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134 Big Island - Public Right of Way
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04-2997, CUP
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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Monday, March 15, 2004 <br />6:00 o'clock p.m. <br />(#14. #04-2997 CITY OF ORONO, BIG ISLAND CONDITIONAL USE PERMIT, <br />VARIANCES-Continued) <br />Chair Smith asked for clarification on that the property owner was reclaiming his private <br />property that had been used for public access. Gaffron responded affirmatively. <br />Gaffron further stated this property owner suffered the public's use of his property for many <br />years. <br />Chair Smith confirmed that there is access elsewhere, but doesn't provide for access to this part <br />of the island and that is why this is needed. <br />Gaffron stated that these access points were dedicated in plats 100 years ago and generally they <br />are at the low points in the topography so that people could drive their horse and buggy up to the <br />low point at the bluffs and that is probably why this one is located at the low point here. For <br />whatever reasons it has become a wetland. We don't know if it has always been a wetland. It is <br />not on the city's protected wetland list or map. Because of the wetland delineation process, <br />however, the area is wetland. <br />Public member Sheryl Uran, 120 and 140 Big Island, owns property on either side of the <br />wetland. She thought wetlands were "sacred cows". She spoke to the MCWD and they say a <br />wetland can't be filled unless there is no other viable alternative and every alternative should be <br />exhausted before a wetland is filled in. She said her property has been surveyed three times in <br />the last four years for this particular road and the stakes have been moved every single time. To <br />her knowledge, the other roads have not been surveyed. So the wetland has always been looked <br />at and not the other accesses. One inland property owner has asked for access. She spoke to <br />Greg Gappa and he stated he has no plans to do anything for the roads. It is the furthest point <br />away for any of the inland properties. There are other access roads that can be used. For <br />example, the road by Gabriel Jabbour's property is partially paved and goes to all the inland lots. <br />The one that is on either side ofBruntjen's property has never been looked at as viable where <br />rush and small trees are the only thing standing in the way of access. <br />Chair Smith inquired what other accesses have been given consideration. <br />Gaffron responded that the city has considered two other potentially viable access points: <br />1. West side next to Jabbour' s property, which is used by everybody on the <br />island <br />2. Downhill from Bruntjen's property <br />Gaffron then stated there are other properties that need to get access and they have potential of <br />going in on the west end, coming around the side of the large wetland. There are trees in the <br />right-of-way and the city has told people not to cut trees in the right-of-way. Some of the right- <br />of-ways are located next to wetlands and the city normally doesn't like trees being cut next to <br />wetlands. Staff believes people should develop on the island in ways that do not require they <br />Page 42 of 48
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