches towards the shoreline and that there appears to be a conscious decision by someone to cut off that portion of land by drawing a line on the map. Dwyer stated to his understanding no notice was given to the adjoining property owners of that. Item #02 - CC Agenda - 01/11/2010 Approval of Council Minutes 12/14/09 [Page 7 of 17]