PLAN COMMISSION

APPROVED

PLAN COMMISSION

August 7, 2008

Troy Town Hall @ 7:00 p.m.

Hudson Wisconsin 54016

Members Present: Ray Knapp, Jan Cuccia, Joe Duerre, David Wolf, Mark Mitchell, Paul Mahler

Members Absent: Bob Rolle (excused)

Staff Present: Rob Jones, Cedar Corp., Josh Miller, Cedar Corp.

Recording Secretary: Sharon Weide

Others present: Ken and Kelly Baumann, David Simpson, Wayne Brandt, Mark Swanson, Todd Bjerstedt, June Brosi

Call to Order

Ray Knapp called the meeting of the Town of Troy Plan Commission to order at 7:00 p.m. followed by the Pledge of Allegiance.

AGENDA:

Approve Minutes;
Acknowledgement of applications for action as regulated by SDO;
Exception to design standards (Front setback) – Ken Bauman, 517 West Ridge Circle;
Executive overview of future YMCA improvements;
Transfer of development rights from Glover Land Company to Cornerstone Partnership;
Discuss plan to address riverway vegetation removal on Glenmont Road;
Discuss & consider curbing vs. ditches;
Review and revise sections of draft Comprehensive Plan;
Building Permits/Utility Permits;
Committee Reports & correspondence;
Adjourn;

1. Approve Minutes;

Members of the Plan Commission reviewed the July 10 minutes.

Jan Cuccia moved to approve the minutes of the July 10 Plan Commission. Mark Mitchell seconded. Motion passed, all in favor.

2. Acknowledgement of applications for action as regulated by SDO;

There were none.

3. Exception to design standards (Front setback) – Ken Bauman, 517 West Ridge Circle;

Ken Bauman stated that he was requesting an after the fact exception to design standards from a 150 foot front setback to 140 feet. He stated that it was never acknowledged where to measure the 150 foot setback from, that it is not clear on the map or the legend on his plat. He said measured from the edge of the road the pole building is 163 feet back and that this building does not reduce the value of his neighbor’s property or his.

Ray Knapp reviewed photographs of the property and said that he had spoken with Brian Wert and that a permit was issued for this structure, but that the applicant did not have the required inspection prior to the building being framed up and the roof being put on. Ray went on to say that the applicant should have called for a foundation inspection but that he felt this was an honest mistake and not intended to deceive.

Discussion followed about when the first inspection should have taken place and whether or not the applicant should have known this based on his knowledge of the construction industry. The applicant also stated that only the trusses would have been up, not the roof. Paul Mahler said that the 10 feet doesn’t really matter considering the other properties in the area but that it was Mr. Bauman’s responsibility to know where the setback were located.

Rob Jones reviewed that the Plan Commission may recommend that an exception to design standards be granted by the Town Board after reviewing the following items:

Consistency of proposed exceptions to design standards with policies underlying the subdivision ordinance
The effect of the proposed exception to de design standards on surrounding property values
The effect of the proposed exception on the neighborhood, pedestrian and vehicular traffic
Mitigating topographic features
Where conveyance of land for public purposes will result in otherwise substandard lots.

After additional discussion the Plan Commission members agreed that this was an error on the part of Mr. Bauman but they could recommend an exception to design standards.

Paul Mahler moved to recommend approval for an exception to design standards (Front setback) – Ken Bauman, 517 West Ridge Circle, upon viewing the property and the building and construction, and the location of the neighboring structures, that this exception will not have a negative impact to the property or the neighboring properties. Joe Duerre seconded.

Ray Knapp asked if this action would set a precedent. Paul Mahler said not. Mark Mitchell asked if a penalty should be imposed. Rob Jones said a penalty of $500.00 per day could be imposed under the subdivision ordinance and a fine of $25.00 to $500.00 per day could be imposed under the Building Code.

Motion passed, all in favor.

After additional discussion Ray asked the members of the Plan Commission how they felt about citing the applicant. Joe Duerre said he didn’t feel a citation was necessary. Mark Mitchell, David Wolf and Jan Cuccia felt that although the error wasn’t intentional Mr. Bauman should have had the proper inspection and that he should be cited. Paul Mahler said he was neutral on a citation but that the applicant should have had the proper inspection. Ray Knapp said that he would tell the Town Board that the Plan Commission would like them to consider a potential citation under the Building Code.

4. Executive overview of future YMCA improvements;

Dave Simpson stated that the YMCA Camp St. Croix is in the middle of a capital campaign. He presented the Plan Commission with a brochure a map of the camp and reviewed the improvements that they hope to make to the office/river center, the dining hall, and the Savannah complex. He went on to say that none of these plans are cast in stone as fundraising is not complete. It was also determined that none of these project sites are in the riverway district. Because of that Camp St. Croix will only need to apply for the proper building permits through the Town’s building inspector. Mark Mitchell cautioned Mr. Simpson to use proper erosion control practices near the ravine by the dining hall.

Mr. Simpson also updated the Plan Commission on his progress to date on the horse stall and erosion control projects, both of which are in the riverway district.

5. Transfer of development rights from Glover Land Company to Cornerstone Partnership;

Todd Bjerstedt reviewed for the Plan Commission that in 2003 Glover Land Company completed the paper work to purchase seven development rights from June and Lynn Brosi. At that time they were also in the process of purchasing the Hahn property on County Rd. F. In the meantime Glover Land Company and Cornerstone Partnership was formed. Todd stated that Cornerstone Partnership actually paid for the development rights and that he is coming before the Plan Commission tonight to get the approval to straighten out the paper work.

