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• • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 19, 2009 6:30 o'clock p.m. 6. #09-3431 WAGENER PROPERTIES,LLC,31 5 NORTH SHORE DRIVE, CONDITIONAL USE PERMIT,8:09 P.M.—8:58 P.M. Peter Johnson,Attorney-at-Law, appeared on behalf of Wa;.ener Properties, LLC. Curtis stated the applicant is requesting a conditional use p:1 it to conduct land alterations in excess of 500 cubic yards in order to restore the property to its previo s,pre-development grades. In 2006, the previous owners had received a building permi and associated land alteration permit in order to redevelop the property and construct a new residence. A er the City issued the building permit the previous owners abandoned the project. Wagener Properti:., LLC, is the new owner of the subject property and has requested a conditional use permit in orde to restore the grade of the property. A new residence is not proposed at this time and the property owner proposes to remove the existing blacktop driveway. Planning Staff recommends approval of the conditional use I.ermit in accordance with the City of Orono regulations and the City Engineer's recommendations. Peter Johnson stated fill has been imported on this lot to co ect grades in the past and that the middle part of the property was scraped down in preparation for a foun a ation,which was later abandoned. The grading problems have actually gotten worse over the years They would like to regrade the property with imported fill to restore the grade and top soil. Johnson stated the previous applicant paid fees of$10,000, ith no project being completed, and that they would ask that their fees be waived in recognition of the fa that those fees have been paid by the previous applicant. Curtis requested that item be discussed with the City Counc 1. Chair Kang opened the public hearing at 8:12 p.m. Mike Russin, 3175 North Shore Drive, stated the neighbors I ave eight or nine issues with the project. The proposal shows that 225 truck loads of fill will be requi ed. The neighbors have a concern that that amount of fill and traffic on their common driveway(from orth Shore Drive)will damage the roadway. The driveway is private and is the only access to their home.. The amount of truck traffic will also impact the value of their properties. Secondly,the City Engineer has expressed concern regardi . drainage following the fill and no documentation has been submitted on how the issue with th• slope will be addressed. There will be significant water issues given the substantial amount of fill II at is involved,which could create additional water issues for the neighbors. There is also no mention of he length of time the project will take and no mention of how the driveway will be kept clean. Finally,th-re is no remedy for any ancillary damage that may occur due to the size and scope of the project. The neighbors are requesting that an agreement be drafted a ongst all parties that utilize the common driveway addressing these issues prior to any work being co' enced on the property. Russin noted that Wagener Properties does have another access off of Bohns oint Road,which may be a better solution. Page 11