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 — Continued Galatz also stated that Mr. Stephenson had called him 2 weeks ago and he gave him written requests on behalf of Mr. Chalfen that have not been met. Galatz stated he was offended by Stephenson's lack of regard for the directives of the City. Sansevere asked where Mr. Chalfen has been and why Stephenson and Chalfen did not speak directly. Galatz stated that he directed Stephenson to go through him, and that Chalfen had spoken to Stephenson back in January. Murphy stated that in Galatz's letter of August 2, 2002, under item 4, he requested the planting of sugar maples, that fill soil composition be analyzed and amended as necessary, 4" of topsoil be placed over the current grade, and a letter of credit or other security is provided to insure the landscaping is finished in a timely fashion. Murphy stated he agreed with the above listed terms, though he did not agree with Galatz's suggestion that Stephenson be required to cut back the slope. He suggesting approving the application as is with the above noted requirements added. Murphy moved, and White seconded, to adopt a resolution granting an after - the -fact • conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit land alteration and fill of beyond the 3,280 s.f. of material that was approved in 2001 and an after -the -fact variance to permit land alteration within 26' of the wetland with the requirements of: the planting of sugar maples, that fill soil composition be analyzed and amended as necessary, 4" of topsoil over the current grade, and a letter of credit or other security to insure the landscaping is finished in a timely fashion. 0 Nygard stated that he disagreed with requiring residents to put up 150% of the project cost as security. Gaffron stated it is common practice with developers, but not with residents. Stephenson stated that the City was holding a cashier's check for $5000 as security against road damage that has no expiration date. He volunteered that check as security against the landscaping. Galatz stated that his tree experts claim trees need 5 years to take, and Stephenson should provide security for 5 years against death of the trees he plants. Stephenson stated that Chalfen seems to believe he has a claim to the trees on Stephenson's property, which he does not. He has offered to do extra plantings on the property side nearest Chalfen. He stated the trees could not be planted too densely as it would inhibit mature growth. 15