WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING
MINUTES –May 31, 2012
ON-SITE INSPECTIONS: The Committee made on-site inspections starting at 8:00 a.m. on the Susan Laabs, et al, Brian J. Kasten located in Sec. 18, Town of Little Wolf, Brian J. Kasten located in Sec. 18, Town of Little Wolf, White Star Dairy Farm located in Sec. 31, Town of St. Lawrence.
Chm. Penney called the meeting to order at: 9:40 a.m. with the following members present: J. Penney, D. Kussmann, T. Murphy and R. Ellis, all present. D. Federwitz was excused.
T. Murphy moved and D. Kussmann seconded the motion to amend the agenda for the Continuation Public Hearing to be heard first. The motion was carried.
PUBLIC HEARINGS:
The first continuation public hearing for Steven A & Sue Ann Goedderz: Located in Sec. 31, Town of Lebanon, lying off of Stage Road, Waupaca County, Wisconsin; for continuation of the Public Hearing for a Conditional Use Permit application for a Telecommunications Tower and Equipment Building in an RR (Rural Residential) District on approximately 10.56 acres was called to order at 9:43 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy and R. Ellis, all present.
Les Prochnow said he is the Chairman for the Town of Lebanon. Mr. Prochnow said that the Town's attorney Richard Carlson and the Town's Association attorney advised the Township that only credible information can be used for its decision. Mr. Prochnow said that based on the facts the Town Board of Lebanon approved the application.
Melinda Osterberg, County Planner, said she contacted the Bureau of Aeronautics (BOA) regarding the study and clarification of the public use airport and the Federal Aviation Authority (FAA) regulations. Mrs. Osterberg said that the structure exceeds the height and horizontal slope and would have not been submitted to the Federal Aviation Authority (FAA) for an obstruction even if it were a public use airport.
Jim Weinmann, Tower Representative, said he checked with Maddam Aerials Tank road tower for collocation, the costs associated with collocating would exceed 125% of the new tower construction which would make it unreasonable to pursue collocation.
Lee Shaw said he is the Supervisor for the Town of Mukwa. Mr. Shaw read section 11.0 Telecommunication Towers, Antennas and Related Facilities from the Zoning Ordinance, Mr. Shaw expressed concerns of safety and visibility for people flying and suggested lighting and painting of the tower.
Sue Ann Goedderz said she is the applicant, along with her husband, Steve. Mrs. Goedderz said she and her husband have tried hard to appease everyone concerning the tower and to follow the ordinance.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES – May 31, 2012
Wayne Poppy said he is the owner of Northport airport. Mr. Poppy suggested to the Committee that it put stipulations on the permit such as lighting and painting of the tower.
Jim Weinmann came back for rebuttal. Mr. Weinmann said that the tower is within the Federal Aviation Authority (FAA) guidelines and would require no marking or lighting. Mr. Weinmann said that Element Mobile is willing to put daytime and nighttime strobe lighting on the tower, but costs of painting the tower outweigh the benefit.
Paul Capener said that he feels Element Mobile is asking for special privilege because there is a tower within three miles. Mr. Capener said he feels the tower is also a health risk.
Melinda Osterberg discussed the Committee's options for placing conditions on the permit and referenced 14.05 Duties of the Zoning and Land Use Planning Committee, section 3 (a).
D. Kussmann moved and T. Murphy seconded the motion to GRANT the application for a Conditional Use Permit. The Town of Lebanon was in favor of the application. The following conditions MUST be met: for safety reasons, the tower must be lighted during the day with a strobe light and with a red light at night and must be in accordance with all of the other provisions in Section 11.0, Telecommunication Towers, Antennas and Related Facilities of the Waupaca County Zoning Ordinance. Element Mobile must obtain a Land Use Permit from the Waupaca County Planning & Zoning Office for the construction of the tower. The Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; R. Ellis—no; and T. Murphy—yes, three to one vote to grant the permit. T. Murphy moved and D. Kussmann seconded the motion to close the hearing at 10:28 a.m. The motion was carried.
