03-10-2014 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 17 (4. #14-3648 BEN GOODWIN, 565 LEAF STREET AND 550 OXFORD ROAD, VARIANCE, Continued) Bremer asked if the fence on Casco Point Road is over six feet high. Gaffron indicated he does not recall that property. McMillan asked if there was a property on Shadywood that also had a fence in excess of six feet. Gaffron stated in that situation the property owner constructed a 6-foot high fence and he was required to reduce the height of the fence to 42 inches. Ben Goodwin, Applicant, stated the request is unusual in that it is truly a hardship that he and the other two property owners in this area are experiencing. The chapel holds between 50 to 60 weddings every summer beginning in May through September. On the weekends there can be as many as three weddings in a single day and there are activities on the church property from Wednesday through Sunday. Goodwin indicated one of the reasons for the fence is for sound mitigation. When there are weddings, people sit near the pond and their voices carry over the pond on to their properties. Goodwin noted an 8-foot fence would not stop the sound but that they are hopeful it will reduce the noise somewhat. Goodwin stated they would like to enjoy their yard during the week. Goodwin stated the second reason for the fence is for a visual barrier. Goodwin pointed out the bridge on the church property where wedding pictures are frequently taken. Goodwin stated when they are in their back yards, they are within a clear sight line of the wedding party on a regular basis. By allowing the 8- foot fence that would enable them to enjoy their back yard to some extent without having people looking down into their back yard. Goodwin stated on a slightly different note, Mr. McCarthy is seeking a fence in general to prevent people from walking through his yard to the church property that have parked on Oxford Road. Levang stated she would dispute the figures of the number of weddings that the applicant has given and that she would like to speak with the owner of the church property on that item before she makes a decision on what could be inflated numbers. Levang noted when the applicant purchased the property, he was aware there was a church next door and that the majority of the churches in Orono are all located in residential areas. Levang noted that typically what happens at this church are weddings but that they could also be conducting funerals, baptisms, confirmations, religious education and bible study under their conditional use permit. Levang stated the fact of the matter is that the applicant’s house is up above and looks down into the chapel. Levang stated she would dispute the fact that people on the church property are looking up into the applicant’s property and that she is not sure if there is any way to block completely the view from the church property. Goodwin stated the fence is an attempt to partially solve the problem until the trees that have been planted along the property line are more mature. Goodwin indicated the fence is a temporary improvement.