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engineering issue. It is an open item. Mr. Koeth mentioned one question is how wide the street will be. Mr. Corsi indicated it is 22 feet which was requested at the last meeting. The original figure was 18 feet and engineering indicated in a letter that 22 feet would be approve-able. Mr. Spalding asked if that would satisfy the city as far as service and safety issues. Mr. Griffith indicated it would. They are talking 22 feet from face of curb to face of curb. Mr. O'Malley indicated he reviewed the documents that were submitted for the declaration of the homeowner's association. He said a couple of the issues that came up before the Planning Commission were the rubbish collection, and snow removal. It was also his intention to look at some of the easements that were described in the documents. These homeowner's association documents are governed by state law, similar to condo associations. As he understands it, these unit owners don't take a fee interest in the property, but they have an interest in the living unit through the declaration that is on file. These streets are not to be offered for dedication. It is his understanding the engineering department is not going to be interested in maintaining any specific easements or access, as you would ordinarily have on a city street, to service the utilities. These things would all be the burden of the homeowner's association. Nonetheless, the documents do address a number of easeinents that are available for emergency access and other things of that nature. There are a few items in that area for which he has specific recommendations. There was some language that makes reference to the easement areas and some formal action of the city. It would be his recommendation that they not have this process viewed as a formal acceptance of these private drives; so it is not construed as an acceptance of those areas. They can put additional language in there that would make it clear that the city is not required to service these utilities, and in the event that the city were required to under some emergency circumstances, that there would be some form of indemnification. A law firm that is very well respected prepares these kinds of documents and he would expect they are very competent in this area of the law. The documents contain the identity of all three trustees. These things usually start out with the developer in charge of the association and maintaining control. Once 25% of the units are sold, the developer would have one of the trustees picked by the 25% ownership. Within 5 years or 75% of the units being sold, the trustees are going to be selected by those hoineowners. Obviously they can continue to select the developer. The developer might continue to have some interest but at some point in time, within 5 years or 75% of the sales, it is expected that control of the association will pass froin the developer to the homeowners. He looked at the language that addressed the subject of trash removal and he did not find that it is sufficient to put a potential purchaser on notice of the fact that they would, and the association would, continue to be responsible for that cost specifically. It didn't indicate that it would be curbside trash pick up as opposed to dumpster pick up. This is a subject that, in his experience, has been a sore subject because 10 years from now the residents of this area might come to the city looking for that service to be provided. They rriay not be too pleased to find that that service might not be available. To avoid that dilemma, it inight be prudent to recommend some language to put into the association documents to make it clear. He did not see specific language that addressed the subject of snow removal on the streets. The association has a responsibility for these common areas and Mr. Corsi will of course be responsive to his residents and provide these services, but he did not see that language. Perhaps the Planning Commission would consider a condition of approval whereby some language was suggested to be added to the declarations. He could possibly submit something or suggest something to Mr. Corsi's attorney in this regard. On the other subject, he indicated he sent out a memo to the Planning Commission. He wanted to alert the Planning Commission to the report and the recommendations contemplated by the code. The code describes the Planning Commission's obligation to go through and make certain findings. He would encourage the board to go down the list of specific items that are being presented and make findings as to whether they conform or do not conform to the code. He has tried to outline those iteins in the memo and he thinks Mr. Conway has also gone through some of them. He would encourage the board to not undertake, in one single motion, the issue of approval or disapproval of this site plan as a whole. He would recommend they address each individual variance. He said the term variance is usually in reference to a hard and fast standard of the code, in a zone that is 3