06-17-2002 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 17,2002 6:30 o'clock p.m. (#02-2793 REVIS STEPHENSON III,Continued) conclusion,Mr. Stephenson argued that more damage would be incurred by the wetland if the City required him to change the new buffer zone that had been created. The new buffer zone has cleaned out much of the buckthorn and other undesirables and been replaced with native grasses and trees. Mr. Stephenson added that the seeding he had done was necessary in order to avoid erosion problems during April and May rain showers. Smith asked Mr. Stephenson to help her understand how all of these errors evolved. She questioned whether he was there giving the crew direction or if someone else was the general contractor. Mr. Stephenson replied that at the outset,there had not been the wetland delineation that came later,nor did he feel the crew listened to his direction. He maintained that they had a copy of the plan in their possession but just did not listen to his requests for silt fence installation and fill limits. Smith stated that the project was under his direction and he should have managed it as such. Bellows pointed out that in any construction project, if the silt fencing is not up,they don't dump. She maintained that the City was very clear from the start that they were not pleased. She stated that it was obvious to her that the applicant thought he would get away with it, and even went so far as to plant trees. More than simply erosion control was done. She felt the applicant was not being totally upfront with the Commission,the area was once a densely treed spot, and now the applicant had created a grade almost as steep as before with no trees on the slope. Dave Peltin, 1950 Fox Ridge Road, a current eleven year resident and childhood resident,believed the project to be a vast improvement. Mr. Peltin stated that the drop off created a scary scenario, even as a child himself there years ago. He disagreed that the removal of the old vegetation created a more dangerous situation, stating that previously the only thing to catch one from falling off the cliff were stumps. He felt the newly created buffer was 100 times more valuable than what was there before. Eric Galatz, of Leonard, Street, and Deinard, was in attendance representing Richard Chalfen of 350 Brown Road South. In addition to information provided to staff and the comments by Commissioner Bellows,Mr. Galatz asked to add a few remarks.He reminded the Commission that since no hardship previously existed,Mr. Stephenson had only created a hardship for himself at this time. On Jan. 4, 2002 Mr. Stephenson was notified by MCWD to install double silt fencing. On February 22, 2002 the City of Orono asked Mr. Stephenson to stop work on the project until conditions improved, furthermore,Mr. Stephenson was responsible for obtaining a wetland delineation prior to commencing his work as required by the original permit. Through their unauthorized grading and filling project,Mr. Galatz pointed out that the Stephenson's have added nearly 40 feet to their back lawn area, as well as,built a new deck and driveway. Mr. Galatz maintained that these facts disclose the Stephensons' failure to follow terms and conditions of existing permits and prior stop work orders. Mr. Galatz continued,that his client Mr. Chalfen, greatly appreciated his natural setting and privacy, which have now been significantly impacted. He stated that the City had granted variances that would have preserved that natural setting there originally, only now that has been compromised. Mr. Galatz PAGE 12 OF 29