A meeting of the Plan Commission of the Town of Fredonia was held on Thursday, December 1, 2005 in the Waubeka Firehouse meeting room with Chairman Mueller calling the meeting to order at 7:34 p.m. and opening with the Pledge of Allegiance. MEMBERS PRESENT: Richard Mueller, Tom Armstrong, Brian Huiras, Robert Lederer and Tom Williams. ABSENT: Chris Janik and Ronald Stadler. 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 November 3, 2005 Plan Comm. meeting were sent to members in advance for review. MOTION Armstrong to approve minutes as presented; second Huiras; carried.

PUBLIC COMMENTS: Karen Retzer requested the names of residents who were contacted on Loraine Court regarding the proposed hobby car race track. She stated that construction of this race track would have an effect on the property values in this area. She further asked what recourse there was should violations occur. Mueller advised that the Town has drawn a Conditional Use Permit in which many of these issued are addressed. Stacy Pintor, a resident on Loraine Court advised that she is able to hear people talking on the hill. She further stated she has a small child who takes naps during the daytime and this could disturb his sleeping pattern. Pintor was also concerned about lighting. Mueller advised further discussion on this matter would be heard during this meeting when Uselding’s Conditional Use Permit was discussed later on this agenda.

FURTHER DISCUSSION REGARDING COMMERCIAL BUILDING INSPECTOR: Lederer advised it would be cheaper to have our own inspector rather than using the State. He advised the State has a minimal amount of inspectors and would be glad if we had our own inspector. MOTION Lederer to recommend Town Board’s approval to hire a Commercial Building Inspector; second Williams; carried.

DISCUSSION REFERENCE PURCHASING OF ST. PAUL’S COMMUNITY CHURCH FOR USE AS TOWN HALL: Armstrong, and Williams both expressed concern over maintenance of the building. Huiras stated a smaller area could be workable. Lederer advised he is not in favor of this proposal and would not like to see the Church altered to fit our needs. MOTION Lederer not to recommend approval to Town Board to purchase the church for Town Hall; second Armstrong; carried.

CONDITIONAL USE PERMIT CHAD USELDING, DBA CRC HOBBIES LLC/ FOR THE CONSTRUCTION & OPERATION OF A HOBBY CAR RACE TRACK AT W3982 HWY H: Chad Uselding was preseny along with his Attorney Brian Mularski. Mularski advised there will be no music and advised that the ordinances would be followed. Stacy Pintor statesd that a poll should be taken for or against this proposed race track. Williams advised people should have been notified as to whether they were for or against. Attorney states there will be no music or additional lighting at the track. Armstrong concerned about neighbors and property values. John Blasczak stated he has a track near his residence on Cedar Valley Rd. and has not seen or heard of any problems. He further stated the noise was not a factor. Armstrong concerned about hours of operation. Williams would like to test the decibel level. Huiras questioned costs. Mueller advised these matters can be further discussed when the Public Hearing is held on January 5, 2006. MOTION Lederer to recommend the Town Board’s approval of the revised Conditional Use Permit with the shortened hours of operation and lighting issues addressed; second Williams; carried.

REQUEST LEIDER FARMS/LANCE LEIDER, LAND DIVISION SPLIT 5 ACRE PARCEL OUT OF A 57 ACRE PARCEL ON HICKORY GROVE RD, SECTION 14, ZONED A-2, C-2 AND SOME C-1. Lance Leider appears on behalf of Rose Hass Leider, property owner and presents copy of plat map indicating location. He advised the property is zoned A-2 and that an easement is needed. Members review location and noted he needs to return for further review and show exact location of easement. Members recommended obtaining a CSM for this property and to return for further review and approval.

ADJOURN: MOTION Williams to adjourn; second Armstrong; carried. Meeting adjourned at 8:35 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, November 3, 2005 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, Chris Janik, Tom Armstrong, Brian Huiras, Ronald Stadler, Tom Williams and Deputy Clerk, Margaret Rabuck. ABSENT: Robert Lederer. 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. At 7:00 p.m. preceding this meeting, Plan Comm. members and interested Town residents (4) met at St. Paul’s Comm. Church to view the structure for possible use as a Town Hall. No recommendation was made.

MINUTES of the Plan Commission meetings held on Oct. 6 and Oct. 13, 2005, were sent to members in advance for review. MOTION Stadler to approve all minutes as presented; second Williams; carried.

