}PLAN COMMISSION
MINUTES
February
7, 2005
The February 7, 2005 meeting of the Town of Peshtigo Plan Commission
was called to order by Chairman Herman Pottratz at 6:30 P.M.
Plan Commission members attending were Bruno Brysiewicz, Ed Malechuk,
Herman Pottratz, Ed Sedor and Karen Sylvester.
Bob Cerrato and Tom Fetterly were excused. Also attending were Pat Ravet, Shelby Keil,
Clarence Coble, Mike Folgert, Jason LaChance, Dan Aberly and Dave Thibodeau of
the Peshtigo Times.
Motion by Malechuk, second by Sedor to approve the agenda. Carried.
Motion by Malechuk, second by Brysiewicz to approve the minutes of
December 7, 2004. Carried.
During public input Shelby Keil asked the difference between Ag-1 and
Ag-2.
Dan Aberly asked the Plan Commission if they are willing to approve a
conditional use permit for the sale of Class “C” fireworks in the Town of
Peshtigo. Jason LaChance is hoping to
open a fireworks store in a portion of the building in which Perk’s Cabinetry
along USH 41 is located. Aberly
explained Class “C” fireworks would be sold.
Sedor asked for a definition of Class “C” and it was explained they
include bottle rockets, fire crackers, and many other items. The large fireworks at community gathering
are not included within Class “C”.
Mike Folgert addressed the Commission as a member of the Fire
Department, First Responders and as a citizen of the Town of Peshtigo. Folgert stated that fireworks are regulated
under State Statutes 167.10, and he further pointed out that sale of these
without permit is not legal in most cases citing the court case “City of
Wisconsin Dells versus Dells Fireworks.”
Folgert went on to say he is opposed to the sale of fireworks in the
Town for safety sake not only for the residents but for his children as well.
Town Fire Chief, Clarence Coble also addressed the Plan
Commission. Coble affirmed Folgert’s
comments and further stated he thought that allowing fireworks to be sold will
increase fire hazard. He went on to say
that it could create a problem larger than the Town Fire Department is capable
of handling.
Sedor pointed out that according to the current Zoning Ordinance the
Commission is able to grant a conditional use permit “if such use will not,
under the specific circumstances of the particular case, be detrimental to the
health, safety or the general welfare of the surrounding area and the proposed
use is necessary or desirable and provides a service or facility that
contributes to the general well being of the surrounding area.”
Sedor moved to not allow the sale of fireworks in the Town of
Peshtigo. Brysiewicz seconded the
motion. All voted in favor.
February 7, 2005 Plan Commission Minutes Page 2
The revised Zoning Map and Zoning Ordinance was reviewed by the Plan
Commission. One change had to be applied
to the Zoning Map and three changes to the Zoning Ordinance. There was a question regarding the wording on
page 78 which reads: “All fines shall be filed and a lien placed on applied
property and the legal rate of interest shall be applied.” Sylvester felt this sentence should be
reviewed and approved by the Town Attorney.
Motion by Sedor, second by Malechuk to recommend approval to the Town
Board on the Zoning Ordinance and Map after the questionable wording is
approved by the Town Attorney. Carried.
Members of the Commission were asked to read the information provided
by Sylvester regarding the Zoning Ordinance as it will be presented to the Town
Board through the Town’s Code of Ordinances.
If Commission members have comments they are asked to present them prior
to February 24, 2005 when the Town Board will be meeting with Attorney Harvey.
The next meeting will be scheduled on an “as needed” basis.
Motion to adjourn by Malechuk, second by Brysiewicz. Carried.
Meeting adjourned at 8:05 P.M.
Respectfully submitted,
Karen M. Sylvester