A meeting of the Plan Commission of the Town of Fredonia was held on Thursday, December 2, 2004 in the Waubeka Firehouse meeting room with Chairman Mueller calling the meeting to order at 7:31 p.m., and opening with the Pledge of Allegiance. MEMBERS PRESENT: Richard Mueller, Tom Armstrong, Brian Huiras, Chris Janik, Robert Lederer, Ronald Stadler, and Deputy Clerk Margaret Rabuck who recorded minutes of the meeting. ABSENT: Tom Williams. This meeting was held in compliance with the Open Meeting Law – copies of the agenda were posted in at least three public places in the Town and e-mailed to the SOUNDER, OZAUKEE PRESS AND THE MILWAUKEE JOURNAL SENTINEL.

MINUTES of the last Plan Commission meeting held on November 4, 2004 were sent to members in advance for their review. Statement by Armstrong re: Len Siesco/Magnetic Research & Dev. Address should be corrected as he felt it was confusing-delete "Hwy 57" as part of address where building is to be constructed to read only W3115 Belgium-Kohler Rd. MOTION Janik to approve minutes with this correction noted; second Stadler; carried.

PUBLIC COMMENTS: None

BEGER, RIVERSIDE RD./HWY H LAND DIVISION: Beger owns a 91.13 acre parcel in Section 19, zoned A-1 and C-2, SW corner of Riverside Road and Hwy H. They want to split off 8.5 acres with the home (to be used as a single family home), with outbuildings, and create two 39+ acre parcels from remainder. Robert Beger, co-owner, along with brother-in-law, Norman Race, presented a single CSM indicating split of 8.5 acres with home and outbuildings only. Mueller advised that 3 CSM’s, or all 3 parcels on a CSM, are required by Ordinance, as there are now three separate parcels. Beger said he was told by the surveyor, that property descriptions of each parcel was sufficient. Remaining parcels are 40.3 acres each after 8.5 acre split. Race stated he wants matter settled as he needs to return to Georgia. Beger said he will contact the surveyor in the morning to get 2 additional CSM’s if members are willing to act prior to January 2005 meeting. Mueller agreed to examine additional CSM’s over weekend to ensure they meet Town Ordinance requirements. Armstrong questions validity of vote without complete approval by members. Stadler has issue with 35 acre minimum requirement with buildings as Ordinance currently requires. MOTION Lederer to recommend the Town Board’s approval of CSM’s contingent upon Mueller examining all 3 CSM’s, to ensure the description matches what was approved, prior to December 9, 2004 Board Meeting; second Huiras; vote 5 to 1, with Stadler voting against; carried.

RANDY LISKA, W4220 MILL ST, WAUBEKA OWNS 2.54 ACRES ZONED R-3 QUESTIONS REGARDING BUILDING A BERM. No appearance by Liska. Mueller advises he was contacted and told that Liska is awaiting an appointment from a DNR representative before proceeding further.

ADJOURN: MOTION Armstrong; second Stadler, to adjourn; carried. Meeting adjourned at 7:52 p.m.

Respectfully submitted,

Margaret A Rabuck, Deputy Clerk

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PUBLIC COMMENTS: None

BEGER, RIVERSIDE RD./HWY H LAND DIVISION: Beger owns a 91.13 acre parcel in Section 19, zoned A-1 and C-2, SW corner of Riverside Road and Hwy H. They would like to split off 9.5 acres with the home (to be used as a single family) and buildings, and create two 39 + acre parcels from the remainder. Robert Beger co-owner, along with brother-in-law, Norman Race, appeared and presented preliminary plans for split. Plan presented is to split 8.5 acres with the buildings rather than 9.5 acres as originally stated, and remaining parcels to remain as farmland. Members felt the zoning should remain as is; if buyer wants duplex, home would need to be brought up to code and permit obtained. Matter adjourned to December 2, 2004, Plan Comm. meeting for approval of final CSM.

PAUL LAUBENSTEIN, N5857 CEDAR VALLEY RD./LAND DIVISION: Laubenstein owns three parcels/lots in Section 22, along Cedar Valley Rd and west on Belgium-Kohler which total approximately 19 acres. Zoning is non-conforming A-1 and C-1. Laubenstein wants to split off his existing home and building with about 5 acres (parcel is now 15 acres). He would add acres to two other parcels making them approximately 7 acres. Laubenstein presented preliminary plans and perc test results. Members reviewed plans and determined frontage required by ordinance is not met at this time. Further discussion as to rezoning entire area if Laubenstein meets frontage requirements in future plans. Laubenstein given rezone documents and advised of fees. Laubenstein stated he will do further study on this matter and will advise when and if he is ready to proceed.

LEN SIESCO/MAGNETIC RESEARCH & DEV./ADDITION OF BLDG. Property location is W3115 Belgium-Kohler Rd. and the new building is to be erected on SW corner of Belgium-Kohler Rd. & Hwy 57, to be used for expansion/storage for existing business. Section 23; zoned B-2. Len Siesco presented a drawing of the proposed structure. Members reviewed the zoning map and determined the zoning was changed to M-2 in December, 1995, and fits the use. MOTION Armstrong for Siesco to get building permit and sign permit from John Derler; second Stadler, carried 5-0, with Lederer abstaining from vote due to conflict of interest.

ADJOURN: MOTION Huiras; second Mueller, to adjourn; carried. Meeting adjourned 8:16 p.m.

