05-27-2014 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL Tuesday, May 27, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 23 (8. NEW JOINT USE DOCK LICENSE – PIRATES COVE (PUBLIC HEARING) – RESOLUTION NO. 6406, Continued) John Biglow, Attorney-at-Law, stated he represents the Broghammers. Biglow stated two weeks ago he spoke to the City Council regarding the rights of the riparian owners as well as the easement owners. Since the beginning of this application, the land owners have been working diligently to resolve some issues that resulted in litigation. Those issues have eventually been resolved. Biglow noted he did meet with Mr. Gaffron tonight in order to provide to him a clarified survey which not only includes the proposed dock for the joint dock application but will help clarify where the position of the dock will sit or start. Biglow stated he hopes the information will help the City Council make their decision tonight and then revisited annually. Biglow noted two weeks ago when he discussed this with the City Council, it was indicated that a similar configuration would be presented to the LMCD. Biglow stated he also spoke with Mr. Gaffron regarding the requested changes in the resolution and that the parties are in agreement with the proposed revisions. Biglow stated it should be noted under Paragraph 5 on Page 4, the joint dock application is actually just for the easement holder’s dock, which would include four slips. Biglow stated the homeowners association could be defined as the four slips. Biglow stated when the property owners approach the LMCD, it is true the LMCD will look at all the slips available for that stretch of lakeshore, but that it should be made clear that the Pirates Cove homeowners association is essentially just looking for the joint dock permission of four slips. Stewart Elger, Attorney-at-Law with Stinson, Leonard, stated he is here on behalf of the riparian property owners and that they stand in support of the application for the joint use dock license. As Staff pointed out, the riparian owners are entitled under the applicable regulations and codes to three slips cumulative between them, which are pointed out in the application. The riparian property owners also support the change Mr. Biglow mentioned, which would change the number of slips for the off-lake property owners from seven to four in Paragraph D5. Elger stated as Mr. Biglow pointed out, the riparian owners are not participating in the Joint Use Dock and that his clients are agreeable to the depiction that is shown on the overhead. Elger stated the overhead shows the definite location of the joint use dock. Elger noted one item in particular that was formalized today is that the southern-most edge of the joint use dock will lie on a line that begins on the shoreline 21 feet from the lot line. Elger stated that notation has also been made on the survey. The southern edge of the dock will follow a line that will extend out into the water from that point. The dock is 42 feet in width total and would include all docking materials, structures and boats that can be contained within the dock use area that has been agreed upon among the parties through the process of the litigation. Elger indicated they are also in agreement with the changes to the resolution that would switch the numbers in Paragraph B of the recitals. Elger stated the numbers were inverted and were switched back to reflect that the riparian property owners have three slips and the off-lake property owners having four slips. Mayor McMillan closed the public hearing at 8:56 p.m.