PUBLIC COMMENTS: Karen Retzer expressed concern about noise from the proposed hobby car races at Chad Uselding’s business location at W3982 Hwy H, especially after 8:00 p.m. and on weekends. She also questioned how many people were contacted. Doug Winquist expressed the same concerns and said that no one he spoke to on Minnie Ct. was advised of this proposed venture. Numerous concerns were expressed about lighting. Mueller noted that if Uselding didn’t abide by the conditions listed in the Conditional Use Permit, the permit could be revoked. Pat Bialzik questioned why neighbors were not notified. Ken Merz wanted information on Town Business. He was advised to contact the Town Website. Chris Luft questioned size of Town Hall.

Kison distributed information regarding fees for commercial inspections. A percentage of the fees would go to him in payment for his services and a portion of the fees would be retained by the town. An ordinance must be adopted for commercial inspections and the Board would consult with Kison to determine fees. Matter adjourned to December Plan Commission Meeting for further discussion.

Members were in agreement with the rezone. MOTION Armstrong to recommend rezone to Town Board, from M-2 to B-2 for Schwai’s, Big Joe’s and Fredonia Automotive; second Stadler; carried.

REVIEW CONDITIONAL USE PERMIT FOR CHAD USELDING’S CONSTRUCTION AND OPERATION OF A HOBBY CAR RACE TRACK AT W3982 HWY H: Uselding was not present for this review. Stadler felt the matter should be adjourned to December’s meeting. Williams said a letter should be sent notifying Uselding to appear and show verification that he had contacted the neighbors. Janik stated he must be in compliance with the Town’s noise ordinance and that he and the neighbors should reach an agreement on the terms of the conditional use permit. MOTION Williams to send letter to Uselding regarding contact with neighbors and that he bring proof of contact to the next meeting; second Armstrong; carried. Matter adjourned to December’s meeting.

LISA CHIEMELEWSKI HELM REQUEST TO REMOVE DEED RESTRICTION ON 35 ACRE PARCEL SHE OWNS WEST OF N6571 KAY-K RD. SO A SINGLE FAMILY HOME COULD BE CONSTRUCTED: Lisa Chiemelewski Helm was present. Commission members agreed that the A-1 parcel, being 35 acres, would allow for one single family residence per Town ordinance so the

restriction should be removed. MOTION Stadler to recommend to Town Board removal of deed restriction; second Janik; carried.

WAUBEKA FIRE DEPARTMENT WOULD LIKE TO DISCUSS PLACEMENT OF ELECTRONIC SIGN ON NE CORNER OF HWY A & H (ELECTRIC CO. LOT): Chief Peter Wagner appeared on behalf of Waubeka Fire Department and requested placing an electronic sign on the NE corner of Hwy A & H. This sign would be for informational messages regarding fire dept. safety and education. Wagner stated WE energies had no objections. Mueller asked if this was discussed with the neighbors in the area. Janik felt this is the wrong zoning and too close to a residential area. Members referred to Section 17.27 (2)(g) of the Ordinance which states signs are permitted in all districts without a permit; (g) Official signs: such as traffic control, parking restrictions, information, and notices. Armstrong was concerned about the definition of Official for this particular use. Wagner also requested that this matter be on the agenda for the November Town Board meeting, as some of the Dept.s FEMA Grant Funds will be used for the construction and there is a time limit on the use of the funds. Williams questioned this use of FEMA Funds and asked if the WFD would be erecting this sign without those funds. Wagner’s reply was no.

CARROLL PARCHERT, W3458 MEADOWLARK RD, REQUEST FOR LAND DIVISION: No appearance by Parchert, who had called to say that the CSM was not completed.

PERRY PAULUS, N5759 KAY-K ROAD, REQUEST FOR LAND DIVISION: Paulus owns a 220 acre parcel in Section 24, zoned A-1. There are two homes on this one parcel. Paulus would like to split off each home with at least 35 acres and build a new home for himself on the remaining land. Paulus presented 2 CSM’s for review. Proposed lots are 35 acres, 46.24 acres, 50 acres and the remaining lot 92 acres. Mueller noted that all lots meet the requirements of our Town ordinances. MOTION Huiras to recommend the Town Board’s approval of CSM’s as presented; second Williams; carried.

ADJOURN: MOTION Stadler to adjourn; second Armstrong; carried. Meeting adjourned at 8:45 p.m.

Respectfully submitted,

Margaret A Rabuck, Deputy Clerk

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A Special Meeting of the Plan Commission of the Town of Fredonia was held on Thursday, October 13, 2005, in the Town Hall, located at the rear of the Waubeka Fire Department building, W4114 River Street, Waubeka, with Chairman Mueller calling the meeting to order at 7:00 p.m. MEMBERS PRESENT: Richard Mueller, Tom Armstrong, Brian Huiras, Chris Janik, Robert Lederer, Ronald Stadler, Tom Williams and Deputy Clerk, Margaret Rabuck. 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.

