08-12-2002 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12, 2002 7. #02 -2793 Revis Stephenson, 1850 Fox Ridge Road—After-the-Fact Variance and • CUP — Resolution No. 4844 Acting Mayor Sansevere stated that, because the application had been before Council several times already, they should only address new or currently relevant points. Gaffron stated that the application had returned with a planting plan. The City Landscape designer felt comfortable with the trees and the plan, and the plantings provided an appropriate mix for the area. The total impact on the wetland was about 300 s.f., much less than initially believed, based on new analysis by Peterson Environmental. Gaffron stated that Weinberger's memo suggested Council could: 1. Approve the application as is, which would involve extensive tree planting and would not require fill be hauled away from the site. Also, existing vegetation would not be destroyed. The result would be somewhat inconsistent with the ordinances that protect the wetland buffer areas, and the finished slope would be steeper than 3:1. 2. Approve an amendment to the CUP and not variances, which would require removal of any fill that has been added within 26' of the wetland. A portion of the hillside would need to be regarded and fill removed from the site. 3. Deny the application and require the finished grades to match the approvals • the original CUP. �' pp granted in Revis Stephenson stated that he was comfortable with the resolution approving the plan as is. He felt the landscape plan was extensive and protected the buffer zone and wetland. Eric Galatz, attorney representing Mr. Chalfen at 350 South Brown Road, presented a 10' tall tree and stated that it represented the size of tree Mr. Stephenson would be planting. He said that his client felt the trees were completely inadequate. Sansevere asked Gaffron if the City was comfortable with the tree size proposed by Stephenson. Gaffron stated that a tree with a 2" diameter was appropriate because a larger tree would require major machinery to get it planted into the slope. Also, smaller trees take root more quickly than larger ones and will thrive sooner after the transplant. 1 %" – 2" diameter trees would be appropriate. Galatz stated that he had brought with him Frank Svoboda, a wetland ecologist, and Kathryn Ryan, a landscape architect. The trees on the plan were shown at 35' apart, which they felt was too far. He stated the plan could not have had serious review and that Weinberger stated in his memo that the slope was still too steep and asked for 2 -3" diameter trees. He claimed that Mr. Stephenson had buried trees and brush under the new fill and they would rot, creating air pockets and uneven settling. • 14