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development. The burden of maintaining the pond would be placed upon the commercial lot, but <br />it will benefit both the residential and commercial parcels. He advised that sometime in the <br />future the commercial lot may be sold and they do not want to lock in a specific access point and <br />would like to reserve the right to be able to relocate the access point in the future. Mrs. Hoff- <br />Smith questioned what would happen if the commercial site was sold. Mr. Zwick advised that <br />the covenants would run with the land. Mr. Bohlmann strongly recommended that the Law Department seek something in writing that <br />clearly states that the city would never be responsible for maintaining the pond. He expressed <br />concern that the pond as well as the new homes would be draining into the city stortn sewer <br />system which already had problems and questioned if in fact the pond could handle the runoff. <br />Mr. Zwick advised that the pipe which the pond would drain into is a 36 diameter pipe located at <br />Salzburg Circle and then flows to the north crossing under Gessner Road into a 48 inch pipe <br />heading farther north and not tied into the Columbia Road system. The pond is significantly <br />larger than required by code and would be more that capable of handling the commercial and <br />residential lots. Mr. Yager commended the applicants stating it was the best proposed buffering <br />between commercial and residential land he had seen to date. The aerated pond would alleviate <br />existing water problems in the immediate area and provide an esthetically pleasing greenspace. <br />Mr. Bohlmann questioned the state of the drain to the east which would also be utilized. Mr. <br />Zwick was not familiar with the system to the east. Mr. Bohlmann asked that the applicant <br />research the system to the east as well. Mr. Zwick assured the Commission that the proposed <br />detention system was more than capable of handling not only the new development but any <br />future development in the area as well. Mr. Yager asked if the pond could be reshaped more to <br />the west to allow as much of the natural vegetation as possible to be saved. By reshaping the <br />pond to the west the natural vegetation would continue to hide the outdoor storage and the <br />proposed landscaping around the pond would enhance the area as well. Although he liked the <br />use of a split rail fence he questioned if the architect could come up with a solution which would <br />be both aesthetically pleasing and functional. More discussion was had on possible fence <br />designs. Mr. Rymarczyk advised that he would provide the applicants with a list of acceptable <br />fences which could be used as a split rail fence would not be allowed by code. <br />Mr. O'Malley advised that the City was not in possession of any documentation clarifying who is <br />responsible for maintaining the pond, as there is no homeowners association, but he is sure the <br />applicants' attorney could provide the proper documentation. Mr. Spalding asked if there would <br />be any type of underground lighting in the area. Mr. Zwick indicated that all utilities would be <br />underground and there would be a post light at the end of each drive. Mr. Bohlmann asked if <br />there would be any CEI light poles for the development. Mr. Zwick believed that CEI may put <br />in a single street light in the cul-de-sac. <br />Resident Comments: <br />Mr. Polito was concerned that there is already water problems in the area and the additional <br />homes would increase those problems. He would like more information on the proposed pond <br />and said that it is suggested that an unknown commercial owner would be responsible for <br />maintaining the pond and surrounding area, but was concerned with maintenance over time. He <br />would like to be assured that the greenspace and pond would be maintained and would not add to <br />the existing water problems. Mr. Bohlmann commented that if the pond and aeration system is <br />properly installed it would do nothing but help the surrounding residents and not add to the <br />problems as the applicants detention system could only help. The City should have something in <br />writing which is very clear as to the pond and area being maintained. <br />Ms. Scebbi, the home builder, wanted to assure the abutting residents that by building the homes, <br />the water issues in the area would decrease significantly. The detention basin is being placed on <br />4