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MINUTES OF THE <br />ORONO PLANNING COMMISSION <br />Tuesday, February 18, 2020 <br />6:00 p.m. <br />Ressler asked for clarification that adding a dock or recreational area would be disrupting that wildlife <br />habitat and that request would require a separate application and further deliberation by the Commission. <br />Oakden confirmed that adding a dock to an open wetland would create an additional review through the <br />City Council's public hearing process. She noted that she also believes that any damage to this wildlife <br />habitat would be a violation of the WCA permit with MCWD as the regulating body in charge of <br />enforcement. <br />Thiesse stated that one thing that may not be covered as a disruption to the neighborhood would be a <br />lighted skating rink. <br />Ressler noted that is a good point, but accessing the rink would again be a disruption of the wetlands. <br />Oakden agreed that any type of use that would damage the wildlife habitat would be a violation of the <br />permit. <br />Thiesse stated that during the winter, he is allowed to walk through any wetland that he would like. <br />Oakden stated that the MCWD regulates the wildlife habitat, so if they hear there are concerns or perceive <br />that there is damage it would be under their purview to regulate and protect it. She explained that this <br />application is asking for that exemption. <br />Ressler stated that he assumes this is something that has been dealt with before in this State and may be <br />something for neighbors to bring up at the February 27, 2020 MCWD Board meeting. He noted that this <br />repurpose of habitat that is supported by the MCWD, currently meets the criteria and asked if the <br />Commission simply follows the lead of the MCWD as the governing authority and allow them do the <br />heavy lifting. <br />Oakden stated that this is correct because the MCWD looks at the wetland and the proposed alterations <br />and conducts a technical evaluation. She stated that they are still working through the evaluation but have <br />indicated their support. <br />Ressler stated that where the City's Code comes in above and beyond that is where there is fill added to <br />create more buildable area. <br />Oakden noted that this application was unique in that it doesn't pertain to changes to the boundary of a <br />wetland which is what the City Code addresses for creating buildable space or changing boundaries. <br />Thiesse asked if the City Engineer would take a look at the berm. <br />Oakden agreed that the City Engineer would look at the berm and noted that they have provided some <br />preliminary comments regarding the grading plan, but will also review the land alteration permit before <br />and grading or berm work can happen. <br />Hans Frees, Outdoor Escapes, 2345 Daniel Street, explained that the property owners were unable to <br />attend tonight's meeting because of President's Day weekend. He explained that the goal of this project <br />is to get it back to its native state and make it friendly for the wildlife. He stated that the property owners <br />Page 9 of 30 <br />