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minutes of the regular orono city council <br />meeting held on DECEMBER 12, 1994 <br />(^8 - Item ^5^1980 - A&T Development - Continued) <br />Callahan gave the Applicant the option to have his application reheard in front of the frill <br />Planning Commission or to waive his ri^t. 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 />VARIANCE/CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC <br />HEARING OF NOVEMBER 21,1994,7:47-8:08 P.M. <br />Mr. Perkins was present. <br />This application is for a condition-use permit 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 de^gnated 150 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 yards y'carly and will be dcv'clopcd at 6' depths with a 5; 1 slope on the ^es. <br />Access will be throu^ 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-system may occur and impact the wetland. 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 Commission 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 discussion. Hurt voiced concern over the ten-year period of time involved and <br />would like to sec closer scrutiny occur. Kdley wanted to make the Applicant aware that <br />although this land is not a protected DNR wetland, this could change at some poim. <br />Callahan asked the Applicant if he wishes to waive his rights to a public hearing of the <br />Planning 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 it became necessary. Council noted the need to create a mechanism that <br />would allow 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.