07-22-2002 Council Packet - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MONDAY, JULY 8,2002 6. #02-2793 Revis Stephenson^ 1850 Fox Ridge Road—Afier-the-Fact Conditional Use Permit and Variances—Continued growing there where sage meadow would have been originally. Murphy asked how much shrinkage had occurred to the wetland. Peterson stated he wasn’t sure at this time. Sansevere stated he was in favor of giving them time to gather information. He asked Stephenson if he had any recourse against his contractor. Stephenson stated he would be pursuing action against the contractor. St^henson stated he did not believe granting his variance to grade in the buffer zone would be precedent setting. He found language in City documents stating that a buffer zone is not wetland and as long as it is restored to perform as a buffer, grading could occur. He stated that Spring Hill Golf Course had been allowed to grade extensively in the buffer zone of a wetland. Mayor Peterson asked if tabling the application would create an issue with the 60-day deadline. Munson stated that if it did, they would grant an extension of the 60-day limit. Eric Galatz, attorney representing Mr. Chafen at 350 Brown Road South, stated that he objected to including changes for adjacent properties without requiring that they also pursue permits for the changes. He claimed that not all residents who should have been notified were. He stated that Stephenson was required to submit a professional survey, and he hadn’t. He claimed all three properties involved should be reviewed. He added that his letter was not intended to incite the Planning Commission. Galatz stated that Stephenson had blatantly and intentionally violated the law, and damaged wetland by running machinery on the wetland side of the silt fence. He urged the Council not to table the application. He stated that Stephenson had been on notice since February and could have stopped the contractor back then. He added that the small trees Stephenson had planted would be easy to uproot. - Toby Dayton of 1895 Fox Ridge Road stated that he was in support of the revised permit. Throughout the process, he and Stephenson had had conversations about the fill and Stephenson had always been communicative and careful to make sure that Dayton approved of his action. He stated he favored allowing the land to remain as it currently is. He took strong issue with Galatz terming Stephenson’s action as blatantly disregarding the law. He stated that the drainage is much improved. He has 3 young children and the previous slope was a hazard. Mayor Peterson stated to Galatz that no amount of trees would stop Council fix>m pursuing appropriate action. She asked if new surveys found discrepancies in the delineation, would the application go back to the Planning Commission? Weinberger stated it would depend on the findings, especially since time was of issue and there was need for a resolution. Barrett stated that the application would only need to return to the