Respectfully submitted,

Margaret A Rabuck, Deputy Clerk

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A meeting of the Plan Commission of the Town of Fredonia was held on Thursday, October 7, 2004 in the Waubeka Firehouse meeting room with Chairman Mueller calling the meeting to order at 7:30 p.m.and opening with the Pledge of Allegiance. MEMBERS PRESENT: Richard Mueller, Tom Armstrong, Brian Huiras, Chris Janik, Robert Lederer, Ronald Stadler, and Deputy Clerk, Margaret Rabuck who recorded minutes of the meeting. ABSENT: Tom Williams. This meeting was held in compliance with the Open Meeting Law – copies of the agenda were posted in at least three public places in the Town and e-mailed to the SOUNDER, OZAUKEE PRESS AND THE MILWAUKEE JOURNAL SENTINEL.

MINUTES of the last Plan Commission meeting held on September 2, 2004 were sent to members in advance for their review. MOTION Armstrong to approve minutes as written; second Janik; carried.

PUBLIC COMMENTS: None.

REVISION OF AGENDA/CHARLES WEYKER FROM # 6 ITEM TO # 3: Request made to Chairman Mueller, by Weyker prior to meeting, to be moved to the # 3 position on the agenda due to a prior commitment.. MOTION Stadler to move Weyker from # 6 on agenda to # 3, second Huiras; carried. Weyker, N5970 Riverside Rd., owns a 15 acre parcel in Section 19, zoned R-2 along Riverside Road, and A-2 to the east. He wants to divide off about 5 acres with existing home and create a 10 or 2-5 acre parcels to sell. Discussion by members that if divided into 5 acre parcels 330 foot frontage must be met. Weyker states he wants to revert back to what it was previously, a 5 and a 10 acre parcel. Members prefer easement be given to back 10 acre parcel. Weyker was advised to present a CSM for the final plan which will be subject to Plan Commission approval.

MR. & MRS. CHARLES CONANT, LAND DIVISION: Conant, N6031 Valley Heights Road own a 2.71 acre parcel, Section 19, zoned R-2. They would like to split off 1.5 acres for a home site. Mr. & Mrs. Conant presented a CSM and "perc" test for review by members. Members were in agreement with CSM as presented. MOTION Huiras to recommend the Town Board’s approval of the CSM; second by Janik; carried.

BEGER, RIVERSIDE RD./HWY H LAND DIVISION: Beger called the Clerk to cancel for tonight.

PAUL LAUBENSTEIN, LAND DIVISION; REZONE QUESTIONS: Laubenstein, N5857 Cedar Valley Rd., owns three parcels in Section 22, along Cedar Valley Rd. and west on Belgium-Kohler Rd., totaling about 19 acres. Current zoning is non-conforming A-1 and some C-1. He would like to join the lots/parcels, and then split off his home and buildings with about 5 acres and create 2, 7 acre lots for sale. Laubenstein presented a sketch of the proposal. Members reviewed the proposed sketch, and reminded Laubenstein of the frontage requirements (330 feet for A-2 parcels), the need for "perc" tests, and if rezoning, a Public Hearing. Laubenstein will consider his options and do further research.

ADJOURN: MOTION Huiras; second Armstrong, to adjourn; carried. Meeting adjourned 8:20 p.m.

Respectfully submitted,

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A meeting of the Plan Commission of the Town of Fredonia was held on Thursday, September 2, 2004 in the Waubeka Firehouse meeting room with Chairman R. Mueller calling the meeting to order at 7:30 p.m. MEMBERS PRESENT: Richard Mueller, Tom Armstrong, Brian Huiras, Chris Janik, Robert Lederer, Tom Williams, and newly appointed member Ronald Stadler, and Deputy Clerk, Margaret Rabuck who recorded minutes of the meeting. This meeting was held in compliance with the Open Meeting Law – copies of the agenda were posted in at least three public places in the Town and e-mailed to the SOUNDER, OZAUKEE PRESS AND THE MILWAUKEE JOURNAL SENTINEL.

OATH OF OFFICE: Chairman Mueller administered the Oath of Office to newly appointed Plan Commission Member, Ronald Stadler.

MINUTES of the last Plan Commission meeting held on August 5, 2004 were sent to members in advance for their review. MOTION Williams to approve minutes as written; second Janik; carried.

PUBLIC COMMENTS: Dave Gorton appeared with questions regarding three separate versions of splitting a lot with driveways coming off County Hwy A, Mill St., and one version members advised was not acceptable. Members advised Gorton to contact the County for driveway on Hwy A; they may not allow. Gorton also was advised to get perk tests. Comment by Stern regarding small A-1 parcels being rezoned; she felt if this continues it could have an effect on future growth. No other public comments.

PAUL & DIANE WEGNER LAND DIVISION REZONE: Chairman Mueller advised he was contacted by Wegner, who said they would not be present for tonight’s meeting.

SUE BORCHARDT/REZONE APPLICATION: Sue Borchardt appeared and said her rezone application has been completed and the fee paid for rezoning property located at W4139 Center St., Waubeka, from R-4 to B-1, to allow for business use on lower level and 2 separate living quarters on upper level. Holding tank application was also completed and fee paid. Members noted all paperwork was in order and a Public Hearing would be held on October 14, 2004, with proper notification to all concerned parties. MOTION Lederer to recommend Town Board approval; second Armstrong, carried.

DAVID TAYLOR, DAVE’S RADIATOR/WELDING/ADD ON TO MINI-SHEDS: Dave Taylor appeared and presented plans for adding on to mini-storage sheds on his lot at W4816 Hwy H; zoned B-1. No set backs are required on B-1 Zoning. Concerns of members are traffic visibility. No potential hazards were expressed. MOTION Armstrong to approve plans as presented; second Huiras. Motion carried. Taylor advised to get a building permit prior to construction.

