02-19-03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Wednesday, February 19, 2003 6:30 o'clock p.m. (#03-2869 DR. ROBERT GUMNIT, Continued) listed conditions, plus a sixth allowing the applicant to routinely maintain the drive access as approved. On the other hand, if the Planning Commission feels that there is no hardship to permit the construction of a driveway through a wetland, and that driveway reconstruction is not necessary to preserve the owner's rights, then the application for variances and CUPs should be denied. Dr. Gumnit stated that he wished to fill as a maintenance measure to maintain the trail. Chair Smith questioned whether there were other locations on the property where the horses could be managed. Chaput submitted into record five letters the City had received from neighbors in opposition to the application, as follows: Kirsten Burton 2601 Rainey Road, Dr. and Mrs. Kenneth Riff of 900 Old Crystal Bay Road, Sharon Winslow of 1205 French Creek Drive, Marcia Hanson representing the French Creek Association, and James Peterson 2280 French Creek Circle. Dr. Gumnit's representative reiterated that the proposed driveway had always been an existing path, which had merely deteriorated over time. Dr. Gumnit stated that the road or path had been there since somewhere around the World War II era. The applicant's representative stated that two scenarios have presented themselves, the MCWD has suggested that a culvert be installed with gravel rock fill and that they steer clear of the OHWL of 930', on the other hand, Julie Eckman of the DNR has suggested that they lay a geotextile fabric under the gravel with no culvert. He pointed out that neither agency is in agreement or ready to grant approvals and are hoping to hear what the City decides. Chair Smith asked what the purpose for building up the trail would be, for horses, pedestrians, or vehicles. Dr. Gumnit stated that he and his family have always used the path to the hill and they would like to be able to bring a tractor across to clean up the island. He indicated that they would like to burn out the non native junk vegetation on the island and replant it with native grasses and flowers, the proposed electric fence would keep the horses out of the wetland area and be less obtrusive than a wood fence. Overall, Dr. Gumnit believed that his proposed enhancements would be better for the wildlife than what is currently there and offer better views for his neighbors. He reiterated that the wide path leading to the island had always been there but a sunken area was in need of repair. PAGE 18 of 26