Ray Knapp said that it was his understanding from the Town’s Attorney that this item is a legal action only. Mr. Bjerstedt agreed and that he wants to show that his partner in Cornerstone Partnership actually owns half of the permits.

Mark Mitchell moved to recommend approval of the transfer of seven development rights from Glover Land Company to Cornerstone Partnership. Jan Cuccia seconded. Motion passed, all in favor.

6. Discuss plan to address riverway vegetation removal on Glenmont Road;

Mark Swanson, 208 Glenmont Road, explained to the Plan Commission that St. Croix Electric (SCE) has a utility easement through his property. Last fall SCE came to do trimming near the power lines. On the first day of the trimming everything went well, however, at the end of the day the SCE representative said he needed to come back the following day to trim another tree. The SCE representative discussed with Mr. Swanson exactly what would be done. When Mr. Swanson came home that evening he discovered that SCE had in fact clear cut the entire area. The trees taken include white oak, red oak, and pine. He went on to say that other utilities have given him a written description of the work that was to be done, and he feels that SCE should do the same, and that they should have to abide by the rules of the Riverway Ordinance.

Rob Jones reviewed for the Plan Commission that cutting or clearing of vegetation for transmission service maintenance may be conducted provided that a layer of vegetation be maintained to prevent erosion and allow succession, and that the pruning of normal tree growth for safety reasons or to prevent interference with the transmission lines is allowed. After a question and answer period members of the Plan Commission agreed that SCE should be required to obtain and after the fact permit and that they should be issued a citation for not doing so in advance.

Warren Brandt, speaking on behalf of Mr. Swanson, stated that SCE has shown total disrespect for the riverway district and asked the Plan Commission to hold them accountable now and in the future for the damage that has been done. Ray Knapp assured Mr. Brandt that part of the after the fact application would need to address how the damage would be mitigated.

Paul Mahler moved to recommend to the Town Board that they take action on the vegetation removal at 208 Glenmont Road by St. Croix Electric and require them to apply for an after the fact permit for cutting in the Riverway and any fines that would be associated with the failure to have that permit. Jan Cuccia seconded. Motion passed, all in favor.

7. Discuss & consider curbing vs. ditches;

Rob Jones stated that the goal of this discussion should be to determine how the Plan Commission wants to interpret the aesthetic standards laid down in the Subdivision Ordinance (SDO). The SDO currently reads that “rural type town roads without curbs are preferred”. Rob went on to say that curb and gutter are used in specific, limited instances in order to improve road safety and provide for erosion control. He would like the Plan Commission to discuss this issue because some developers like the look of curb and gutter and are requesting them in their designs.

He then reviewed a document that details the pros and cons of curb, gutter and storm sewers, and the additional costs associated with maintenance. He ended by saying that towns with village powers may assess residents for curb and gutter replacement costs, but in order to do that the Town would need to amend its own ordinance.

A discussion followed amongst the Plan Commission members with the consensus being that the SDO is well written and that the use of curb and gutter be discouraged. If a developer does install curb and gutter, the agreement was that the homeowners should be assessed for the ongoing maintenance. The Plan Commission directed the Town Engineer to determine which ordinance (SDO or Roads) needs to be amended in order to assess for the ongoing maintenance of curb and gutter.

8. Review and revise sections of draft Comprehensive Plan;

Josh Miller led the Plan Commission through chapters 3 (Housing) and 5 (Utilities and Community Facilities) of the draft of the Comprehensive Plan. Several suggestions for change were made by Ray Knapp, Jan Cuccia, and other members of the commission. Ray specifically noted that in the Comprehensive Plan it states that the anticipated growth rate is 5%, however, after looking at new housing numbers for the years 200-2008 it is evident that that number may be more realistically around 3%.

Josh Miller will incorporate the suggested changes to chapters 3 and 5. He will also forward two chapters (Economic Development and Intergovernmental Cooperation) via email to the Plan Commission for discussion at next months meeting.

9. Building Permits/Utility Permits;

There were no Utility Permits. Members of the Plan Commission reviewed the July building permits. Jan Cuccia noted that there were permits for two new homes.

10. Committee Reports & correspondence;

Ray Knapp reported that he has received copies of correspondence between Peter Thompson and St. Croix County that documents vegetation removal on Mr. Thompson’s property and a subsequent re-vegetation plan.

Ray Knapp reported that he has received notice from WiDOT that there will be an informational meeting on the Highway 35 project on August 28 at the Town Hall. Once this meeting is complete Ray anticipates that the WiDOT will want the Town to update the official road map so that it insures that no buildings are constructed in DOT right-of-ways.

Ray also noted that he has received several emails sent out by the Wisconsin Towns Association on wind power. He noted that some Wisconsin counties are for wind power, some are against it. He asked if the Plan Commission would like to discuss wind power in a future meeting and determine if the Town would regulate it or if we should rely on the County to regulate it. After discussion it was agreed that this item would appear on next month’s Plan Commission agenda.

Jan Cuccia reported that the Riverway Committee has continued to meet with WiDNR and that they are very close to having an agreement on changes to the Riverway Ordinance.

11. Adjourn;

David Wolf moved to adjourn the meeting of the August 7 Plan Commission meeting at 9:10 PM. Paul Mahler seconded. Motion passed, all in favor.