01-27-1992 Council Packet - Laserfiche WebLink

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f- Chsrles Dayton appoarod on behalf of the applicant. He noted the history of the channel and that the initial dredging was done pursuant to a permit issued in 1959 by the Department of Conservation. He noted that the permit indicated that the channel was "released to public waters." He further indicated that the proposed dredging was necessary in order to maintain public waters and was being conducted pursuant to a preexisting valid permit. Mr. Dayton concluded that the dredging would meet the minimum impact standards of the District based upon the 3-to-l side slope proposed in the application. Manager Lindley stated that it is his understanding that the public waters designation means that the channel should be kept open. He indicated that being "kept open" could have several meanings. For example* it could mean that the channel cannot be blocked by any obstruction* such as a fence. President Spensley noted that the Board of Managers still lacked sufficient data in order to apply its "minimal impact" standard. Manager Lindley noted that le application is made by Carlson Real Estate in care of Lundgren Brothers, and questioned what Involvement Lundgren Brothers has in the application. Mr. Pflaum of Lundgren Brothers stated that he is acting as an advisor to the Carlsons concerning potential development issues. President Spensley again noted that he is in doubt as to what standards the Board should use in regard to this application* since it would appear to require a variance from Board rules* but the application does not provide sufficient information in order to judge whether a variance is appropriate. Mr. Jones stated that even assuming that Mr. Dayton's analysis is correct* Mr. Carlson's rights would not appear to be prejudiced by the failure of the Board to act at this time* but that it would put the Board in a difficult porition to apply its rules without more specific information. President Spensley again noted the neev* for more detail from the applicant. Manager Miller urged the applicant to come back with additional information as requested by the staff* and moved to hold-over the matter. Manager Maple seconded this motion. Upon vote* the motion passed unanimously. 91-14S. iterrltt Peterson — Dredging to 2.300 cubic of Material from a channel to improve access. Staff reports that the project 'nvolves dredging a multiple user channel adjacent to Shadywood Road in the City of Orono. This matter was originally reviewed and approved by the Board in 1987, with the permit extended in 1988* 1989 and 1990. The applicant has requested an additional extension of the permit. Staff recommended approval based upon receipt of the items noted in its report. Manager Love indicated that he would concur with -5-(11/n/ri)