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• Exhibit D MINUTES OF E ORONO PLANNING COMM SSION MEETING Monday,October 9,2009 6:30 o'clock p m. 6. #09-3431 WAGENER PROPERTIES,LLC,3115 NORTH SHORE DRIVE, CONDITIONAL USE PERMIT,8:09 P.M.—8:58 P.M. Peter Johnson,Attorney-at-Law, appeared on behalf of Wagener Properties, LLC. Curtis stated the applicant is requesting a conditional use permit to conduct land alterations in excess of 500 cubic yards in order to restore the property to its previous, pre-development grades. In 2006,the previous owners had received a building permit and associated land alteration permit in order to redevelop the property and construct a new residence. After the City issued the building permit the previous owners abandoned the project. Wagener Properties,LLC, is the new owner of the subject property and has requested a conditional use permit in order 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 permit 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 correct grades in the past and that the middle part of the property was scraped down in preparation for a foundation,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,with no project being completed,and that they would ask that their fees be waived in recognition of the fa t that those fees have been paid by the previous applicant. Curtis requested that item be discussed with the City Coun il. Chair Kang opened the public hearing at 8:12 p.m. Mike Russin,3175 North Shore Drive, stated the neighbors have eight or nine issues with the project. The proposal shows that 225 truck loads of fill will be requ_red. The neighbors have a concern that that amount of fill and traffic on their common driveway(from North Shore Drive)will damage the roadway. The driveway is private and is the only access to their homes. The amount of truck traffic will also impact the value of their properties. Secondly,the City Engineer has expressed concern regarding drainage following the fill and no documentation has been submitted on how the issue with the slope will be addressed. There will be significant water issues given the substantial amount of fill that is involved,which could create additional water issues for the neighbors. There is also no mention of the length of time the project will take and no mention of how the driveway will be kept clean. Finally,there is no remedy for any ancillary damage that may occur due to the size and scope of the project.