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;* « <br />MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, June 14, 2004 <br />7:00 o’clock p.m. <br />(12. #04-3012 ROGER D. O’SHAUGHNESSY, 1265 BRACKETTS POINT ROAD- <br />VARIANCES/CONDITIONAL USE PERMITS - RESOLUTION NO. 5195 continued) <br />plantings done before the boardwalk is installed. Steinwall advised that the plantings would be done <br />immediately before the boardwalk is built. <br />Moorse initiated discussion of the proposed mesh fence in the 0-75’ zone. He advised that there have <br />been prior requests for fence variances due to security reasons in the 0-75’ zone and there maybe <br />many property owners who would be interested in a security fence in the 0-75’ zone. Moorse <br />indicated security purposes arc not a hardship. Steinwall emphasized the applicant is interested in the <br />fencing running parallel to the road and the curve of the road itself runs into the 0-75’ zone. The <br />applicant does not propose to run the fence perpendicular to the lake. Curtis and Gaffron explained <br />the proposed fence includes a 50’ distance into the 0-75’ zone as it follows the road and there would <br />be a gap of no fence from its end at the road to the lake. Curtis added that there is an existing fence <br />there now along the road. Moorse summarized the applicant’s position as that there is a road in the 0- <br />75 ’ zone and the applicant intends to run a new, imbedded fence only along the road to the property <br />line. McMillan questioned the security reasoning for the fence, acknow ledging that the entire <br />property boundary is not proposed to be fenced due to the gap at the lakcshore. <br />Murphy moved, McMillan seconded, to adopt Resolution No. 5195 approving a hardcover <br />variance to allow 438 s.f. of hardcover within the 0-75* zone in order to construct a 4* <br />boardwalk to the shore ending with a 177 s.f. landing for Roger D. O’Shaughnessy at 1265 <br />Brackett’s Point Road. VOTE: Ayes 4, Nays 1. Mayor Peterson opposed. <br />White moved, Sansevere seconded, to deny a lake setback variance in order to construct a svire <br />mesh fence along Brackett's Point Road within 75' of the OIIWL extending to the northeast <br />56 ’3” for Roger O'Shaughnessy at 1265 Brackett's Point Road. VOTE: Ayes 4, Nays 1. <br />Council Member Murphy opposed. <br />Murphy moved, McMillan seconded, to adopt Resolution No. 5195 approving a conditional use <br />permit and variance to allow grading, filling and retaining wall construction within the <br />floodplain for Roger O'Shaughnessy at 1265 Brackett’s Point Road. \’OTE: Ayes 5, Nays 0. <br />White moved, McMillan seconded, to adopt Resolution No. 5195 approving a conditional use <br />permit in order to construct chimneys 40’8" in height where 30' is allowed and a 50% height <br />increase is permitted by conditional use permit for Roger O'Shaughnessy at 1265 Brackett's <br />Point Road. VOTE: VOTE: Ayes 5, Nays 0. <br />Sansevere asked w hat is the record highest chimney in Orono. Gaffron described pitched-roof houses <br />w ith 38’ peaks. He explained the proposed chimneys are an arcliitcciural feature. <br />Page 13 of 22 <br />i