05-17-1999 Planning Commission Minutes

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ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 (#8) #2492 RICK AND GAIL LUZAICH, 2490 OLD BEACH ROAD -VARIANCE AND CONDITIONAL • USE PERMIT, 7:23 p.m. -8:17 p.m.—(cont.) City Staff is recommending denial of the proposed landscape plan and requests that the Applicant submit revised plans. Currently the stumps have not been removed. Staff would also like to have the opportunity to review this application over time to insure that proper restoration of this area is achieved with similar trees. Reznick inquired whether the City was requiring a replanting of mature trees approximately the same size removed or if the Applicant could replace this type of trees with a smaller size tree. Weinberger stated that the City is requesting that the Applicant replace the trees with fairly mature trees, noting that it is not possible to replace some of the larger trees. Reznick expressed a concern regarding the cost of replacing the trees and suggested that the City look at what is right for the property rather than punishing the property owners. Reznick noted that the Applicant has been charged with a misdemeanor. The Applicants are willing to cooperate with the City to accomplish the restoration, but they would like to keep this property in line with the other surrounding properties. Reznick presented photographs to the Planning Commission and noted that the other properties do not have the lake hidden from their view. Reznick requested that the Planning Commission address the house plan, noting that the Applicants would like to start work on this property in the near future. Reznick indicated that they would like to remove the stumps and replace with some shrubbing, and expressed a concern that the equipment that would be needed to replace the trees could cause the soil to be disturbed further. • Hawn indicated that she would like to see this property restored as quickly as possible to prevent erosion. Hawn noted that the City has allowed rift-raft in cases where erosion has occurred, but that the retaining walls are probably not going to be looked upon favorably by the Planning Commission. Hawn stated that the Applicants will need to get together with the City foresters to determine what is most feasible for this property. Luzaich stated that he is fine with restoring the property, noting that he has spent money trimming and pruning the other trees on his property and had merely removed what he thought was old unhealthy trees. Stoddard remarked that the Planning Commission has to act on what is before it tonight, noting that the Planning Commission is merely a recommending body and that any plans would need to be approved by the City Council. Stoddard commented that the Applicant should work with City Staff on the reforestation, noting that he would like to see some mature trees planted to screen the neighbors'view as well as the proposed hardcover reduced. Luzaich stated they had proposed the retaining walls in an effort to save the hill. Weinberger commented that the stumps could possibly be removed but that the roots should remain to help hold the dirt in place with new plants and trees planted. Reznick inquired whether anything could be agreed to tonight. Eric Paulson, Old Beach Road, stated that he has lived in this area for the past 21 years and belongs to the Lafayette Bay Association which has been proactive in trying to preserve the natural beauty of Lafayette Bay. Paulson remarked that the property owners were perhaps ignorant of the laws regarding removal of trees by the lakeshore. • Gaffron remarked that the City of Orono did not and would not issue a permit to allow this type of 8