HomeMy WebLinkAbout16-20 Mac appeal update 3-8-21MONTAIR PROPERTY OWNERS ASSOCIATION
C/O Homeowner Association Services 2266 Camino Ramon
San Ramon, CA 94583 Tel: (925) 830-4848/Fax: (925) 830-0252
rritter@hoaservices.net
March 8, 2021
Town of Danville
Re: Land Use Permit LUP20-0067-APPEAL UPDATE Properties: 16 & 20 Macomber Road
This letter is a brief summary of activities that led us to where we are today.
Michael Bellig bought the two lots of 16 & 20 Macomber Road in late September 2020, under two different legal names: his own, plus his company, GDE Corporation.
He has stated at the time of purchase, he had only received the Association’s Bylaws. Apparently, he
had not read them, or he would have been aware of existing CC&Rs that apply to all owners within the
Montair Property Owners Association (MPOA).
After his purchase of the two lots, he started working with the Town of Danville to “resolve his lot line issue”. Apparently, he had not approached the Association.
His position is to move the 16 and 20 Macomber Road adjoining lot line, since is currently runs under
the existing master bedroom and garage of the main house on 16 Macomber Road. His proposal would
increase the size of 16 Macomber Road to approximately 1.8 acres and reduce the size of 20 Macomber
Road to approximately 1.1 acres. His request to the Association’s Board for the adjustment is for a more “practical resolution to the encumbrance issue that was inadvertently created over 65 years ago
and significantly hinders the value of both association member properties”.
The MPOA Board has appealed the Town’s approval for the lot line adjustment. During the first
appeal meeting on 23 February 2021, with the Town’s Planning Commission, both sides made their positions known, and the Commission decided for a continuance until the next meeting, now scheduled
for 9 March 2021. Several members of the Planning Commission urged a “more balanced net property
realignment.
On 24 February, Bellig emailed the entire MPOA Board to “summarize his experience over the last four months”. He stated he exchanged email with Randy Ritter 13 times since November 2020 and had
two phone conversations. He states twice he received a response there was no acceptable solution.
After he obtained Del Chandler’s phone number, he called and got the same response. He states the
Del told Mike “…this is your problem” and that there “was nothing the Board can or will do to help”.
To the best of Del’s memory, he said no such words, however Del did state the Board’s opening position, hoping Bellig would come back to negotiate a fair and balanced resolution; but Bellig never
did.
On 1 March 2021 Bellig and two members of the Town’s Planning Commission (Fred Kormacher &
David Crompton) conducted a conference call with Del Chandler & Randy Ritter. David started the
conversation stating “…don’t want the Planning Commission to make the decision….” They wanted the homeowner and the Association to come to an agreement. Bellig stuck to his only resolution;
Randy and Del discussed possible solutions, including moving his “red line” up to his backyard and
driveway. He reluctantly agreed. Del stated he and Randy would present that to the Board for
discussion.
Del called a Special Executive Board meeting on 2 March 2021. Board members agreed:
• Moving the red line was not enough, the lot sizes have to be more balanced.
• Wants a better balance of square footage for both properties
• Could increase easements, especially for driveways
o This follows the recommendation by Town’s Commissioners Mary Grace Houlihan and
Paul Radich; “exclusive easements”, a creative tool with setback variances”
• Could possibly acquire small portions of neighbor’s properties to add to 20 Macomber Road
Also, from the Board’s discussions, one Board member created drawings of lot line adjustment options
(see attached).
On 3 March 2021, Randy and Del talked with Bellig about the Board’s decision and recommendations. Bellig was not interested in any of our suggestions.
We believe all this activity shows the MPOA Board is trying to be reasonable while following its
fiduciary responsibilities of enforcing the MPOA’s governing documents.
The Board will continue with our appeal.
Regards,
The Board of Directors
Montair HOA