MR. & MRS. CHARLES CONANT, N6030 VALLEY HEIGHTS DR., REQUEST FOR LAND DIVISION: Mr. & Mrs. Conant appeared and presented a document showing their 2.71 acre parcel in Section 19, zoned R-2. Mrs. Conant said this was originally 2 lots, but they were rejoined. There is also an easement on the property. The property, if split, would be consistent with other homes in the area as to lot size. Members advised Conant to get a CSM with easement recorded. Matter adjourned for further review at the next Plan Commission meeting on October 7, 2004.

ADJOURN: MOTION by Huiras; second Janik, to adjourn; carried. Meeting adjourned at 8:00 p.m.

Respectfully submitted,

Margaret A. Rabuck, Deputy Clerk page 1of 1 Sept. 2 ,’04 PC meeting minutes

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A meeting of the Plan Commission of the Town of Fredonia was held on Thursday August 5, 2004 in the Waubeka Firehouse meeting room with Chairman R. Mueller calling the meeting to order at 7:31 p.m. MEMBERS PRESENT: Richard Mueller, Tom Armstrong, Brian Huiras, Chris Janik, Robert Lederer, Jim Stemper and Tom Williams. Deputy Clerk, Margaret Rabuck recorded minutes of the meeting. This meeting was held in compliance with the Open Meeting Law – copies of the agenda were posted in at least three public places in the Town and e-mailed to the SOUNDER, OZAUKEE PRESS AND THE MILWAUKEE JOURNAL SENTINEL.

PUBLIC COMMENTS: Dennis Wendtland appeared with his daughter, Heather Masse, and advised they would like to post signs advertising their dog kennel, Autumglo Pet Lodge. They said they have two signs which are 4’ x 6’ in size and 1 sign 2’ x 4’ Members advised the land is zoned A-2 and the larger signs are not allowed under current ordinance; a 2’ x 4’ sign is allowed. No other public comments.

MINUTES of the last Plan Commission meeting held on July 1, 2004 were sent to members in advance for their review. MOTION Stemper to approve minutes as written; second Janik. Motion carried.

Mike Schowalter appeared for Ann Rader, W3423 Belgium-Kohler Rd., and presented a CSM dividing her 40 acre parcel in Section 22, zoned A-1; 5 acre parcel with existing home as Lot # 1; Lot # 2 with remaining 35.27 acres. Members agreed that all requirements were met. MOTION by Janik to recommend the Town Board’s approval of the CSM; second by Stemper. Motion carried.

Dale & Mariann Hartmann appeared, along with surveyor Anthony Branda, and presented a revised CSM for their 133 acre parcel at W4330 Jay Rd., zoned A-1 and C-1; Section 5. Road frontage on CSM for new lot is 360 ft. with approx. 2 acres; there is 224 ft. of frontage to the east on Jay Rd., but there is additional road frontage on the remaining parcel. Members were concerned that insufficient frontage could pose a problem in the future. Hartmann said home would stay with farm property so there would be sufficient frontage. MOTION Janik to recommend the Town Board’s approval of the CSM; second by Stemper. Motion carried 6-1, with Williams voting against.

Paul & Diane Wegner appeared and presented a drawing of land division for their parcel on Willow Valley Rd., in Section 26, zoned A-1. Parties propose to split the 54.65 acre parcel into a parcel of 19.6 acres and 35.5 acres. Members reviewed the drawing and indicated straight lines are needed and the smaller parcel would have to be rezoned. Factors to consider are close proximity to Village of Fredonia limits and factors that are mandated. Parties advised to return to September meeting with a revised CSM with straight lines.

Kenyon Rose appeared in person and advised he has reviewed draft of Conditional Use Permit and stated he spoke to Steve Paulus, the County Hwy. Supervisor for this area, who stated the public may park in

the County Hwy. Dept. parking lot when auctions are conducted. Members advised Rose to get this

permission in writing. Mr. Rose stated that he has obtained signs as to building capacity and they will be

p. 1 of 2 Aug 5 ’04 PC minutes

posted. Mr. Rose advised that he had no objections to the Conditional Use Permit as drafted. Members advised matter would have to be heard at a Public Hearing prior to September Town Board Meeting. Town Board Supervisors will examine draft at August Town Board Meeting.

Lee Heimerl appeared and presented a drawing of his 1.278 acre parcel; zoned R-2. Members review and advise that he needs an additional ¾ acre to meet zoning requirement. Heimerl said he approached neighboring property owner who does not wish to sell additional land at this time. Heimerl advised to get a perk test before pursuing any further. Armstrong advises that they must abide by zoning laws.

Vogel appeared in person with land owner, Chester Swanson, and presented plans for a horse barn with living quarters above barn. Members reviewed plans and advised that Town ordinances do not allow for this type of living arrangement. Vogel was advised that the land is zoned A-1, and a horse barn could be erected on the property as well as a separate dwelling detached from barn. Vogel was advised that she did not need to return for further review if she wanted to build separate buildings.

Sue Borchardt appeared and requested a zoning change from R-4 to B-1 for her lot at W4139 Center St. Borchardt requested definition of B-1 use. Members advised Borchardt that a public hearing is needed for zoning change along with a fee. Borchardt told members that she wants apartments in the upper part of the building, with business use on the first floor. Borchardt was given a rezone application to complete.

ADJOURN. MOTION to adjourn by Stemper; second by Williams; carried. Meeting adjourned at

9:05 p.m.

