APPROVED
PLAN COMMISSION
November 6, 2008
Members Present: Ray Knapp, Jan Cuccia, Joe Duerre, David Wolf, Bob Rolle, Mark Mitchell, Paul Mahler
Staff Present: Rob Jones, Cedar Corp., Josh Miller, Cedar Corp.
Recording Secretary: Sharon Weide
Others present: Mark Pendergast, Bob Baczynski, Gloria WahrenBrock, Charlie Macdonell, Louie Filkins, Laurie L. Halberg, John Mailand, Mark Swanson. Others were present who did not sign in.
Call to Order
Ray Knapp called the meeting of the Town of
AGENDA:
1.
Approve Minutes;
Minutes of the October 2, 2008 Plan Commission were
reviewed.
Mark Mitchell
moved to approve the minutes of the October 2, 2008 Plan Commission. David Wolf seconded. Motion passed, all in favor.
2.
Acknowledgement of
applications for action as regulated by SDO;
There were none.
3.
Concept review – L & I,
J & G Moelter Family Trust, Hwy 35 &
Ray Knapp said that he spoke with Mark Moelter and
he asked to table this item until the December meeting due to fall combining
that needed to be done.
Jan Cuccia
moved to table agenda item 3 for a concept review– L & I, J & G Moelter
Family Trust, Hwy 35 &
4.
Riverway
application/public hearing for reconstruction or expansion in a non-conforming
area Cheryl Adkinson,
Rob Jones explained that this agenda item is for a
structural alteration in a non-conforming area.
The applicant is proposing to construct 2 dormers on the second floor of
an existing house. The concept review
was in September and at that time the applicant was asked to provide the
following:
·
A vegetative management plan or a document stating that no vegetation
will be removed. He recommended that the
applicant also submit photographs of the site clearly showing the existing
vegetation.
·
The submittal of a scale architectural drawing.
He stated that the applicant has provided both.
Louie Filkins, Ogden Engineering, handed out packets
that included photographs of the site along with site plans. He said that the plan calls for the
construction of two dormers, on each side of the home, that will begin at the
roof line and extend to the outside wall.
He stated that these dormers will not add any square footage. He went on to say that the photos show the
lot is heavily vegetated with mature trees and they will all remain.
Ray asked if the Plan Commission had any further
questions for the applicant or the Town Engineer. As there were none he opened the public
hearing for a riverway application for reconstruction or expansion in a
non-conforming area, Cheryl Adkinson, 183 Glenmont Rd. When no one came forward Ray closed the
public hearing.
Jan Cuccia
moved that the Plan Commission recommend approval of the riverway application
for reconstruction or expansion in a non-conforming area for Cheryl Adkinson,
183 Glenmont Rd, taking into consideration that she has submitted a vegetation
management plan indicating that there is no vegetation to be removed, and that
she has provided the scale drawings requested, and further taking into
consideration the preservation of the view and use of the river, the
maintenance of safe and healthful conditions, the prevention and control of
water pollution, the location of the site in respect to floodways, flood
plains, sloped preservation zones, and blufflines, the erosion potential of the
site, the impact on terrestrial and aquatic habitat, the location of the site
in respect to existing or future roads, the adequacy of proposed wastewater
treatment and the compatibility with adjacent land uses. Paul Mahler seconded.
Bob Rolle asked if the County indicated that the
septic was conforming. Louie Filkins
said they have not heard back from the County yet. Ray Knapp asked that the minutes reflect the
Plan Commission’s concern that the County verify that the septic system will
meet the needs due the expansion of the home.
Motion passed,
all in favor.
5.
Riverway concept
review/public hearing for after-the-fact permit for conditionally approved
activity of vegetation removal –
Rob Jones said that this item is a concept review
and as such the following tasks bust be completed:
He went on to say that this is a conditionally
permitted activity and is subject to the conditions listed in 171-J.3. Those requirements are:
·
Existing transmission services shall be maintained using minimally
invasive techniques, including erosion control
·
Cutting or clearing of vegetation for transmission service maintenance
may be conducted provided that an under story layer of vegetation shall be
maintained to prevent erosion and allow succession. Vegetative management shall protect the
quality and diversity of the plant community and prevent erosion.
