09-22-2014 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 22, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 18 (7. #14-3682 JAMES AND MARGARET KELLY, 1855 CONCORDIA STREET – AFTER-THE- FACT CONDITIONAL USE PERMIT – RESOLUTION NO. 6449, Continued) Printup stated the shoreline should be somewhat consistent. Levang stated the plants should do what is necessary, which is to provide filtration. Printup asked why the work continued after the stop work order was issued and whether there was some confusion on that issue. Curtis stated the applicant could explain the situation. Mr. Kelly stated their landscaper and bobcat operator did not follow the City’s directions. Kelly indicated he would like to have grass in that area for his kids. The majority of the neighbors have removed the trees near the shoreline and that they have basically removed three trees. Kelly stated they were out of town over the weekend and they came back and found a stop work order. Kelly stated the contractor was immediately fired and that the project is ending up costing significantly more money than what was anticipated. McMillan stated overall the resolution is fine but that she would like to include some language requiring the area be monitored periodically to ensure that erosion is not occurring and that more trees have not died. Levang stated she would concur with that given the fact that a number of tree roots have been exposed on this property and the neighboring property. Mattick stated the City Council is within their bounds to do that and that it could be a condition of approval that Staff is directed to determine if the erosion control plan has been implemented. Mattick noted the City does have the right to monitor CUPs after they are issued and that in his view it is reasonable to ask for periodic inspections. McMillan stated she also wanted to give the neighbor some assurance that the situation is being monitored. McMillan stated she is thinking about an inspection occurring in 2015 and 2016. Curtis asked if the Council is concerned about the trees on the site currently and knowing whether any trees have died between now and the inspection. McMillan stated she would be concerned with trees that are located within the 0-75-foot zone. Curtis noted the 0-75 foot zone basically goes up to the deck on the house. Levang asked if the City can also monitor the neighbor’s property. Mattick stated the conditional use permit only affects this property. Mattick stated if the maple tree is removed or dies, that would be between the two neighbors. Mrs. Kelly asked what maple tree they are talking about on the north side.