05/16/2005 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING • Monday,May 16,2005 6:00 o'clock p.m. (#05-3098 City of Orono,Zoning Code Amendment,Continued) Mr.Wilson stated the issue really appears to be erosion control and that perhaps an ordinance should be drafted requiring the homeowner to address the erosion. Lane stated he is aware of situations around the lake where builders have come in and stripped the land and that perhaps the ordinance should address those specific types of situations rather than the minor pruning of trees by a property owner. Lane stated perhaps the ordinance should be more specific to address the type of situation that the City is afraid might occur. Jurgens noted the original language of the code addresses limited clearing of shrubs and trees less than six inches in diameter to provide a view to the water from the principal dwelling and to accommodate the placement of permitted stairways and landings. Jurgens stated perhaps the language should be modified to address maintenance of properties. Jurgens noted the code does allow limited pruning. Gaffron stated in the past people were allowed to prune along the shoreline without a permit but that under the amendment they would be required to apply for a permit. Winkey recommended the public comments received tonight be taken into consideration. Lane inquired what would happen if the wind or other forces of nature knock down the trees. Smith stated she was forced to remove 72 trees as a result of one windstorm and commented that the cost to obtain a permit to remove the trees would be costly. Bremer noted the fee would not apply to each tree. Rahn stated he is in agreement with Winkey and that the concerns of the residents should be taken into consideration and that the amendment should be tabled. Whitman inquired what process would be followed in approving this ordinance amendment and whether the public could attend the meeting. Bremer stated the hearing would be open to the public and that the City would also be obtaining the opinion of the City Attorney on the language contained within the amendment. Bremer stated she would like to see some thought go into incorporating language into the amendment to deal with previously approved situations. Kempf suggested the City address what it feels is intensive clearing of a lot. Kempf noted buckthorn does have a tendency to take over an area and that there needs to be a plan to address its removal. Rahn moved,Bremer seconded,to table Application#05-3098, City of Orono, Section 78-1285,Shoreland Management,Zoning Code Amendment. VOTE: Ayes 6,Nays 0. PAGE 6