--------------------
The second public hearing was called to order at 10:29 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy and R. Ellis, all present. Deb Giuffre read the names of persons notified of the hearing for Susan Laabs, et al: Located in part of Government Lot 1 and also being in part of the NE ¼ of the SE ¼ of Sec. 31, Town of Mukwa, lying along Cut Off Rd, Fire Number E7674, Waupaca County, Wisconsin; for a Conditional Use Permit application for the placement of a recreational vehicle intended for temporary living purposes in excess of 30 days in a F-W (Flood Way) zone. The Committee and Jean Gliniecki made an on-site inspection of the property. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.
Jerome Laabs was sworn in to testify. Mr. Laabs said he would like to upgrade the travel trailer to a new one. The property is used for recreation.
Jason Snyder clarified holding tank requirements and floodplain ordinance requirements for recreational vehicles.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES – May 31, 2012
Chm. Penney called three times for any testimony in favor to the application.
Jim Curns was sworn in to testify. Mr. Curns said he is the Chairman for the Town of Mukwa and the Town of Mukwa approved the application.
Wayne Poppy was sworn in to testify. Mr. Poppy said he is a master plumber and he is in favor of the application.
Chm. Penney called three times for any testimony in opposition to the application. There was none.
Deb Giuffre read one letter from the Town Board of Mukwa approving the application.
R. Ellis moved and T. Murphy seconded the motion to GRANT the application for the Conditional Use Permit. The Town Board of Mukwa was in favor of the application. The following conditions MUST be met: obtain a Sanitary Permit from the Waupaca County Planning & Zoning Office for the installation of the holding tank, and comply with Section 2.4(7) of the Waupaca County Floodplain Ordinance, which states “The camping unit may not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours." Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; R. Ellis—yes; —yes and T. Murphy—yes, unanimous vote to grant the permit. D. Kussmann moved and R. Ellis seconded the motion to close the hearing at 10:41 a.m. The motion was carried.
--------------------
The third public hearing was called to order at 10:43 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy and R. Ellis, all present. Deb Giuffre read the names of persons notified of the hearing for Brian J. Kasten: Located in part of the South ½ of the SE ¼ of the NW ¼ of Sec. 18, Town of Little Wolf, lying off of Buchholz Rd, Fire Number N6333, Waupaca County, Wisconsin; for a Conditional Use Permit application for the construction of a Single Family Residence in an AE (Agriculture Enterprise) District and an RP (Resource Protection) District on approximately 20 acres. The Committee and Jean Gliniecki made an on-site inspection of the property. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.
Brian Kasten was sworn in to testify. Mr. Kasten said he would like to build a new dwelling and remove the existing dwelling and shed after the new dwelling is completed.
Chm. Penney called three times for any testimony in favor to the application. There was none.
Chm. Penney called three times for any testimony in opposition to the application. There was none.
Deb Giuffre read three letters, one from the Town Board of Little Wolf approving the application, one from the Town Planning Commission of Little Wolf approving the application and one from a property owner with concerns.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES – May 31, 2012
R. Ellis moved and D. Kussmann seconded the motion to GRANT the application for Conditional Use Permit. The Town of Little Wolf Planning Commission and the Town Board of Little Wolf were in favor
of this application and there was no opposition presented at the public hearing. The following conditions MUST be met: obtain a Land Use Permit from the Waupaca County Planning & Zoning Office for the
construction of the dwelling; obtain a Sanitary Permit from the Zoning Office prior to the installation of the sanitary system; obtain a Building permit from the local building inspector. The old existing dwelling, the old shed and the junk around the shed must be removed from the property by November 1, 2012.
Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; R. Ellis—yes; —yes and T. Murphy—yes, unanimous vote to grant the permit. D. Kussmann moved and R. Ellis seconded the motion to close the hearing at 10:50 a.m. The motion was carried.
