01/17/2012 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2012 6:30 o'clock p.m. permitted use. When applied to the subject application,this interpretation suggests that CiTy's responsibility is to judge the potential impacts of the proposed fill but not give consideration to why the fill is being introduced. In other words,whether the fill is necessary or not should be of no concern to the City as the landowner should be free to determine the need. The City's only responsibility is to fully review the potential impacts of the desired fill and only approve the changes if no impacts are identified. Staff also finds that the proposed grading change will not have any impact on surrounding lands. Resulting drainage will remain on this property and flow into the large wetland to the north. The resulting grade will allow for maximum structure heights on the property that are substantially similar to existing conditions, so Staff does not anticipate any impacts to light or air on adjacent lands that couldn't already be anticipated given the existing grades. Furthermore,with regards to the subject property, Staff finds the proposed new grade provides for an adequate building pad elevated above the wetland to protect it from potential flooding. The proposed grade changes will tie into existing grades on adjacent property, and the on-site grade changes,while raising elevations, are not substantial enough to result in a building pad which is out-of- pace amongst its surroundings. The most identifiable change to the area's character will be the removal of trees to accommodate the significant grading being proposed,but such tree removal is not prohibited and could be done absent this permit application.Finally,the proposed grading is being done to create a site better able to accommodate home,which is the guided land use for this and the surrounding properties, so the future use will be in line with the character of the area. The building pad being created by the proposed grading project will accommodate a home at an elevation that is compatible with adjacent lands. As any future home built on this lot would need to be conforming to size and height requirements, Staff finds no reason to believe that the proposed grading will result in structures incompatible with the character of nearby lands. On the contrary,the proposed grading will accommodate a home substantially similar to those in the surrounding vicinity. The use on the subject property will not be changing as a result of the proposed fill, so there should be no change in the use and enjoyment of adjacent properties. As tree removal is permitted should the land owner wish to do so,their removal as a component of the fill project is a generally permitted impact and not something unique to the proposed project. The applicant is not proposing to conduct any activities atop the fill except for the use of the re-graded area as a potential home site. Residential structures are not required to be screened by code. Staff has not identified any nuisances that will be created by the proposed fill. Engineering has reviewed the plans to ensure conformity with City standards and has worked with the applicant to establish a wetland buffer to address disturbed areas near the wetland and to provide the wetland with better long- term protection from stormwater runoff. With any fill project, concern must be given to the timing of material transport and movement of dirt. Road restrictions must be adhered to,and the City may wish to give consideration to requiring an escrow to guard against damage to Turnham Road resulting from the truck traffic necessary to transport the proposed fill. As a condition of approval,the applicant should be required to work with the City Engineer to establish acceptable hours of operation and to document the route being used by trucks to bring fill to the site. The City Engineer should perform an inspection of the roadways prior to and following completion of the work to determine whether unnecessary impacts have occurred. Page 12