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, <br /> MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday, June 16, 2003 <br /> 6:00 o'clock p.m. <br /> (#3 #03-2904 RICHARD S. BROWN, Continued) <br /> Gaffron indicated that staff would make the following recommendations: <br /> 1. The after-the-fact hardcover variance should be denied, and the applicant should be <br /> directed to provide a plan showing how hardcover will be reduced to meet the 35% <br /> limitation, including removal of fabric or plastic from all decorative rock beds. <br /> 2. The wetland delineation should be completed immediately to determine the degree of <br /> encroachment of wetland or required wetland setbacks by retaining walls, fill or paved <br /> surfaces. All such encroachments should then be removed. <br /> 3. Retaining walls should be removed wherever they extend outside the property <br /> boundaries, and any walls within 5' of the lot lines should be reviewed to determine <br /> whether they are needed to support steep slopes or whether they are purely aesthetic in <br /> nature, and those not necessary to support the topography of the site should be removed. <br /> Gaffron suggested that a motion to table the application and direct applicant to take actions to <br /> bring the property into compliance per the staff recommendation would be in order. <br /> There were no public comments. <br /> Chair Smith stated that she had no problem accepting the staff recommendation and asked for the <br /> applicant's statement. <br /> Mr. Brown indicated that, to say the least, the issues with the hardcover had frustrated him. He <br /> stated that the staff report was incorrect implying that he had contacted the City just days before <br /> closing, in fact, he had initially contacted the City four weeks before closing on the home. At <br /> that time, Brown indicated that he was told by staff that everything seemed to be in order, other <br /> than final inspections for electric and plumbing. He explained that it was not until 4:00 P.M. the <br /> day before closing that he found out about the retaining wall issues. He was told,by staff, at that <br /> time that he would have to agree to be held responsible for the retaining walls, so he hired an <br /> attorney to consult with the City Attorney to draft a document. Brown continued, noting that it <br /> was not until the closing itself that he found out about the hardcover issues, which at the time, he <br /> was unaware what hardcover meant or to what extent the problem existed. <br /> Brown stated that, since closing on the home, it has been a nightmare, and had he realized how <br /> many issues were tied to it, he never would have bought the home. He asked what he could do, <br /> that would be reasonable, such as remove part of the driveway and retaining walls, to work with <br /> the City to resolve the issues. He argued that he had relied on the building inspector, who had led <br /> him to believe, in his opinion that everything seemed to be in order, only to find out that this was <br /> inaccurate. <br /> Page 3 of 22 <br />