Respectfully submitted,

Margaret A Rabuck

Deputy Clerk

Town of Fredonia

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A meeting of the Plan Commission of the Town of Fredonia was held on Thursday, July 1, 2004 in the Waubeka Firehouse meeting room with Chairman R. Mueller calling the meeting to order at 7:31 p.m. MEMBERS PRESENT: Richard Mueller, Tom Armstrong, Chris Janik, Robert Lederer, and Jim Stemper. ABSENT: Brian Huiras and Tom Williams. Deputy Clerk Margaret Rabuck recorded minutes of the meeting. This meeting was held in compliance with the Open Meeting Law – copies of the agenda were posted in at least three public places in the Town and e-mailed to the SOUNDER, OZAUKEE PRESS AND THE MILWAUKEE JOURNAL SENTINEL.

PUBLIC COMMENTS: None.

MINUTES of the last Plan Commission meeting held on June 3, 2004 were sent to members in advance for their review. MOTION Lederer to approve minutes as written; second Stemper; carried.

Glander would like to purchase a 22.8 acre parcel from Tom Biever, in Section 27, zoned A-1. Mike and Cindy Glander appeared and presented revised plans showing a 5 acre parcel in front. Biever, owner of the property, appeared and presented a CSM dividing the parcel; a 5 acre parcel at the front, with the remainder to the north. Biever stated he had filed a petition for the proposed rezone of the 5 acre parcel to A-2. Public Hearing required and notices to be posted. Parties advised they would desire completion prior to the next Plan Commission meeting. MOTION Stemper to recommend Town Board’s approval of land division if rezone is approved; second Armstrong; carried.

Both Schowalter & Ann Rader were present and presented a sketch of how Rader would like to divide the parcel. Rader, W3640 Belgium-Kohler Rd., would like to split off 5 acres with her home and buildings, on the SW corner of her parcel, and sell the remaining 35 acres. Parcel is in Section 22; zoning is A-1and C-1. The required frontage was met; return to next PC meeting with a CSM.

Dale & Mariann Hartmann, W4330 Jay Rd., own a 133 acre parcel in Section 5; zoning is A-1 and

C-1. They would like to split off their home with 1 ½ acres and build a new home on the remaining parcel. Mariann Hartmann appeared along with Anthony Branda, Land Surveyor, and presented a CSM to members. Concerns of members are too many angles. Hartmann stated they wanted to stay along tree line and have at least 25 feet between out-buildings. Members advised that CSM as presented may not pass Town Board approval and advised parties to square off the proposed 1 ½ acre parcel. Matter adjourned to August 5, 2004 meeting for further review.

PAUL & DIANE WEGNER TO DISCUSS POSSIBLE LAND DIVISION/REZONE

Paul & Diane Wegner, W3423 Willow Valley Rd., own a 54.65 acre parcel in Section 26; zoning is A-1. They appeared in person and presented a D & H Land Survey as a proposed plan. Members advised that property must be rezoned if parcel is broken up. They would like to leave the home on approximately 7 acres. Members advised that 330 feet of frontage is required. Approximately 3 parcels are involved in the proposal as presented. Parties are advised to return with more definite plans and members noted that there could be a problem as the parcel may be abutting the Village and the request may be denied. Parties advised next Plan Commission meeting would be August 5, 2004.

Dale Krier, Realtor and Ken & Sue Rose appeared. Proposed buyer, Ken Rose, stated he is a licensed auctioneer, operating as Ramblin Rose Auctions, and would have periodic auctions of antiques, collectibles and assorted merchandise from estate sales. Rose further stated they are fully insured and would be responsible for liability, parking, beer license and food sales. He would reside in the residence portion of the building. Members advised liquor laws would have to be examined by Town Board. State would have to be contacted as far as food preparation and sales. Current zoning is B-1. Members stated they would prefer a Conditional Use Permit as the present zoning does not specify auctions as a permitted use, and the permit would allow for better control. A Public Hearing would have to be held along with posted notices and surrounding neighbors notified of proposed change. Members suggested the following items should be addressed in a Conditional Use Permit which would be drafted by the Town’s attorney at Rose’s expense: excessive noise, nuisance lighting, proposed hours of operation 7:30 a.m. to 10:00 p.m., storage of merchandise outside of building, parking, capacity of building, signage to comply with Ordinances. Potential buyer, Rose, was in agreement with these conditions and will return for further discussion with the Plan Commission and the Town Board, prior to the Public Hearing.

ADJOURN. MOTION to adjourn by Armstrong; second Stemper; carried. Meeting adjourned at 8:44 p.m.

Respectfully submitted,

Margaret A Rabuck, Deputy Clerk

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A meeting of the Plan Commission of the Town of Fredonia was held on Thursday, June 3, 2004 in the Waubeka Firehouse meeting room with Chairman, R. Mueller calling the meeting to order at 7:30 p.m. MEMBERS PRESENT: Richard Mueller, Tom Armstrong, Brian Huiras, Chris Janik, Robert Lederer, Jim Stemper and Tom Williams. Deputy Clerk Marge Rabuck recorded minutes of the meeting. This meeting was held in compliance with the Open Meeting Law – copies of the agenda were posted in at least three public places in the Town and e-mailed to the SOUNDER, OZAUKEE PRESS AND THE MILWAUKEE JOURNAL SENTINEL.

PUBLIC COMMENTS: None.

MINUTES of the last plan Commission meeting held on May 6, 2004 were sent to members in advance for their review. MOTION Stemper to approve minutes as written; second Armstrong; carried.

