10-20-1997 Planning Commission Minutes

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• MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #4 - #2294 LGA Investments - Continued) Casey said if findings were substantiated showing an archaeological site has been disturbed, it would be a violation if an EAW was not initiated. Schroeder responded that if Casey believed that potential was there, it would take an expert to make that determination and suggested the group looking into it. Casey said he would prefer it be determined through an EAW rather than spending the funds of his clients. Schroeder said there has been no basis shown to think that Indian burial mounds exist. Waters noted that he and the City could not make that determination. Waters showed aerial photos of the property. Casey noted that environmentally sensitive sites can be found in corn fields as well. Casey noted mounds have been found on higher elevations and by lakeshore. Schroeder noted the City has a long record of being sensitive to such issues. Jean Rostad, Tonkaview Lane, read a letter from Robert L. Brown, 4755 Tonkaview Lane, relating his concern over wetland delineation asking for further review. He said he found 2 of 3 criteria for wetlands to be shown in an area not deemed wetland and questioned why it had not been discussed in the report. He recommends an evaluation. He also felt there were serious issues of runoff and erosion after reviewing soils on the west side of Garden Lane. Rostad noted that Brown is an expert in this field. • Ken Adolph, in responding to this letter regarding wetland delineation, said the report was conducted by staff of Schoell Madson and not he, personally. He said their investigation found the small wetland on Lot 5, and he would expect any other wetland would have been delineated if found. Waters noted that Schoell Madson is a highly respected engineering firm and Bonestroo, the City engineering firm, concurred with their findings. McMillan noted there were obvious problems with drainage in the area and the developer has worked to not add to those problems but is not required to reduce them. She would like to see the application passed on to Council. McMillan also agreed with Staff s recommendation regarding park dedication of park land. She noted the points are well taken regarding tree preservation, the trail, and the ravine heading into the park land. She asked that the northern lot property be dedicated for park land. All Commissioners agreed. McMillan moved, Hawn seconded, to approve Application #2294 per Staff recommendations 1 -10 and with review of citizen concern on wetlands and review of drainage calculations. Gaffron asked for clarification regarding boulevard trees per code being planted by the developer, whether an EAW worksheet should be required, and whether City or applicant should conduct an archaeological Phase I review. Macmillan and Lindquist felt an EAW iwould have to be requested by Council. 15