10-16-2017 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 16,2017 6:30 o'clock p.m. Hueler stated the fact of the matter is that on Pence Lane there is only one other property next to them, which could potentially be subdivided, but to say the variances being requested are justifiable is not accurate. Hueler noted they made repeated attempts to communicate with the Dunkleys as well as left a letter in their mailbox as a last ditch effort requesting a discussion about their continued concerns and received no response. Hueler indicated they then had to have their attorney write a letter, which was not a minor thing for homeowners who are not attorneys, and that they do not have the resources to deal with this type of a situation. Hueler stated it is a hardship to be engaging in this situation and that it is City's government's job to determine what is appropriate. Hueler stated they were unwilling to pay the lakeshore price the Dunkleys wanted for the lane and that they did not understand why the Dunkleys wanted them to pay for a lot that has no lakeshore access, no lakeshore view, and is not buildable at a price that included what the Dunkleys had paid for their lakeshore. Hueler indicated they had real estate people come out as well as appraisers to look at the land and that they told the Dunkleys they could not pay that much for the land. Hueler indicated they offered to buy a smaller section of the land, which was not acceptable to the Dunkleys, and that Mr. Dunkley told them the price was nonnegotiable. Greg Hueler stated Mr. Dunkley also said they would be paying for part of the retaining walls by the marsh and part of the driveway. When asked why they should pay for that,they were told it was nonnegotiable and communication ceased by the Dunkleys. Kelly Hueler stated they left on vacation over Labor Day and came home to a dramatically altered land. Hueler indicated they were not given any fair warning except for a demolition order for the home. Hueler stated when they arrived home, in their driveway was a large backhoe and a bobcat, with huge stumps and boulders pulled out of the lake area all the way down to the shore. Hueler indicated they called the City but someone had already called in and a stop work order had been issued. Hueler stated she could not get out of her driveway that morning to get to work and that the situation was very intimidating. Hueler stated the Dunkleys know they did not notify them about the work and that they are now in a situation where they are wondering how any project like this could get passed when citizens' rights are supposed to be equal. Hueler commented reasonable people can disagree but they need to follow the law and not thumb their noses at City ordinances and City Code. Hueler commented she is not sure what they are supposed to do as neighbors when they did what they did to the lakeshore. Greg Hueler stated their easement rights specifically state that 2710 and 2715 share the driveway and that additional homes cannot be added to that driveway without their cooperation. Hueler commented it is unfortunate they have to be here tonight. Kelly Hueler noted they did not say anything at the July meeting but that they tried to be neighborly and present a reasonable solution but they unfortunately have gotten nowhere. Thiesse asked if the easement document is still in flux. Greg Hueler indicated it is and that they do not expire. Kelly Hueler stated easements are legally recorded and are still in play. William Dunkley, Applicant, stated they did try to reach an agreement and that he offered the Huelers the land at the same price they paid for it. Dunkley stated while the Huelers were not purchasing lakeshore, they also were not buying marshland. Dunkley stated for the last month and a half their lawyers have Page 7 of 32