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Mayor Barbara Peterson <br />Orono City Council <br />Page? <br />July IS, 2002 <br />property owners as efTectively authorizing amendment to the Stephensons ’ CUP because (1) the <br />neighboring property owners do not have the right to waive the Stephensons ’ violations of the <br />original CUP on behalf of the other citizens of the City of Orono or the City of Orono itself and <br />(2) the Stephensons may not have included their neighbors ’ properties in the 350 foot mailing list <br />and did not include that property in the certificate of survey submitted with the applications. <br />For all the reasons stated above, oil the conditions of the existing CUP must be enforced to <br />protect the environment and the interests of the City and citizens of Orono. Mr. Chalfen <br />therefore urges the City Council to (a) adopt the Planning Commission recommendations and <br />reject Mr. Stephenson ’s applications and (b) adopt the staff recommendations, with the following <br />clarifications: (1) any damage caused by the Stephensons ’ work to the wetland itself must be <br />mitigated; (2) all slopes must not exceed 3 to one cr any shallower slope required by the original <br />CUP, even if that means the Stephensons need to reduce their unlawfully expanded backyard; (3) <br />all fill must be removed from the adjacent properties and the side yard setback areas, regardless <br />of adjacent property owner consent; and (4) landscaping of the re-graded areas must comply <br />with the original CUP. <br />Very truly yours, <br />LEONARD, STREET AND DEINARD <br />Enclosures <br />cc: Richard Chalfen <br />Ronald Moorse, City Administrator <br />Paul Weinberger, City Plaimer <br />22MS620