PLAN COMMISSION MINUTES

May 2, 2005

The May 2, 2005 meeting of the Town of Peshtigo Plan Commission was called to order by Chairman Ed Sedor at 7:00 P.M.

Plan Commission members attending were Bob Cerrato, Tom Fetterly, Ed Malechuk, Ed Sedor, Dick Seils and Karen Sylvester. Bruno Brysiewicz was absent. Also attending were Supervisor Pat Ravet, Dave Thibodeau of the Peshtigo Times and a number of town residents.

Motion by Seils, second by Fetterly to amend the agenda to include an informational presentation on the Ed Kowalski Memorial Walking Trail during public comment. Carried.

Motion by Cerrato, second by Fetterly to approve the minutes of March 21, 2005. Malechuk abstained as he was absent from the meeting. Carried.

During public input the following individuals spoke:

1. Dave Thibodeau addressed the need for a municipal court. He said the Town of Peshtigo has over 4,000 residents and such things as junk cars, the pond on Roosevelt Road and other items must be addressed. He feels Circuit Court will take too long to prosecute and he hoped the Town Board would move forward on this.

2. John Huff from the Department of Natural Resources addressed the Plan Commission regarding the need to re-zoning a parcel of land along the Peshtigo River. Sylvester asked Mr. Huff if the property in question currently zoned as Residential was the property he was referring to. Mr. Huff indicated it was and he thanked the Commission for handling the matter expeditiously.

3. Bob Kowalski presented a preliminary drawing on the Ed Kowalski Memorial Walking Trail. Mr. Kowalski indicated there is an existing well on the property which will need to be pulled out and covered, and he thought a new sand point could be installed to provide drinking water to the site. He indicated there are some dead trees which need to be removed and junk which should be removed. He indicated Marinette County has an easement for ingress/egress which needs to be located and the exterior boundary lines of the parcel should be clearly defined by survey so the trails will not cross onto property owned by others. He doesn’t know if the Town wants the pathway through the parcel to be gravel or paved and he questioned what size the parking area should be. The proposed drawing indicates room for a maximum of 10 cars. He thought it would be nice if the Town were to install a few picnic tables and benches in the area as well at least one chemical toilet. In addition, he indicated additional trees could be planted. Sedor said that perhaps the DNR would be interested in assisting. The drive going into the site is bordered by lilac bushes offering a lovely vista in the spring. The Commission thanked Mr. Kowalski for the excellent presentation.

The re-zone from R-1 Residential to A-2 Agriculture/Rural Residential on the Vernon Cramer property located in the SE1/4 of Section 8 T30N R23E and the request for a Conditional Use for a pond was heard. Letters dated April 14 and April 20, 2005 from Cramer were read and the drawing of the proposed pond and roadways were presented.

Jim McVane questioned who pays for the damage done to Schacht Road by the hauling of extract and Sedor explained that the condition of the road will be monitored and if damaged Cramer will be responsible. McVane also expressed concern about his water table however, Cramer alleviated those concerns.

Mr. Frank questioned what the requirements of Shoreland Zoning would be as it appears his adjacent property would fall under Shoreland Zoning once the pond is created. Sedor explained he is trying to get a clearer understand of what those requirements are in comparison to our zoning requirements. He hopes to have a table prepared clearly indicating the differences.

Naomi Dumke explained that the pond and the residential development of the parcel may not be done for years and years as much hinges on how many excavation jobs they get.

The Commission stated the pond size must be comprised of no more than 20% of the acreage contained in the entire SE1/4 after subtracting the acreage required for future road rights-of-way and minus six acres (the 1-1/2 acre minimum lot for the four parcels).

Motion was made by Sylvester, with a second by Cerrato to recommend approval of the concept to the Town Board provided Cramer provides the following items: 1) the footage between the exterior property line to the d exterior dimension of the proposed pond, 2) the acreage of the proposed road rights-of-way and 3) the acreage of the proposed pond. (It was felt the previously stated 32 acre pond was probably too high.) Carried.

Mr. Frank asked the Plan Commission to approve the concept for a proposed town road in a subdivision located off River Bend Drive which he is contemplating purchasing. Two gentlemen who live next door to the proposed road asked to address the Commission. They indicated that the existing trail into the area crosses onto their property and that there is not enough land to meet the 66 foot Town Highway Ordinance requirements. Sedor told the gentlemen they must have the property in question surveyed to determine where property lines are, where the road will go and if sufficient property is there to develop a town highway. Once they have the matter settled they should return to the Plan Commission.

A discussion was held regarding modification of the existing Pond Ordinance. After considerable discussion, it was decided that the Ordinance should stay as it is. However, the Commission wants to understand if there is a difference between a retention pond and a pond. It was also pointed out that the Zoning Ordinance needs to be revised so that future ponds located within Business B-1 and Industrial I-1 need to obtain a Conditional Use Permit before excavation.

The matter of a proposed Subdivision Ordinance was discussed. Sylvester informed the Commission about a conversation she had with John Lefebvre, of the Land Information Office. It appears the County will not review Certified Surveys, State Subdivision or County Plats if the Town has a Subdivision Ordinance, but rather the review process would fall to the Town Plan Commission. The Commission isn’t sure it has the expertise it needs to verify that the requirements of State Statutes 236 regarding survey and subdivision requirements are met. For that reason they asked Sylvester to contact the Wisconsin Towns Association to see if there is any way we can review surveys for land suitability, road access, and local zoning requirements without having a full fledged Subdivision Ordinance.

The next meeting will be held on Monday, June 6, 2005 at 7:00 p.m.

Motion to adjourn by Malechuk, second by Cerrato. Carried. Meeting adjourned at 8:40 P.M.

Respectfully submitted,

Karen M. Sylvester