01-21-2020 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 21 of 46 Gettman moved to amend the motion to approve with condition changes to the Staff recommendations. The first one would be item number 2, that the dock shall be removed for the winter season and not be placed anywhere on the Easement; item number 4, that the permitted use is not exclusively for the applicant but also for City use as the Public Works Director deems appropriate. And add a number 7, that it in no way impact the utility and public Easement usage that's on the current public Easement. Gettman requested item number 7 also include a change of the allowed dock width to 4 feet from 6 feet. Ressler asked if there was a second. Curtis stated the second had to come from Erickson. Erickson stated he would not and planned to deny the application. The Commission and staff discussed who made and seconded the motion on the floor. Curtis indicated the Commission would have to vote on the first motion since the motion to amend was not accepted. Ressler stated there is a motion to deny the application and it has been seconded and the Commission has to vote on it. Erickson said he would like to comment before the vote. He recognized Adams wrote a very good letter and spoke to the Commission earlier. He was impressed by his letter pointing out that the right-of-way is the point of entry for power lines that serve the entire island and that it is also used for construction vehicles, used by barges and emergency vehicles and access for watercraft, which, even without a dock, other residents could use it for canoes or pontoon boats or paddle boards, etc. A number of residents have spoken in favor of leaving the access the way it is. Two reasons that impressed him most are the power lines both overhead and underwater, and also the construction barges which are not going to come in the winter, they can only be there in the summer, which is when a dock would be there. That would cut off all the construction activity in the area. He thinks the public has a strong interest and the Commission should leave it the way it is. If some other solution can be found, then the Commission can vote on that, but it is not philosophically honest for the Commission to vote in favor of something the Commission knows isn't wanted, can't work, and causes problems. Ressler noted there is a motion and a second on the table to deny the application. McCutcheon stated he felt the Commission could deny on the grounds of safety. He was looking at it that Ms. Fieger needs access to the island. He can't predict the future, but if the Commission denies for safety reasons, it doesn't mean she won't get access to her property. There's got to be another way.