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MIMUTBS OP THE PLANNING COMMISSION MEETING NOVEMBER 20, 1989 <br />ATTENDANCB 7:00 P.M. <br />The Orono Planning Conanission met on the above date with the <br />following members present: Chairman Kelley and Planning <br />Couimissioners Brown, Hanson and Bellows. The following <br />represented the City staff: Building and,Zoning Administrator <br />Mabujth, Assistant Planning and Zoning Administrator Gaffron and <br />City Recorder Scheffler. Council Representative Edward Callahan, <br />Jr. attended and CounciImember Nettles was also present. <br />*1475 JOHN MCOOffBLL <br />4045, 4105 AND 4135 BAYSIDB ROAD <br />PRELIMINARY SUBDIVISION <br />PUBLIC HEARING 7:00 P.M. TO 7:35 P.M. <br />The Affidavit of Publication and Certificate of Mailing were <br />duly noted. <br />Mr. McDowell and Mr. Hayssen were present for this public <br />hearing. <br />Assistant Planning and Zoning Administrator Gaffron <br />explained the proposal of Mr. McDowell and Mr. Hayssen. Gaffron <br />said that the City Attorney has preliminarily reviewed this <br />application and has suggested that the City not file the <br />subdivision until the issue involving an existing easement is <br />resolved. <br />Chairman Kelley noted that if it were not for the issue of <br />the easement, this application would be straight fonward. <br />Mr. Tom Owens, Attorney for Robert White, provided a brief <br />history of the White property and adjacent properties. He said <br />that he had discovered that the attempt to create an easement <br />back in 1950/1960 resulted in an ineffective easement. He said <br />that the title company that has insured the easement for the <br />benefit of McDowell, Hayssen and Alt is trying to find some <br />resolution. He said that Mr. White's position is that Mr. <br />McDowell's proposed subdivision will not work without access to <br />Bayside Road. <br />Chairman Kelley asked why Mr. White had approved the <br />construction of the Alt and Hayssen residences? <br />Mr. Owens said that Mr. White was not aware of the extent of <br />the easement at that time. Re said that a prominent Law Firm and <br />Title Company had opined that there wan a proper easement, when <br />in fact the easement was not properly established. He said that <br />Hayssen, Alt and McDowell were placed on notice of this October <br />11, 1988. <br />Chairman Kelley asked Mr. Owens whether access would be cut <br />off if Mr. McDowell decided not to go through with the <br />subdivision?