04/19/2004 Planning Commission Minutes

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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) Chair Mabusth commented that she remembered the earlier Planning Commission discussion, which occurred without benefit of much background of this access issue and apologized if the City let them down. She stated Gappa was present this evening to give them the necessary background on this application. Gappa explained that with a City project, discussions often occur first at the City Council level because of the tax dollars involved. He acknowledged there have been past Big Island meetings and residential input but the City may not be able to satisfy all the varied interests on Big Island. He described a potential project on Big Island would have to go through the City's Capital Improvement Project process for funding and the Planning Commission would then look at the zoning aspects of a potential project. He concluded that the City Council is now clear on this matter. Mr. Lovelace asked if a resident could come to the Planning Commission and ask the same questions with the same process as he did four years ago. Chair Mabusth explained that a permit for a dock is handled through an administrative permit. Gappa concurred but explained further that if residents want to do other accesses, such as Bay Place, they likely involve the Capital Improvement Project process and city funding decisions, which begins with the City Council, not the Planning Commission. Mr. Lovelace restated his understanding that there is nothing preventing a resident from talking to administrative staff, the Planning Commission or the City Council in the future and asking to take another look at other public access issues on Big Island. Chair Mabusth and Gappa agreed with Mr. Lovelace's statement. Gerald Walsh, 180 Big Island, explained their property's location, noting the site is about 65' above the water level with a 20' drop to the water, making it virtually impossible to access the property from the water. When their property was purchased there was a recognized access by virtually everyone on Big Island, even to the extent that Mr. Uran would plow and clear access up to Walsh's property. About 1 %2 year ago, Mr. Walsh learned it was a private access, held numerous discussions with Mr. Uran and the city, was given permission to use the access, then later refused permission, and later was offered to use the access for$2,500 by Mr. Uran. Then the Urans informed him that no one was permitted to use the access and subsequently Mr. Uran developed it into a grass knoll making it impossible now to use the property without damaging it. He emphasized that when they used the property it was for limited access for building materials. Mr. Walsh stated there is no access to his property from the other side of the island without crossing other private property or without a steep grade. Chair Mabusth asked if there was a steep grade also at Bay Place. Page 21 of 49