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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 19, 2002 6:30 o'clock p.m. (#02-2819 TIM DEVRIES, Continued) Mabusth interjected that the applicant really had no option of placing the structure on Lot 5 because then he would have to legally combine the lots to get the credit for the principal structure, and he would not want to do that. Rahn stated that, in reality, he does have the option to do that but he chooses not to. Rahn asked if the applicant was encroaching the buffer or not. Gaffron maintained that he is not encroaching the City's 26' wetland buffer based on the changes he is going to make to the plan, therefore, there is no variance or hardship needed for-this. Mabusth asked if the City needed a mitigation area for the work. Gaffron reiterated that the City did not require it, but the Watershed does and what they've indicated they require is that the applicant merely protecting part of the area from any further change. Preserving the mound area virtually forever. Rahn asked for clarification if all that was before the Commission is moving dirt and fill for grading. Gaffron stated that because it is over 500 cubic yards being moved they needed to review it. With regard to the CUP, Smith asked for clarification that soil from one area of the owner's property is being moved to another area. Mr. Robin stated that if 300 cubic yards is 1 foot deep, three times that amount is being moved, half will stay and half will move up to the northern property, with 120 cubic yards of the soft bored soil likely removed entirely. Gaffron noted that approximately 10-12 trucks will be leaving the site. Smith asked, with regard to lighting, if the Commission could make a recommendation. Gaffron stated that it would be borderline to attach any lighting recommendation to a grading permit. Rahn stated that they will be required to meet the existing zoning codes and lighting is already in the ordinance. PAGE 25 of28