Gerald Weiland, N5271 Kay-K Road, owns a 130+ acre parcel in Section 36, south of Hwy A and west of Kay-K Road, zoned A-1. Weiland appeared in person and presented revised plans for lot # 1, splitting off 1.47 acres with the home and shed. Statement by Stemper noting that plans conform with what the Plan Commission recommended. MOTION Stemper to recommend the Town Board’s approval of CSM as presented tonight; second by Janik. Motion carried.

Glander would like to purchase a 22.8 acre parcel from Tom Biever, located in Section 27, zoned A-1. Mike Glander presented revised plans with 5 acre parcel in front and states he wants his own driveway. Plans show 340 feet of road frontage. Members discuss shared driveway. Statement by Stemper advising plans are met. Statement by Mueller advising property must be rezoned and property owner, Tom Biever must make application for rezoning. Perk tests are required, as well as a survey, prior to the next plan commission meeting. Darryl Grimm had also expressed interest in the Biever parcel; Grimm did not appear.

Lundman, W3631 Fredonia-Kohler Rd., owns a 7 acre parcel in Section 27 on the north side of Fredonia-Kohler Rd. to the west of his residence. A horse barn is on the parcel and his daughter and son-in-law would like to build a home on this legal non-conforming A-1 parcel. Phil Lundman and his son-in-law, Tony Birrittiri were present. Statements were heard from Lundman and Birrittiri. PC members advised at least 5 acres are required, and the road frontage needs to be 330 feet. This is a non-conforming lot and application for a variance must be made to the Board of Appeals. A fee is required and said meeting must be posted.

Dale Hartmann, W4330 Jay Rd. owns a 133 acre parcel in Section 5, zoned A-1 and C-1. He wants to split off the existing home with 5 acres and build a new home on the remaining parcel. Hartmann presented hand-drawn plans. Members concerns are use of holding tanks. Straight lines are needed for split and at least 1 ½ acres must stay with the home. Perk tests are needed to determine best location.

Letter received from Hartmann Sand & Gravel reference release of escrow funds and mortgage town is presently holding. County has taken over reclamation bond. Discussion by members as to posting roads and the possibility the Town could keep a portion of the money for repairs. Stemper requested to examine paperwork before any release. Armstrong reviewed file. Members advise this is a Town Board issue and State Statutes to be reviewed as to what are Town rights as to repairs.

MEMBERS COMMENTS ON DRAFTS OF ZONING AND SUBDIVISION ORDINANCES CHAPTERS 17 & 18. Comments by members on changes. Matter to be discussed by Town Board on June 10, 2004.

ADJOURN. MOTION to adjourn by Armstrong. Second by Stemper. Motion carried. Meeting adjourned at 8:40 p.m.

Respectfully submitted,

Margaret A. Rabuck, Deputy Clerk

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A meeting of the Plan Commission of the Town of Fredonia was held on Thursday, May 6, 2004 in the Waubeka Firehouse meeting room with Chairman R Mueller calling the meeting to order at 7:32 p.m. MEMBERS PRESENT: R. Mueller, B. Huiras, T. Armstrong, J. Stemper, R. Lederer and C. Janik. Deputy Clerk, Margaret A Rabuck recorded minutes of the meeting. This meeting was held in compliance with the Open Meeting Law – copies of the agenda were posted in at least three public places in the Town and e-mailed to the SOUNDER, OZAUKEE PRESS AND THE MILWAUKEE JOURNAL.

MINUTES of the last Plan Commission meeting held on April 1, 2004 were sent to members in advance for their review. No corrections or additions were noted. Motion by J. Stemper to approve minutes as written. Second by C. Janik. Motion carried.

PUBLIC COMMENTS: None

STEVE DEPIES, LAND DIVISION/REZONE: Did not appear.

LAURA HUIRAS- POSSIBLE LAND DIVISION – Huiras called to cancel

NICK DIDIER, REALTOR REPRESENTING RON JUNGERS, PRESENTED PLANS FOR A LAND DIVISION OF JUNGERS 80 ACRE PARCEL IN SECTION 10, ZONED A-1 AND C-2. The CSM shows a 10 acre parcel in the C-2 area. Didier advises Members that he has a buyer for the 35.6 acre parcel shown on the CSM and the remaining parcel is 35 acres. An easement is shown across parcel # 1 on Cedar Valley Road along tree line. Discussion by PC Members as to having no problem with easement. Motion by B. Huiras to recommend the Town Board’s approval of the CSM; second by J. Stemper. Motion carried.

ARNOLD KESSEL, N5560 RIVERSIDE ROAD OWNS TWO PARCELS IN SECTION 30, A 35 ACRE PARCEL ZONED, A-2, A-1 and C-1 AND A 41.94 ACRE PARCEL ALSO ZONED A-2, A-1 AND C-1. Sara Follett of Baumgartner Realty appeared in person on behalf of Arnold Kessel and presented a CSM for review. J. Stemper had questions regarding zoning. Statement by Chairman Mueller that property may be divided as presented. Motion by Chairman Mueller to recommend the Town Board’s approval of CSM as presented. Second by J. Stemper. Motion carried.

MIKE & CINDY GLANDER WOULD LIKE TO PURCHASE A 22.8 ACRE PARCEL FROM TOM BIEVER. PARCEL IS LOCATED IN SECTION 27 AND IS ZONED A-1. Plans presented by Mike and Cindy Glander reference proposed property division. Statement by Chairman Mueller regarding insufficient frontage. Extraterritorial Zoning with the Village of Fredonia may be a factor. Elimination of numerous driveways should be considered. Frontage of 150 feet is required if rezoned to R-2. Written agreements must be made between all parties if more than two parcels use one driveway. Statement by J. Stemper reference Border Agreement with Village of Fredonia. Town is awaiting reply from Village on this matter. Members prefer plans for conservation and 5 acre density. Members also advised that property must be owned before Plan Commission may act on any proposal. A Conservation/Subdivision Ordinance would probably be in place within 6 months. Further, 330 feet of frontage is required if zoning is A-1 or A-2.on each proposed lot. Members advised parties to return with revised plans for further discussion.

