03/26/1991 Minutes - Laserfiche WebLink

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times, who in turn spoke with Dr. Hauser, who did the wetlands study for Shore West. Mre Licvar has now decided to review this site himself and will be on the property on April lOth.. The City Engineer has been informed of this so he could confirm it if necessary. Mr. Nicola maintains that Dr. Hauser had conducted his study as early as October 15th, even though the initial discussion of the wetlands was held late in October. Mr. Bollinger had refuted this previously, an the basis that the letter from the Army Corp. of Engineers was received after the October 23rd meeting. Mr. Nicola pointed out that Dr. Hauser's report stated that he was in the field on October 15th, and that Mr. Bollinger knew this and lied to the Commissionm He believes that this proposal should be tabled on the basis of these items. He also stated that John Mottl of the State Highway Planning Commission advised that, if the Highway Department took property for the ramp, the development could be over the allowed 16 units per acre. He advised that Mr. Licvar, Dr. Hauser, and Mr. Thomas of the County Engineers Office will be on the site on April lOth and that he, Mro Bollinger, the City Engineer, are invited to walk through with them. He further offered to give the Commission the new manual for the delineating wetlands which is being prepared by Mr. Licvar. In reference to the density issue, Building Commissioner Conway advised that the density is at maximtun, but he can only look at what is there now. Mr. Deichmarm stated that is was not lmown how much land the ramp would take. It was clarified that Mr. Bollinger had advised that if the ramp was built there would be no phase 2. Mr. Nichola also explained partially how Dr. Hauser's study was done. It was pointed out that the B.Z.D. Committee would also be on April 10th. Mr. Deichmann stated that a Mr. Sisselman, from the Corp., had confirmed that Mr. Licvar was coming, but did not know the date. In response to Mr. Thomas's question pertaining to the wetlands, Assistant Law Director Dubelko advised that the wetlands issue was not under the Plann;ng Conun.ission's jurisdiction, it is between the Federal Government and the owner of the property; the Planning Commission merely reviews for conformance to the Zoning Code, and he would be concerned if the project would be held up for this study. Mr. Nicola believed that the Commission would have the right to hold up the project on the basis that the representative lied to them. He maintained that Commission allowed him the right to a second opinion and he will be getting it. Mr. Dubelko stated that this is the first time that the Commission has had to deal with the wetlands issue, and concluded that the City has proceeded with that issue as far as it can legallye Mr. Thoma.s explained that the developer still had to go through two more meetings, a committee of Council April lOth, and Council, the following Tuesday. Mr. Nicola continued to insist that the study must be presented to the Commission. He was advised that the Conunission cannot enforce Federal Law, that the Council will make the final determination, the Commission merely establishes the facts; and is chartered to see that the Zoning Code is followed. In response to Mr. Nichola's statements Mr. Bollinger responded: they are under density by about 32 units, the property to the west is part of the recorded deed to this site making it available for density count, they cannot predict if the ramp will ever be constructed; pertaining to his "lying", he does not recall hiring someone to do a study that was not required, there is an October 15th date on the study, but does not lmow where the error would be. Mr. Troibner, a resident across Clague Road who was promised some screening on his property, advised tha,t a landscape architect had presented a plan to him which was elaborate, but he would prefer more evergreens to the trees suggested, but if something similar was presented he would have no objections. There was no drawing available. Mr. Bollinger explained the he promised to do something for Mr. Troibner, but he believed 3