This extra meeting was requested by, and will be paid for by St. Paul’s Community Church, located on a lot surrounded by First St. on the east, Memorial Drive on the South, and Cigrand Dr. on the west, in Waubeka. They want to expedite approval of a land division and CSM to separate the parsonage lot from the church lot. The parsonage was for sale and there is an accepted offer; closing is scheduled for October 21, 2005. The entire parcel was zoned R-4, so there was no need for a rezone. This is the second appearance before the Plan Commission, as required per Town zoning ordinances.

Gordon Schaefer, Treasurer for St. Paul’s Community Church presented the CSM for review by members. Schaefer advised the well is with the parsonage and will be shared for the present time. The septic systems are separate. Members agree that all appears to be in order.

MOTION Stadler to recommend approval of the CSM/land division to the Town Board; second Armstrong, carried.

MOTION Stadler to adjourn; second Armstrong, carried. Meeting adjourned at 7:05 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 6, 2005 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, Chris Janik, Tom Armstrong, Brian Huiras, Robert Lederer, Ronald Stadler, Tom Williams and Deputy Clerk Margaret Rabuck. 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 Plan Commission meeting held on September 1st were sent to members in advance for review. Armstrong stated he thought the name of the individual who appeared with Chad Uselding should be in the minutes. Deputy Clerk had contacted Uselding to ask for this person’s name and the minutes will be corrected to read: Attorney Brian Mularski appeared with Uselding. MOTION Stadler to approve minutes with correction, second Armstrong, carried.

PUBLIC COMMENTS: None.

ROGER MAYHEW, W 4535 HWY A, TO PRESENT REVISED CSM WITHOUT DIAGONAL LINE AND WITH 330’ FRONTAGE: No appearance by Mayhew. Notice to be sent to Mayhew for appearance at 7:00 p.m. on October 13, 2005, prior to Public Hearing, for review of revised CSM.

DISCUSS ZONING CHANGES FROM M-2 TO B-2 FOR SCHWAI’S, BIG JOE’S, AND FREDONIA AUTOMOTIVE; CHANGE REQUESTED BY TOWN: Change in zoning is to reflect current (and past) use. Current businesses would be "grandfathered"; any change to current uses would require a CUP. Mueller noted Schwai’s & Fredonia Automotive had phoned to state their agreement for the change. No response has been received from Big Joe’s. Matter to be scheduled for Public Hearing in December, after a second discussion by Plan Commission, and recommendation to Town Board, in November. MOTION Huiras to approve zoning change; second Williams, carried.

REVIEW CSM/PLANS TO SPLIT PARSONAGE FROM ST. PAUL’S COMMUNITY CHURCH (WAUBEKA COMMUNITY CHURCH): Gordon Schaefer, Treasurer of St. Paul’s Community Church presented a CSM. Schaefer stated CSM needs to be corrected as street name is incorrect - should be Memorial Drive not River Street. Correction to be made by surveyor. Schaefer further stated he has an accepted offer on the parsonage pending the land division. Members felt the CSM meets all requirements. The Church zoning, currently R-4, would be addressed when that building is sold. The parsonage would remain zoned R-4. Schaefer said the tentative closing date for sale of parsonage is October 21, 2005. He requested a special meeting of the Plan Commission to approve the CSM; a meeting could be scheduled for Thursday, October 13, 2005 at 7:00 p.m. Fees will be assessed for the special meeting. MOTION Stadler to approve property split; second Williams, carried. The approval of the CSM could then be discussed by the Town Board at their meeting which will follow.

REQUEST BY LISA CHIEMELEWSKI HELM TO REMOVE DEED RESTRICTION ON 35 ACRE PARCEL SHE OWNS WEST OF N6571 KAY-K RD.: Helm would like to be able to use this 35 acre parcel for a single family building site. Helm was present and noted she would like to build a home on the west end of the parcel. She was reminded that she had agreed to the deed restriction, so the parcel could be split, for financing reasons. Stadler felt the restriction should be removed as it meets the A-1 zoning of 35 acres. Armstrong felt the restriction should be taken off when she is ready to build. Matter adjourned to November Plan Commission meeting.

