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x <br /> i <br /> A second issue involves Munson's proposed "Option B" which includes a second <br /> driveway over property owned by the Wageners'. While there was a narrow driveway <br /> easement created in 1962, it was intended to serve a carriage house which no longer <br /> exists. In any event, the easement use was abandoned in the 1960's when new <br /> driveway easements out to County Road 51 were created in conjunction with installation <br /> of sanitary sewer in the neighborhood. The Wageners' have been in ownership and <br /> possession of their home since 1980. They have consistently prohibited any easement <br /> use and have forcibly blocked access over their property through construction of a fence <br /> throughout their ownership. On beha�f of the Wageners', I have reviewed the historical <br /> conveyances of the property now owned by the Munsons' and have confirmed that the <br /> driveway easement over the Wagener property has not been carried forward on any of <br /> the deeds conveying title. In 2004, the immediate predecessors in title to the Munsons <br /> inquired regarding the easement. My office confirmed in writing to Albert C. Trapanese <br /> and Sheryl A. Trapanese that the easement was abandoned and that the Wageners' <br /> now own fee title to the property by adverse possession. A copy of my letter is <br /> enclosed. <br /> Option B should not be considered for approval since the Munsons' will not be granted <br /> access over the property owned by the Wageners'. In addition, it is my understanding <br /> that Orono has a policy against allowing multiple accesses to public roads unless a <br /> hardship is established. <br /> Finally, the site plan proposed by the Munsons' shows several feet of fill along the <br /> common lot line with the Wageners'. The Wageners' have landscaped the area with a <br /> boulder wall and extensive trees. They wish to avoid changes to the drainage pattern <br /> on their property and want to preserve the appearance of improvements along the lot <br /> line. Consequently, the Wagener's request that fill not be placed within 5 feet of their <br /> common lot. <br /> In summary, the Wageners' will defend against any proposed use of their property for <br /> driveway access and object to any intensification of existing encroachments into the <br /> average setback area. They also request that any fill be kept at least 5 feet away from <br /> their lot line. At present, I anticipate that Morrie Wagener and I will be present when the <br /> Munson Application is considered by the Planning Commission. In the event that we <br /> cannot appear, I request that you will brief the Planning Commission on the above <br /> issues. <br /> ery yours, <br /> �� �� <br /> Pet . Johnson <br /> PWJ/bj <br /> CC: Alan and Deanna Munson <br />