03/15/2004 Planning Commission Minutes

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