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\ <br />MINUTES OF THE REGULAR ORONO CITY COUNCIL <br />MEETING HEL l > ON DECEMBER 12,1994 <br />(#8 - Item #1980 - A&T De\ eIopment - Continued) <br />Callahan gave the Applicant the option to have his application reheard in front of the full <br />Planning Commission or to waive his right. It was clarified that the expense of improving <br />the road would be that of the developer. The road would be at the width as it is now <br />with a 30* extension for the turnaround. Mr. Post found this to be acceptable and waived <br />his right to a hearing in front of the Planning Commission. <br />(#9) #1982 DANIEL S. PERKINS, 55 LANDMARK DRIVE - <br />VARLANCE/CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC <br />HEARING OF NOVTMBER 21, 1994, 7:47-8:08 P.M. <br />Mr. Perkins was present. <br />Tins application is for a condition-use perrrrit required as land alterations involve the <br />excavation of 2,000 cubic yards of peat over a ten-year period. A variance is required as <br />dredging is proposed within a designated 1 50 acre wetland. The proposal includes the <br />creation of two ponds, one 5000 s.f to be completed in a two-year span, and the other <br />25000 s.f to be created over an eight-year period of time. Excavation will be limited to <br />200 cubic ^*ards yearly and will be developed at 6’ depths with a 5; 1 slope on the sides. <br />Access will be through the Butterfield property located at the northwest comer of <br />Perkins property. The properties are contiguous. Mr. Butterfield will perform the <br />e.xcavations using either a 1/2 or 3/4 yard backhoe. The 200 cubic yards of peat material <br />will be used in Mr. Butterfield’s nursery operation and is the total amount he is able to <br />use in a year period. Because of the length of time involved. Cook said some changes to <br />the eco-sj'stem may occur and impact the w'etland. Cook recommended a silt curtain be <br />added to keep the material from running into the wetland in the spring after the winter <br />excavation. The Planning Comnussion asked for annual review by Staff with the issuance <br />of land alteration permit to evaluate the situation. The Staff also asked the Applicant to <br />inform the City if access is varied in order to alert the neighbors. <br />During di'^cussion, Hurr voiced concern over the ten-year period of time involved and <br />would like to sec closer scrutiny occur. Kelley wanted to make the Applicant aware that <br />although this land is not a protected DNR wetland, this could change at some point. <br />Callahan asked the Applicant if he wishes to waive his rights to a public hearing of the <br />Plannmg Commission. Mr. Perkins agreed. There were no public comments. <br />Council members recommended an annual review of this project. A discussion with City <br />Attorney Barrett ensued over the legal implications when City approves a plan to be <br />completed over a 10-year period of time. Barrett stated it would be difficult to stop such <br />a project if h became necessary' Council noted the need to create a mechanism that <br />woui>^ ..'low the City to review a conditional use permit on an annual basis, thereby, <br />reserving for the Council the right to stop the project if necessary.