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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, APRIL 19, 2004 6:00 o'clock p.m. ( 4. #04-2997 CITY OF ORONO, ACCESS BETWEEN LOTS 38 & 39, MORSE ISLAND PARK (120-140 BIG ISLAND), CONDITIONAL USE PERMIT, VARIANCE FOR WETLAND ALTERATION -Continued) Gaffron summarized the current proposal is to merely replace the 90' public right-of-way for the long-established access that was recently eliminated from the adjacent property. The proposed wetland and floodplain impacts are minimal and the City expects to meet MCWD requirements. Further, the City recognizes an obligation to re-establish this access with the least impact method given the limited options. Gaffron indicated the wetland alteration and floodplain impacts were scheduled for the April 22, 2004 MCWD agenda. The proposed access improvements do not expand the access nor provide more access to Big Island. Gaffron recommended approval of the variances and the conditional use permit requested by the applicant. Gappa concurred with Gaffron' s summary, emphasizing that the request is basically for a replacement to an access that was there. There is no intent to expand the access from what had been there before but to leave the status quo of two access points. The access is 10' wide and pushed way to the south to minimize wetland impacts. Gappa anticipates the MCWD will require mitigation of the wetland buffer impacts so that a 16.5' buffer around the entire wetland will be put in place which is fine as the City's intent is only to build the road access with no other development activity on the site. He emphasized the application is a replacement of an access that for many years was thought to be on the public right-of-way but recent survey records indicated it was not the City's. The City Council's intent is to replace an existing access and not to provide more access to Big Island. This access is needed as it serves several land-locked parcels, too. Chair Mabusth asked Gappa ifhe was present at the City Council work session on April 8, 2004. Gappa responded that he was not in attendance at that work session but has read the meeting minutes and discussed the City Council's position with Gaffron. He briefly summarized the access issue background since a Big Island resident meeting in March 2003 and subsequent City Council and Planning Commission discussions of the matter. He confirmed that the City Council has no plan for additional access points on Big Island at this time or expanding vehicular use or tree removal, but is open to future considerations, with the current focus on this particular access replacement location. Chair Mabus th asked for clarification of efforts to minimize site impacts within the 0-75' shoreline area and the wetlands with the limitation of a 10' width. She questioned if the City is following all the MCWD guidelines or ifthere are other reviewing bodies. Gappa confirmed that the MCWD is the only other review body. Chair Mabusth asked for public comments. Cheryl Uran, 120-140 Big Island, stated that last time she was present, the Planning Commission had listened to them and gave a good solution that would work by getting the Big Island residents together to decide what to do. She believed that matter was taken out of their hands and returned to the Planning Commission. She expressed her disappointment in how the process had worked. Page 19 of 49