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JUN 198 <br />BOOK 76 Fe,.JE 984 <br />Mr. DeBlois stated that it is quite obvious that at least 4 <br />trees were located in the required setback requirements that <br />would be used if this property is ever developed. <br />Attorney Robert Clark, representing James Cosgrove, owner of <br />the subject property, pointed out that with respect to the <br />required setback requirements, there is no sewer service <br />available in that area and septic tanks would be installed if <br />that property was developed. He advised that his client feels <br />that if anyone should be fined, it should be the landclearer. <br />Attorney Clark emphasized that this wasn't an intentional <br />violation. The trees were cut and left in plain sight on the <br />corner of Oslo Road, so they weren't trying to sneak something by <br />the County. Their position is that because Mr. Thomas is a <br />licensed and insured contractor, he should be put on notice about <br />any permits that are required in this type of work. <br />Commissioner Scurlock asked what directions the landclearer <br />had been given by the property owner, and Attorney Clark <br />explained that the landclearer was just told to clear the lot, <br />and their position is that if you take on a licensed and insured <br />landclearer, it is his responsibility to tell you what licenses <br />or permits are required. <br />Duncan Thomas of D & L Backhoe Services, speaking from his <br />seat in the audience, stated that h.e did not clear the property <br />totally. A couple of trees were left on the backside next to <br />the property owner there. <br />Attorney Clark noted that in other cases of this kind the <br />fines were reduced when it was determined that both parties <br />seemed to be sincere in being unaware of the restrictions of the <br />landclearing ordinance. Since Mr. Cosgrove has stated he is <br />willing to replant those trees, Attorney Clark felt that perhaps <br />a reasonable fine in this case would be $100 a tree divided <br />equally between the owner of the property and the landclearer. <br />Commissioner Scurlock asked if the landclearer had already <br />been paid, and Attorney Clark advised that the landclearer has <br />38 <br />