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OLD BUSINESS MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2002 6:30 o'clock p.m. (#4) #02-2834 ROBERT AND JULIE WIENS, 1425 BAY RIDGE ROAD, CONDITIONAL USE PERMIT 6:35 -6:55 P.M. Robert Wiens, Applicant, was present. Gaffron reported that after being tabled at the October 21, 2002 Planning Commission meeting, the applicant made changes to the proposal and met with the City Engineer and Public Works Director. The new plan indicates a berm to be constructed on the property that will have the following characteristics: • Grade changes are 5' or more from the lot lines • a 3:1 slope • the toe of the slope would be at the sewer force main • will range in height from 4' to 8' and in width from 20' to 50' G affron explained that the property owner had requested a conditional use permit to permit land alteration on the property over 500 cubic yards. The revised plan is estimated to require 1500-2000 yards, which would mean approximately 160 + truckloads would be delivered to the site. As Bay Ridge Road is a private road and the number of trucks hauling is a concern, the applicant has agreed that the trucks would drive to the site, drop their fill, and back-up or pull out onto North Shore Drive to Brown Road. The trucks would not be using Bay Ridge Road. Although a number of neighbors had expressed their concern about the berm at the October meeting, Gaffron indicated that it should be noted that; the only neighboring property whose lake views are protected is the residence to the south, which would not be impacted; in the 2 and 5 acre zones, it would not be a violation to leave the berm unmowed if the applicant so chose, unless it generated complaints; the applicant intends to maintain the buffer of trees along the north boundary of the site; and the neighborhood drainage pattern would not be negatively impacted by the berm. Gaffron noted that staff recommends approval subject to five conditions identified in the staff report, which include the need for a land alteration permit, an erosion control permit from the MCWD, installation of silt fencing, providing a route map to the City, and re- establishing vegetation immediately upon completion of the finished grade. Chair Smith asked when immediately was referring to. Gaffron pointed out that, most likely, the revegetation would occur in the spring, however, erosion control methods could be put into place now. PAGE 2 of29