GERALD WEILAND, N5271 KAY- K ROAD, OWNS 130 PLUS ACRES IN SECTION 36, SOUTH OF HWY A AND WEST OF KAY-K RD ZONED A-1. Gerald Weiland appeared in person and presented plans to split off home with one acre for his son. Son owns home. Members reviewed plans and advised G. Weiland to include shed on 1 acre and be sure to meet required setbacks from all other buildings and lot lines. Return for further discussion.

LANCE LEIDER/LEIDER FARMS, W3117 HICKORY GROVE ROAD,OWNS A 49.15 ACRE PARCEL EAST OF CEDAR VALLEY AND SOUTH OF JAY ROAD IN SECTION 11. CURRENT ZONING IS A-1. Lance Leider appeared in person and advises that he has no new map drawn and advises the lots would be along the roadway so as to preserve farmland. Concerns of Members are splitting of parcels and that future problems with rezoning could be created.. Members are further concerned with setting a standard for future development. Members stress timing and proper planning for development. No action taken at this time.

RICHARD MUELLER APPROVAL OF CSM’S; 2 LOTS, EACH LESS THAN 2 ACRES; ZONING IS R-2; MUELLER-HILLER ROAD. Chairman Mueller appears in person and presents CSM’s for review. Motion by R. Lederer to recommend Town Board’s approval of CSM’s as presented. Second by T. Armstrong. Motion carried 5 to 0 with Chairman Richard Mueller abstaining from vote and T. Williams absent.

FINAL DRAFT ZONING /SUBDIVISION CHAPTERS 17 & 18 FOR COMMENTS AT JUNE PLAN COMMISSION MEETING. Plan Commission Members to review revisions in these chapters prior to June Plan Commission Meeting. Once approved by Plan Commission, matter to go before Town Board for approval, then on to a Public Hearing.

ADJOURN Motion to adjourn made by B. Huiras. Second by J. Stemper. Motion carried. Meeting adjourned at 9:25 p.m.

Respectfully submitted,

Margaret A Rabuck, Deputy Clerk

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A meeting of the Plan Commission of the Town of Fredonia was held on Thursday, April 1, 2004 in the Waubeka Firehouse meeting room with Chairman Mueller calling the meeting to order at 7:30 p.m. MEMBERS PRESENT: Tom Armstrong, Brian Huiras, Tom Williams, Jim Stemper, Robert Lederer and Chris Janik. Deputy Clerk, Margaret A. Rabuck recorded minutes of the meeting. This meeting was held in compliance with the Open Meeting Law – copies of the agenda were posted in at least three public places in the Town and e-mailed to the SOUNDER, OZAUKEE PRESS AND THE MILWAUKEE JOURNAL.

MINUTES of the last PC meeting held on March 4, 2004 were sent to members in advance for their review. No corrections or additions were noted. Motion to approve minutes as written by Tom Williams, second by Tom Armstrong. Minutes approved.

No public comments.

Brian Depies on behalf of Steve Depies presented a map of dividing and rezoning for proposed property divisions. Comments from Jim Stemper, Chris Janik and Chairman Mueller reference long range plan, and preservation of farmland. Statement by Stemper reference too many individual driveways leading onto roadway, potential traffic hazards which could lead to lowering of speed limits in the area which no one wants. Board members generally agreed with clustered development and smaller lot sizes rather than selling 5 acre parcels at will. Chairman Mueller spoke to Lance Leider who was present in the audience to the effect as to his view as Leider is considering a similar proposal. Mr. Leider’s response was a wait and see outcome of this decision. Matter adjourned to Thursday, May 6, 2004 at 7:30 p.m. for further review and revised plans.

Joe Huiras, brother-in-law of Laura Huiras presented plans for a residence dwelling to be built on a parcel of approximately 5 to 15 acres. Chairman Mueller indicated that the property owner, Laura Huiras should be consulted as to combining her three other parcels and land division as such, so as to meet the 35 acre A-1 zoning. Mr. Huiras indicated he wanted to purchase a smaller parcel than 15 acres. Statements by Tom Williams and Brian Huiras reference not setting a presidence in selling 5 acre parcels. It was noted that there is a barn already on the property. Matter adjourned to Thursday, May 6, 2004 at 7:30 p.m. for further review and revised plans./

Presentation of CSM’s by Mr. Mueller to board members. Mr. Mueller indicated pending board approval that he wished to start building this summer on said lot. Mr. Mueller further indicated that he was going to quit-claim the narrow strip of property indicated on the CSM next to the ingress egress easement to Lot # CSM 2577. Perks of the lots were also presented to the Board. Statement by B Huiras as to having no objection to the board approving said CSM. Matter ready for vote by Board at which time Richard Mueller left the meeting. Motion by Robert Lederer to approve CSM’s as presented, seconded by Jim Stemper. All members voted in favor of approval. Motion carried. Mr. Mueller returned to meeting.

Discussion by Board members as to Zoning Map errors at the above described locations. General thoughts of the board is that all errors should be corrected at one time. Alternative solution for immediate situation is the issuance of Conditional Use Permits.

All Board members present agreed to meeting date of Monday, April 12, 2004 at 7:00 p.m.