--------------------
The fourth public hearing was called to order at 10:52 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy and R. Ellis all present. Deb Giuffre read the names of persons notified of the hearing for White Star Dairy Farm: Located in part of the West ½ of the East ½ of Sec. 30 and also being in part of the NE ¼ of Sec. 31, Town of St. Lawrence, lying north and south along Colrue Rd, Fire Number E2740, Waupaca County, Wisconsin; for a Conditional Use Permit application for the expansion of a Non-Metallic Mineral Extraction in an AR (Agriculture Retention) District on approximately 153 acres. The Committee and Jean Gliniecki made an on-site inspection of the property. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.
Paul Rohloff was sworn in to testify. Mr. Rohloff said he is the lessee of the property and owner of Waupaca Sand and Stone, Inc. Mr. Rohloff said he would like to expand the extraction area and also have crushing, washing and stock piling done on the site. Mr. Rohloff said the site will be reclaimed back to agricultural land.
Chm. Penney called three times for any testimony in favor to the application.
Scott Konkle, Reclamation Specialist with East Central Wisconsin Regional Planning Commission.
Mr. Konkle said Mr. Rohloff with Waupaca Sand and Stone reclaims the site as he goes and has a good track record. Mr. Konkle said the Department of Natural Resources environment requirements are met.
Dennis Kussman was excused at 11:00 a.m.
Greg Baumgart was sworn in to testify. Mr. Baumgart said he is the Chairman for the Town of St. Lawrence and the town is in favor of the application.
Chm. Penney called three times for any testimony in opposition to the application.
Cynthia Guetknecht was sworn in to testify. Mrs. Guetknecht said she is concerned about the truck traffic, noise, safety and upkeep of the road.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES – May 31, 2012
Patricia Timm was sworn in to testify. Mrs. Timm said the township is getting no benefits from the non-metallic mineral extraction. Mrs. Timm said she would like to see some tree plantings and doesn't like the loss of the land.
Steve Elgerson was sworn in to testify. Mr. Elgerson said he lives in the area and is concerned with the noise.
Peggy Riemer was sworn in to testify. Mrs. Riemer said she has concerns with the property value, traffic, safety and noise.
Mary Lee Rowe was sworn in to testify. Mrs. Rowe said her property abuts the current pit and she is concerned with the speed of the trucks and the replanting of the berms.
John Morgan was sworn in to testify. Mr. Morgan said that when the pit was originally approved, one of the stipulations was that there is no crusher or washer on site.
Steve Morgan was sworn in to testify. Mr. Morgan said he is concerned about the noise and vibration.
Fred Reckrey was sworn in to testify. Mr. Reckrey said he would like the maximum area to be 40 acres at a time with reclamation.
Paul Rohloff came back for rebuttal. Mr. Rohloff said he would locate the crusher and washer on the south side of the road in a berm to minimize noise and that processing on site would also cut down on the truck traffic. Mr. Rohloff said he would reclaim the active area and then move to another site.
Scott Konkle explained the reclamation process.
R. Ellis moved and T. Murphy seconded the motion to GRANT the application for Conditional Use Permit. The Town of St. Lawrence was in favor of the application. The following conditions MUST be met: provide the Planning & Zoning Office with a copy of the permit for the restoration from East Central Wisconsin Regional Planning Commission; be according to the Reclamation Plan as presented to the Committee at the public hearing. The Committee will be reviewing this Conditional Use Permit in three (3) years from today’s date, which will be by May 31, 2015. Roll call vote was taken: J. Penney—yes; R. Ellis—yes; and T. Murphy—yes, unanimous vote to grant the permit. T. Murphy moved and R. Ellis seconded the motion to close the hearing at 12:18 p.m. The motion was carried.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES – May 31, 2012
--------------------
R. Ellis moved and J. Penney seconded the motion to adjourn the meeting at 12:48 p.m. The motion was carried.
The Committee adjourned.
Respectfully submitted,
Robert Ellis, Secretary
Waupaca County Planning & Zoning Committee
cc: County Clerk
RE: dg