By PETE KLEIN

Express News Staff

INDIAN LAKE - The Burke’s Cottages subdivision saga continued last week when the Indian Lake Planning Board found itself pondering a driveway maintenance agreement faxed by William H. Intemann Jr., William Burke’s attorney.

When the board approved the subdivision in August 2007 the two property owners affected were Evelyn Rider and Frederick Andrews. One of the permit conditions is an access and maintenance agreement had to be signed before any of the properties were sold.

This clause was triggered when Andrews sold his property to Julius Ragauskas. The Planning Board has threatened to yank the permit if an access and maintenance agreement is not reached.

As neither Burke nor Intemann was present, Attorney for the Planning Board Michael Hill explained the faxed offer. “This is pretty close to the original agreement,” he said.

Hill suggested adding a clause so the agreement could not be modified without the Planning Board being notified.

NO WINTER ACCESS

Rider explained the problem as she sees it. She said, “Julius wants 12 months of access and has been denied.” She also complained there hasn’t been any accounting for road maintenance costs.

Hill acknowledged Rider’s concern. “You can’t file a document that requires someone to pay for anything without them signing the document,” he said.

Rider said she and Andrews did sign the original document, but Burke never did.

Hill will make a counter-proposal that would include keeping the road open in winter.

Copies of Hill’s recommendations for changes to the agreement will be sent to Burke, Intemann, all members of the board and Rider and Ragauskas.

STRAIN DRIVEWAY

A request from First Baptist Church for a boundary line adjustment between its property and that of Paul and Becky Strain was approved.

A recent survey shows the Strains’ driveway is on church property. The adjustment of .023 acres will put the driveway on the Strain property.

The primary condition is a notation on the revised deed stating the addition to the Strain property will not create any new building lots.

PURDUE BOUNDARIES

Richard “Dick” Purdue requested advice on how he should proceed with a boundary line adjustment between property he owns and property owned by George and Marsha Purdue.

Purdue was advised to submit applications for two boundary line adjustments of equal amounts between the two properties.

The purpose is to place his driveway on his property and transfer some of his land to his son and daughter-in-law so they can build a garage.

The Indian Lake Planning Board will next meet Wednesday, Jan. 4, starting at 7 p.m. in Town Hall.