01-17-2001 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION Wednesday,January 17, 2001 (#2550 Charles Van Eeckhout, Continued) which has been resolved this past November, 2000, and access into the property. Weinberger stated the main obstacle to gaining access to this property is the fact that the property in which the proposed road would be located is owned by John Dunn and not the Applicant. The Applicant has had a driveway easement over that area for perhaps the past 40 years,which has provided access to one 20 acre site. The City Attorney has reviewed the easement document, and it is his opinion that a driveway access did not imply that a road could be constructed in the easement to service additional lots. Currently the driveway services two lots in this area. At the time a third driveway is added to this access,the road would need to be upgraded to City standards. Weinberger stated the Applicant is looking for some direction from the Planning Commission on whether they feel this is a good concept plan and should proceed forward with access negotiations with the property owner to the north. Weinberger stated this proposed plan does address many of the concerns the Planning Commission and City Council have had with the other prior proposals. Van Eeckhout indicated this is the plan of record before the City, which was approved by the City Council at its November 11`}'meeting, with the message that if Long Lake approves the access,the City of Orono would approve this plan. Van Eeckhout stated at the December 18th meeting the City Council reversed itself and voted 5 to 0 to prepare a resolution of denial due to issues relating to access off of Apple Glen Road. Van Eeckhout stated another plan he had proposed calling for seven lots was denied due to the small lot sizes, which has resulted in a number of different revisions in the plan. Van Eeckhout noted the two main issues relating to this development have primarily focused on access and the amount of wetlands on the property. Van Eeckhout stated he does have legal access off of Apple Glen Road according to the Attorney General's Office, but due to the concerns expressed by the citizens of Long Lake, he is attempting to gain access to this development off of Brown Road. Van Eeckhout noted the Long Lake Planning Commission recently tabled his application. Van Eeckhout indicated he would prefer access off of Brown Road rather than have access disputed by the citizens of Long Lake. Van Eeckhout stated in an effort to move forward, he has contacted John Dunn, who indicated he would be agreeable to submit to binding arbitration. Eeckhout indicated he has made three offers to Dunn in the past, who has returned all three offers unsigned. Eeckhout stated he has not received any offer back from Dunn regarding access. Eeckhout stated he would like to pursue binding arbitration on the issue of access. Van Eeckhout stated he is looking for guidance on whether the layout before the Planning Commission is acceptable. Van Eeckhout stated this plan is predicated on access off of Brown Road. Mabutsh inquired whether this development would be hooked up to City sewer. Van Eeckhout stated it has been recommended that this property be hooked up to City sewer due to the sensitive environment issues that exist, and that there is the capacity to be hooked up to the PAGE 14