11-20-1995 Planning Commission Minutes

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} ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 20, 1995 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Stephen Peterson, Sandra Smith, Dale Lindquist, Janice Berg, and Elizabeth Hawn. Charles Schroeder and Candace Rowlette were absent. The following represented the City Staff. Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, and Recorder Sherry Frost. Councilmember JoEllen Hurr was present. Chair Peterson called the meeting to order at 7:00 p.m. SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION MEETING ( #1) #2082 RICHARD STARK, 575 OXFORD ROAD - AFTER - THE -FACT CONDITIONAL USE PERMITNARIANCE AND VACATION - 7:00 -7:26 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Mabusth reported that the application was in response to a violation for tree removal and vegetation clearing within the 0 -75' zone also involving a violation of a conservation and flowage easement filed against the chain of title of the property. The property is located within the Stielow addition and the City's wetland maps classifying the wetland as marsh wetland type. The applicants are asking for approval of a plan with a new delineation, referred to as area "A ". Trees removed in the area "A" were 10 in number and 12 in area "B ", the remaining area included under conservation and flowage easement. Mabusth said the City Engineer has reviewed the soil delineation report and concurs with the findings and recommends redefining the area. The City Staff has recommended filing a vacation of the original conservation and flowage easement and to be conditioned on the granting of a new easement. Mabusth reviewed the issues and considerations set forth by applicant for the Planning Commission to consider including the applicant's lack of knowledge of the conservation area and Stark's agreement to replant evergreen and fruit trees in the 0 -75' zone. Applicant Stark said he purchased the property in June of 1995 and was not notified of the easement. Stark said he made changes that he felt were appropriate. Selected trees were removed, and it was his intent to replant evergreen trees. The City asked the applicant for a current survey locating the 75' zone and new wetland delineation area along with the legal description. Mabusth said the applicant cooperated with the erosion control efforts. •