He finalized by saying the applicant states that in
all, 11 trees were removed and that low growth vegetation was not removed or
disturbed beyond what was necessary to remove the trees.
Ray Knapp explained that this is an unusual after
the fact permit. He told the Plan
Commission that they not only need to discuss what has happened on the Swanson
property but also need to clarify what the Town would like to see in the future
for all riverway properties as it pertains to maintenance/vegetation management
by utilities. He reviewed a number of
documents in order to give additional background, one of which was a letter
dated July 17, 2003 from Al Shea, Director, Bureau of Watershed Management at
WiDNR.
Bob Rolle asked if the Town Attorney had seen this
letter and suggested that it implied that St. Croix Electric (SCE) would need
to meet Federal guidelines and therefore would not be subject to the Town’s
RWO. Ray Knapp asked Bob Baczynski for
his input. Bob stated that he was not
familiar with this July, 17, 2003 letter and that he would have to go back and
look into it. He also said that the Town
wouldn’t want to prohibit maintenance for safety purposes from being done and
suggested that an annual permit or a Memorandum of Understanding between the
Town and utilities might be in order.
Other documents reviewed included a letter from Ray
Knap to Mark Pendergast dated 8/25, a letter from Gwen Kuchevar to Denis Vogel
dated 9/29 and a letter from Denis Vogel to Gwen Kuchevar dated 9/29.
Ray Knapp said that the Plan Commission may not be
able to come to a decision tonight if we wanted to figure out collaboratively what
is appropriate between the County, the Town and WiDNR.
Mark Pendergast,
He also stated that SCE is on an 8 year rotation
cycle for routine maintenance and that they hope to decrease that to a 6 year
rotation cycle. Each time they go into
one of the communities they serve they file for a permit with the County. He then handed out a brochure titled “Utility
Right-of-Way Maintenance Information” , a picture of the type of truck used to
remove vegetation, and a copy of the Easement that applies to this and a number
of other properties in the area. Mr.
Pendergast then answered questions from the Plan Commission such as the
dimension of the easement, how often permits are applied for, and if erosion
control mats were used. Mr. Pendergast
also offered photos of the Swanson property after clearing by the utility
company and photos showing additional vegetation removal done by Mr. Swanson.
Ray Knapp opened the Public Hearing for a Riverway
concept review for an after-the-fact permit for conditionally approved activity
of vegetation removal – St. Croix Electric,
Mark Swanson, landowner, presented a different account
of the events that took place during the vegetation removal. He contended that more than 11 trees were
removed and that at no time was a tree leaning on the power lines. He handed out his own set of pictures to
document this. He stated that his intent
to keep this type of damage from happening in the future.
Scott Demott, lineman, stated that he was called out
to the property because there was a dead tree on the wire. They removed it and repaired broken strands
of wire. He clarified that this took place
on the second day. The first day
vegetation was removed so that the bucket-truck could get into the site.
John Mailand, neighbor, said that he was there in
support of Mark Swanson. He said that
Mr. Swanson is an honorable man and that the Plan Commission should exercise
caution when dealing with this topic because if you let utilities cut they will
cut more than intended. He feels the
utilities should only take the trees that will interfere in the next 6 years.
Ray Knapp closed the public hearing at 8:15 PM.
Ray Knapp asked the Plan Commission to develop a
plan of action for moving forward. After
discussion on whether this incident was really an emergency or not, and if so,
should SCE have come before the Town for a permit, the majority of the Plan
Commission felt that a utility cannot spend the length of time required to
obtain a riverway permit in emergency situations. The suggestion was that some sort of blanket
permit or memorandum of understanding be developed between the Town,
Jan Cuccia asked when
After more discussion Ray summarized by talking
through the following action items:
·
·
The Town will ask the DNR to get a legal ruling on whether or not a
utility can clear cut in the Riverway, and if the DNR approves the SCE
vegetative management plan
·
The Town will try to work collaboratively with St. Croix Electric, the
DNR, and St. Croix County to establish general guidelines that all can agree to
·
Ray added that the immediate issue of the removal of
vegetation on Glenmont needs to be addressed.
After lengthy discussion the Plan Commission decided that the Town has
no short term intention to move forward with the citation, but it may be
reinstated in the future based on the results of the action items above.
