10/19/2015 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 19,2015 6:30 o'clock p.m. Russin stated in one of the court hearings, the judge wrote in her order that this individual would probably put a cannon on the dock and fire it because the City did not specifically say he could not. Russin stated in his view, whenever they ask for a relief valve, the neighbor will do something else to circumvent the City's regulations, which is why he is asking for more detail to be included in the ordinance. Russin displayed a picture of the Wagner property. Russin indicated originally there were five of these lights and each one of them has three bulbs. Russin stated they also light up the inside of his house all night long. Another five lights have since been put in, for a total of 30 bulbs now. Russin stated he is in favor of beautifying property but that he is not sure why these lights have to stay on until 1:30 at night. Russin stated if they were for safety, they would stay on all night long. Russin stated he does not care that these are commercial lights on the property but that they cannot stay on until 1 or 2 in the morning. Russin stated the only time they vary is because of daytime savings. Russin stated their entire house is lit up on both sides. Russin noted the lights are 53 feet from the lake and that in his view it is a safety hazard because someone might mistake them for landing lights since there are so many of them. Russin stated the neighbor initially started with a flashlight over his head as he walked through the easement path and that he called it in numerous times but the police questioned how he would know it was his neighbor. Russin indicated he finally put an animal camera on the easement, which stopped the neighbor from doing that. The neighbor then put a construction light near the garage and focused the light on his wife while she lay in bed. Russin stated he again called the police several times but nothing was done. As a result, they secured a mirror in the tree and shined the light back in his house, which stopped that. After that the neighbor installed the lights down by the lake. Russin stated this situation has been going on for ten years and that the ordinance also needs to consider the time of day the lights are on. Russin stated unnatural light can be harmful. Russin stated they are not concerned with someone lighting their property with motion detectors for safety, but that he has 14 lights shining on his property and into his house. Russin indicated he has tried to resolve this many, many times with the City but has basically been ignored. Russin stated it is impossible to draft language to address all scenarios in planning ordinances but that a relief valve solution will enable the City to address each situation with an objective thought process. In that way citizens would be encouraged to work out their issues before mediation is put into effect, which will lessen the ultimate burden placed upon the City. Russin stated that way all residents will be served rather than the privileged, motivated and/or wealthy families who are able to actively seek gray zones. Russin stated the situation is very, very unfortunate. Acting Chair Landgraver closed the public hearing at 9:16 p.m. Landgraver asked if Staff should bundle these or separate the ordinances. It was the consensus of the Planning Commission to separate the ordinances. Landgraver suggested the Planning Commission discuss the living wall component first. Schoenzeit stated the living wall definitions are fair and usable but that his concern would be once it becomes an ordinance and a nuisance definition is available, once someone brings the nuisance to the City, mitigation is not part of the ordinance. Schoenzeit asked what the venue or avenue is to discuss the Page 23 of 29