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r Mayor Barbara Peterson Orono City Council Page 3 July 15,2002 CUP. The CUP the City issued in November 2001 permitted a 4 to one slope. The City should require Mr. Stephenson to conform to that permit. B. Mr. Stephenson's violations of his original conditional use permit and watershed district permit were either intentional or grossly negligent. In his ''Analysis of Relevant Facts" Mr. Munson attempts to further underplay the extent and seriousness of Mr. Stephenson ’s permit violations by characterizing the violations as ''unintentional ” and the difference between the approved and actual work as “a slight discrepancy.” Mr. Chalfen asks the City to consider the following: 1. On November 11,2001, the City of Orono granted Stephenson a conditional use permit for 3,280 s.f. of land alteration. A site plan marked by Zoning Administrator Weinberger shows the area covered by the permit and the area Stephenson actually altered without a permit. (See letter attached to the report to the Planning Commission and this as letter as “D”). Stephenson covered at least twice the area he was permitted to cover. 2. Mr. Stephenson ’s intrusion into the wetland buffer was not “unintentional ” or, if the intrusion was unintentional, Mr. Stephenson was grossly negligent. The January letter from the MCWD (Letter F) cites Mr. Stephenson for commencing the fill work without inst.;lling the required double silt fence. After the January citation, Mr. Stephenson installed a single silt fence. The February letter from the City of Orono (Letter G) cites Mr. Stephenson for failing to maintain the single silt fence. Photographs of Mr. Stephenson driving construction equipment on ‘he wetland side of silt fence, with openings in the silt fence, demonstrate that there was nothing “unintentional ” about Mr. Stephenson ’s violation of the wetland buffer. In fact, those pictures may demonstrate that Mr. Stephenson intruded on the wetland itself. Color copies of some of the photographs Zoning Administrator Weinberger attached to the Request for Council Action are attached to this letter. 3. Mr. Stephenson ’s intrusion across his side setbacks and into his neighbors ’ yards was also either intentional or grossly negligent. Mr. Stephenson ’s CUP approved a set of plans with distinct construction limits. The fill exceeds those limits by 50 to 60 feet on each side and crosses Mr. Stephenson ’s property lines. Mr. Stenhenson failed to mark those limits or take other action to confine the fill to the approved limits. Further, Mr. Stephenson and his contractors could not have placed the fill without intentionally clearing the trees and bmsh from the filled area. 4. Mr. Munson asserts that the “primary purpose for the expansion of the fill area was to improve drainage for all parties involved----” Mr. Stephenson was not simply feathering his fill into his neighbors ’ yards. Mr. Stephenson brought the crest of his hill 2234562v3