The supervisor for the line crew asked who the
person would be to decide if vegetation removal was an emergency or not. Ray asked Mr. Pendergast that SCE use good judgment
on what is or is not an emergency based on the sensitivity raised during
tonight’s discussion. Mr. Pendergast
agreed.
6.
Review & recommend
amendment of the Town of
Jan Cuccia stated a concern that the Table of
Contents page numbers are not correct.
Bob Rolle said that that will be cleaned up when the printed version is
finalized. Jan also said that the final
document should carry today’s date.
Jan Cuccia
moved that the Plan Commission recommends that the Troy Town Board amends the
Town of Troy Chapter 171 Lower St. Croix riverway Zoning Ordinance, as
documented in working draft version 10 dated 11/6/08. The only suggested revisions are to update
the table of contents. This
recommendation is based on active participation in the amendment process by the
Wisconsin DNR, who has publicly acknowledged that this draft meets the minimum
standards identified in NR 118, and that they would issue a formal approval of
the Town’s Riverway Ordinance contingent upon review of any Plan commission or
Town Board approval revisions. The
public has also been given opportunity to comment on the proposed amendments
both at a public hearing held earlier this evening and at numerous Plan
Commission Meetings. Paul Mahler
seconded. Motion passed, all in favor.
Jan Cuccia thanked Bob Rolle, Charlie Macdonell,
Gloria WahrenBrock and the DNR for all of the work that went into this
document.
7.
Submit final comments on draft Comprehensive Plan;
Ray
Knapp said that items 7 and 8 of the agenda are the same, due to a
misprint. He asked Rob Jones what
direction has been given by the Town Attorney.
Rob said that Gwen Kuchevar has asked that he call her to discuss the
plan as it appears that some statutory language may need to be adjusted. Ray said that just prior to tonight’s meeting
Gwen suggested that some sections required by statute may be missing.
Ray
Knapp suggested that he, Bob Rolle, Gwen Kuchevar and Josh Miller meet to
review the Plan so that the Plan Commission can review the final document in
December with Town Board action taking place in January. The Plan Commission
agreed to this course of action. Jan
Cuccia noted that the public notice in the paper states the Plan Commission had
already approved the Comprehensive Plan.
Bob Rolled said a retraction would need to be printed. He went on to say that this document is
greatly improved over the original, but some things still need to be
changed. A discussion of growth
projections and map colors then took place.
Ray
reiterated that he, Bob Rolle, Gwen Kuchevar and Josh Miller will meet within
the next couple of weeks. If any member
of the Commission has comments they should be forwarded to Josh. Josh will revisit the Public Notice, and have
a retraction printed if necessary.
8.
Review and revise sections of draft Comprehensive
Plan;
See
above.
9.
Building Permits/Utility
Permits;
Rob Jones reviewed the following utility permits:
Permit # Applicant Address Project Fee
U08-007 Xcel
Energy 1201 Livingstone
Rd Installation of an underground $50.00
Rob stated that Xcel Energy’s fee has not been
received but he has been assured that it is in the mail and will be received by
the Town Board meeting.
Jan Cuccia
moved to recommend to the Town Board approval of Utility Permit U08-007 for
Xcel Energy, 1201 Livingstone Rd, Hudson, WI
54016, contingent that we receive the application fee no later than next
Thursdays Town Board meeting and recommend approval for U08-008, St. Croix Gas,
415 S. 2nd St, River Falls, WI
54022. Bob Rolle seconded. Motion passed, all in favor.
Building permits were reviewed. Ray Knapp will talk to Brian Wert to get more
information on the project at the Madsen residence.
10.
Committee Reports &
correspondence;
Jan Cuccia said that the Riverway committee is
almost done with its work. Bob Rolle
said that the next step is to begin work on the guide books.
Mark Mitchell said that he sent out the Subdivision
Ordinance for members of the Plan Commission to review and make comments on for
the Code Book update, but that he has received no feedback. He will resend the ordinance to members to
review.
11.
Adjourn;
David Wolf
moved to adjourn the November 6, 2008 meeting of the Plan Commission at 9:25
PM. Bob Rolle seconded. Motion passed, all in favor.