Motion by Chairman Mueller to adjourn, seconded by Tom Armstrong. Motion carried.

Meeting adjourned at 9:05 p.m.

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A meeting of the Plan Commission of the Town of Fredonia was held on Thursday, March 4, 2004, in the Waubeka Firehouse meeting room, with Chairman Mueller calling the meeting to order at 7:30 p.m. MEMBERS PRESENT: Chairman Mueller, Tom Armstrong, Brian Huiras, Tom Williams, Jim Stemper, and Robert Lederer. The Secretary, Carol A. Mueller and member Chris Janik were unable to attend. Chmn. Mueller took notes in the Secretary’s absence. This meeting was held in compliance with the Open Meeting Law – copies of the agenda were posted in at least three public places in the Town and e-mailed to The Sounder, Ozaukee Press and Milwaukee Journal Sentinel.

MINUTES of the last PC meeting held on February 5, 2004, were sent to members in advance for their review. Lance Leider wanted to correct the minutes, but as he is not a member of the PC this was not allowed. Mueller noted that it was Brian Depies, Steven’s brother, not Patrick Depies, who attended the last meeting. MOTION Stemper, second Huiras, to approve the minutes as corrected; carried.

Lance Leider felt that "no more driveways off of Jay Road" was not a Town policy, and not all PC members’ comments were noted regarding the Depies issue. Carol Goeden commented that a neighbor, Chris Hughes, was operating an auto repair business on his property without proper permits. Mueller will send a letter and ask Hughes to come to the next Board meeting to discuss the issue.

Members were sent a copy of the CUP, as drafted by Attorney Edgar, and approved by the Town Board, for a final review. Steve and Rich Rathke were present. MOTION Stemper, second Williams, to recommend the Board’s approval of the CUP as presented; carried.

Juanita Winters, N7118 Hwy E, owns 3 parcels in Section 5, current zoning is A-2 and C-1. The parcels vary in size from 18+ to 16+ acres. She would like to split off 5 acres for her son to build a home. Discussion followed regarding the need for an easement to be 66’ wide, and having a soil and site evaluation done. It was suggested that they return with a sketch of their plans as to where the 5 acre parcel would be located, and a soil and site evaluation. Winter noted this idea was very preliminary at his time.

Lance Leider, W3317 Hickory Grove Rd., owns a 49.15 acre parcel in Section 11, east of Cedar Valley Rd. and south of Jay Rd., all or most of which is zoned A-1. Leider presented several sketches to split off 2-3 lots from this parcel. He felt this would fill out the residential portion in this area. Members reviewed the sketches and commented on the issue. The majority of members were against the proposal at this time for varying reasons including: Leider’s position on the Town Board which could cause problems for him; setting a precedent for creating lots in this area; no need for "filling in" any areas just because there were homes already there; this area was not planned for development in the 2010 LRP, whereas, the area along Mueller- Hiller Road was; his proposed lots may not be buildable – a soil and site evaluation should be done; the Random Lake Rod and Gun Club is just to the east and the shooting may cause problems for new residents; this was good A-1 land. Williams, however, felt this land division would be a good use for this part of the parcel and the division could be justified. Some of Leider’s comments included: there would be no problem with soil and site evaluations; he needs to sell off some of his farmland, at the highest price possible, to allow him to stay in farming – larger parcels would not sell for as much as several smaller lots; he wants to keep the larger parcels that are closer to his buildings; Steve Depies has made a similar proposal for lots across the road and this proposal should be treated the same, and be considered at the same time. With the majority of PC members against Leider’s proposal the discussion was ended.

Steve Paulus was present to inquire, for the County, about the zoning situation on the corner of Hwy Z and Cigrand (Hwy H) where the County Highway shed is located. The parcel is currently zoned B-1 and should have been zoned P-2. The State and the DNR are requiring that salt be stored and locked, under shelter. The County needs to build such a storage shed soon, and wants to know if the parcel must be rezoned before they can go ahead. Mueller noted that the setback and height requirements in the current ordinances are the same in the B-1 as they are in the P-2; SEWRPC erred in zoning this parcel B-1. Members discussed the issue and felt the County could go ahead and take out a building permit; the zoning issue should be corrected when the new LRP is completed and zoning maps are revised..

MOTION TO ADJOURN Huiras, second Stemper; carried. Meeting adjourned about 8:50 p.m.

_______________________________

Carol A. Mueller, Secretary

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A meeting of the Plan Commission of the Town of Fredonia was held on Thursday, February 5, 2004, in the Waubeka Firehouse meeting room, with Chairman Mueller calling the meeting to order at 7:30 p.m. MEMBERS PRESENT: Chairman Mueller, Tom Armstrong, Brian Huiras, Tom Williams, Chris Janik, Jim Stemper, and the Secretary, Carol A. Mueller. Robert Lederer was unable to attend. This meeting was held in compliance with the Open Meeting Law – copies of the agenda were posted in at least three public places in the Town and e-mailed to The Sounder, Ozaukee Press and Milwaukee Journal Sentinel.

MINUTES of the last PC meeting held on January 8, 2004, were sent to members in advance for their review. MOTION Stemper, second Huiras, to approve the minutes as presented; carried.

