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Efforts were made to comply with the City's Code. Christian Brothers <br />Construction spoke with Roger Peitso, back in October 2019 and again on October 6, <br />2020. On each occasion Mr. Peitso confirmed that a permit was not required from the <br />City of Orono for this project. <br />THE DRAIN TILE UNDER THE DRIVEWAY DOES NOT CAUSE FLOODING9 NOR <br />EROSION <br />The City Code expressly prohibits "water runoff' that causes "flooding or erosion <br />on adjacent properties." Chapter 78, Code § 78-1579. Moving the gutter downspout from <br />on top of the driveway to under the driveway has not resulted in water runoff that causes <br />flooding or erosion. Pictures and testimony will prove this fact. The neighbor's property <br />has never experienced flooding or erosion due to any water runoff from 1215 Arbor <br />Street. <br />Even before the water reaches the neighbor's property, the 1215 Arbor Street yard <br />has not experienced any flooding or erosion, which is shown in the picture accompanying <br />the notice of violation. Based upon experience with the gutter, the water runoff may not <br />even reach the neighbor's property. If the water does reach the neighbor's property, the <br />runoff is no different than they have experienced for decades. Whether the water from the <br />gutter runs on top or underneath the driveway, it all is displaced downhill with no <br />flooding or erosion. <br />If the work was accomplished on October 10, 2019, then why did the adjacent <br />property owners wait 9 or 10 months to file a complaint? The neighbors did not even <br />know that the gutter water ran underneath the driveway until they were physically on the <br />Paulson's property, in July or August of this year, in response to the Paulson's request to <br />review their tree branches that they proposed to trim. It was at that time that the <br />neighbors became concerned with the runoff. <br />CONCLUSION <br />For these reasons, we respectfully request the Board of Appeals & Adjustments to <br />hold a hearing, which would allow the Paulson"s to present witness testimony and <br />documentary evidence to establish that water runoff has not caused flooding or erosion <br />on adjacent properties. Please provide a copy of the Board's Rules applicable to your <br />proceedings and hearings. <br />Sincerely, <br />Greg S. Paulson <br />2 <br />