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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 18, 2004 6:00 o'clock p.m. (#04-3042 Pillar Homes, Continued) Leslie stated in Exhibit C there appears to be a six-foot or seven-foot gap between the pool deck and the property line that allows for a swale to be constructed. Leslie stated with the block retaining wall, it impacts the amount of room available for the drainage swale. Leslie inquired whether that is the reason for the claim of water runoff into the neighbor's prope1iy cun-ently. Tupper concurred there is less space for the swale, but that the swale has been maintained at the point required by the City and still functions exactly as it should. Leslie inquired whether the landscape architect would contest the claim that there is incremental runoff as a result of the construction. Tupper stated he would. Shermack pointed out that water seeks the lowest point, which would be the swale with the drain tile, and can be verified by the engineer. Shennack stated it was his understanding they complied with everything they were requested to do based on what they were told by the City Engineer and Staff. Tupper stated they did ask Lyle Oman to visit the site prior to the sod being laid to have the swales inspected. Tupper indicated he was informed by Oman that he had personally inspected the swales and had approved them. Rahn inquired how a building inspector is capable of detennining whether a swale is constructed properly. Rahn suggested the City consider requiring before and after surveys to avoid these types of problems. Tupper stated he personally spoke on a number of occasions with Bruce Vang and Lyle Oman about these swales as well as the City Engineer, with the concept for this type of swale with the drain tile and rock being an-ived at between the four of them. Tupper indicated Staff info1med him prior to construction of the swale that this would be approved. Rahn inquired whether the contractor is agreeable to make any changes recommended by the City Engineer. Tupper stated they are. Tom Kellogg, City Engineer, noted he was on site one time only with Bruce Vang a day or two before the Parade of Homes commenced. Kellogg stated one of the problems with the plan is that there is nothing that identifies the drain tile, so without that information, his assumption was that it was a walking path. Kellogg stated the plan that was submitted for approval clearly shows another defined swale and some grading to divert the water. Kellogg indicated the as-built grading plan does not agree with the building permit grading plan, particularly along the north lot line. Kellogg stated the PAGE 11