Eric and Steve Rathke were present, along with the owners of the property to be rezoned, the Klumbs. Rathke presented copies, for the Town’s files, of all of their reclamation plans currently on file with Ozaukee County. An updated survey map was presented indicating that the original area planned for rezoning, and which extends east from the area currently being mined, now will cover an area of less than 41 acres. This 41 acres is in Sections 2 & 3. The Klumbs did not want to disturb the wooded area close to the lake. Rathke noted they are working with the RR regarding that company’s setback requirements, etc. Several PC and TB members have toured the site involved. MOTION Janik, second Williams, to recommend the TB’s approval of the rezone, from C-2 to M-3, for the 40.88 acres as presented; carried. Operation and reclamation plans presented by Rathke were reviewed by members and it was agreed that Attorney Edgar would draft a Conditional Use Permit based on these plans. It was suggested that numbers 4 & 5 as presented should be combined/revised, to clarify that repairs may be done after hours of operation; include that restoration plans with the County be on file with the Town; ask the attorney for any other suggestions, and have the TB review the proposed terms prior to sending it to the attorney. Rathke’s again inquired about possible changes to the setbacks required by current Town zoning ordinances. Mueller felt this was unlikely to be changed as the Ordinance Committee currently working on revisions was not in favor of this. Road bonds or "per ton fees" were briefly discussed; the attorney will be asked for his input on these issues.

Steve Depies , W3233 Jay Road, owns a 22.65 acre parcel in section 2, west of Mueller Hiller Road and north of Jay Road. Current zoning is legal non-conforming A-1. Steve and his brother Patrick presented a preliminary plan which would create two lots of less than 2 acres each along Mueller Hiller where there are lots zoned R-2, and two larger lots, possibly an 8 and 10 acre, west of Mueller Hiller back to the RR tracks, to be zoned A-2. Their plan followed a natural tree line and swale. PC members discussed various possibilities including: three R-2 lots instead of two, a conservation type layout, selling as one parcel, no more driveways off of Jay road; three, A-2 lots and one, R-2; checking for frontage and sanitary system requirements. Depies said they would consider all suggestions, and wanted to do what would be in the best interests of the Town and themselves. They would like to get something done within the year.

A memo revised January 21, 2004, titled "Cooperative Agreement between the Town of Fredonia, Ozaukee County, and the Southeastern Regional Planning Commission for the Preparation of County and Local Comprehensive Plans", was reviewed by members. The consensus was that "Smart Growth" is not going to go away, the Town will have to have a plan in place, and this agreement is probably the best thing for the Town to take part in at this time, both to save money and get the rewuired plan done by the year 2010 as mandated by the State. MOTION Mueller, second Stemper, to recommend the TB approve the Agreement; carried.

MOTION Williams, second Huiras, to adjourn; carried. Meeting adjourned 8:45 p.m.

_______________________________

Carol A. Mueller, Secretary

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  JANUARY 8, 2004

A meeting of the Plan Commission of the Town of Fredonia was held on Thursday, January 8, 2004, in the Waubeka Firehouse meeting room, with Chairman Mueller calling the meeting to order at 7:30 p.m. MEMBERS PRESENT: Chairman Mueller, Tom Armstrong, Brian Huiras, Robert Lederer, Chris Janik, Jim Stemper, and the Secretary, Carol A. Mueller. Tom Williams was unable to attend. Town Board members attending were Lance Leider and Cathy Stern. This meeting was held in compliance with the Open Meeting Law – copies of the agenda were posted in at least three public places in the Town and e-mailed to The Sounder, Ozaukee Press and Milwaukee Journal Sentinel.

MINUTES of the last PC meeting held on November 6, 2003, were sent to members in advance for their review. MOTION Stemper, second Armstrong, to approve the minutes as presented; carried.

Christine Luft noted her concerns for the A-1 District and the density of the Land Use Plan if another zoning district were to be created. Stern suggested that a new district should not interfere with the new Long Range Plan which will be prepared.

Attorney Jerry Edgar was present to discuss possibilities for a new zoning district, and to hear what ideas PC and TB members had in mind. Edgar noted that it will be important to have an agreement with the Village regarding boundary areas. Ordinance Committee members were not sure how to approach the areas with acreage between the 35 acre A-1 and the 5 acre A-2 to bring them into conformity. Another consideration was to develop conservation or cluster type development ordinances. Members felt this type of development should include Town roads, and keep a reasonable density. Open areas could be controlled by Town ordinances, and enhanced by the developer to be more restrictive, if desired. An ordinance to control mega-farms was also mentioned as something we should incorporate into the new zoning code. The discussion continued until 9:10 p.m. Attorney Edgar will draft something for the Ordinance Committee to review at the end of the month.

Eric and Steve Rathke were present, along with the owners of the property to be rezoned, the Klumbs. A neighboring lot owner, Dennis Hartmann was also present. Rathke’s presented a packet which included a map of the areas to be rezoned, an Operation Plan, and a Reclamation Plan. A letter from the County was included which indicated that they had approved the reclamation plan. The area to be rezoned is an extension to the area currently being mined and extends east into Sections 3 and 2, which is now zoned C-2, and contains approximately 51 acres. Setback requirements of the Town were questioned as Rathke’s would like to mine closer to the road, and build a berm around the area. The DNR and the railroad setback requirements need to be checked into as well. Road bonds were briefly discussed. PC and TB members were asked to visit the site and they agreed to do this tomorrow at 2 p.m. Eric Rathke will provide the Town with a copy (for the Town’s files) of all the reclamation plans on file with the County.

If the Town wants to take part in this study/grant, a letter should be sent to Damon Anderson informing him that we would like to be moved up on the list for reviewing the floodplain boundaries/maps. With the removal of the Waubeka Dam, many residents may be affected by changes in the floodplain boundary lines; this also could affect the cost of their insurance. The Clerk will write to Anderson in this regard.

MOTION to adjourn Lederer, second Huiras; carried. Adjourned at 9:50 p.m.

___________________________

Carol A. Mueller, Secretary

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