REQUEST FROM REALTOR, SANDRA CARROLL AND PROSPECTIVE BUYER, ROBERT HACKBARTH TO REMOVE DEED RESTRICTION ON LOT 1, AN 11 ACRE PARCEL ON CLOVER VALLEY RD., ZONED A-2; BUYER WANTS TO SPLIT INTO TWO LOTS: Sandra Carroll appeared with Dan Truod of Coldwell Banker. Truod stated each lot could have frontage of 552 feet with one driveway entrance being on Hwy I and the other on Clover Valley Rd. Armstrong stated he is not in favor of removing the deed restriction to split the parcel. Mueller noted the Plan Commission and Board felt this area was better suited for larger parcels when the land division was approved, and therefore the deed restrictions were placed on these parcels. The new zoning category A-3 did not exist at that time. More lots in this area would not follow the Long Range Plan and the surrounding parcels, created at the same time, have the same restrictions. MOTION Armstrong to deny request; second Williams, carried. Vote 6 to 1, with Lederer voting against.

PAUL PACHERT FOR CARROLL PARCHERT, REQUEST FOR LAND DIVISION W3458 MEADOWLARK RD.; THE 5 ACRES IN THE TOWN HAS ZONING OF A-2 AND C-1: Paul Parchert was present and had questions regarding where the 330’ of frontage was measured from. Two homes are now using one driveway (easement). Parchert presented a preliminary sketch. He asked if he could build the home at the back of this parcel and meet the 330’ frontage required in the A-2 zoning district. A revised driveway agreement will be required for three homes using one driveway (easement). Matter adjourned to November meeting at which time Pachert is to bring in a CSM indicating where the home will be built. A poll of members showed all in agreement that the home could be built on the proposed parcel.

PERRY PAULUS N5795 KAY-K RD OWNS 220 ACRES ZONED A-1. THERE ARE CURRENTLY TWO HOMES ON THE PARCEL; HE WANTS TO SPLIT OFF EACH HOME WITH 35 ACRES EACH AND BUILD A NEW HOME ON THE REMAINDER OF THE PARCEL. Perry Paulus presented a sketch of the proposed split indicating the location of the two homes with 35 acres each, and his proposed dwelling. Paulus was advised to get a CSM, keeping in mind each parcel requires 330’ of frontage, and return to the November meeting.

REVIEW PUBLIC PARTICIPATION PLAN: Stadler gave members a handout of the PPP. SEWRPC, the County, and representatives from the Town all had input into this document. PC members agreed with the terms of the PPP. The Town now needs to adopt a Resolution agreeing to follow this Plan. MOTION Stadler to recommend the Town Board’s adoption of a Resolution for the PPP; second Armstrong, carried.

ADJOURN: MOTION Janik to adjourn; second Huiras, carried. Meeting adjourned at 9:17 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, September 1, 2005 in the Waubeka Firehouse meeting room with Chairman Mueller calling the meeting to order at 7:34 p.m. and opening with the Pledge of Allegiance. MEMBERS PRESENT: Richard Mueller, Tom Armstrong, Brian Huiras, Robert Lederer, Ronald Stadler, Tom Williams and Deputy Clerk, Margaret Rabuck. ABSENT: Chris Janik. 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 Plan Comm. meeting held on August 4, 2005 were sent to the members in advance for review. MOTION Williams to approve minutes as written, second Stadler, carried.

PUBLIC COMMENTS: Christine Luft appeared and questioned hours of operation of the proposed hobby car races at Chad Uselding’s CRC Hobbies, LLC, on Sundays. She was advised that the hours of operation would be addressed in a Conditional Use Permit to be discussed at this meeting, and further that this would go to a Public Hearing before being approved.

MARK & KIM NUGENT, W4986 KOHLER DR., SECTION 18; 25.22 AC. PARCEL; ZONED A-2; FURTHER DISCUSSION ON POSSIBILITIES FOR A LAND DIVISION, IF NEW PLANS ARE READY: No appearance by Nugent.

CHAD USELDING DISCUSS AND REVIEW DRAFT CONDITIONAL USE PERMIT TO OPERATE A "HOBBY CAR RACE TRACK: AT HIS BUSINESS LOCATION, W3982 HWY H; DISCUSSION TO INCLUDE POSSIBLE REZONE TO CORRECT THE ZONING FROM M-2 TO B-2 ON THE THREE BUSINESS PARCELS IN THIS AREA (FREDONIA AUTOMOTIVE, BIG JOE’S AND SCHWAI’S): Chad Uselding appeared in person and presented a hobby race car so members could see what they are like. Christine Luft questioned notification of neighboring land owners. She was advised that the Ordinance dictates that all neighboring land owners within 200 ft would be notified, and in this case, due to the noise factor, more neighbors would be notified. Williams questioned the noise level and if decibels are within Ordinance limits. Uselding responded that an expert would be present at the first race, to record decibel levels. The first race would be scheduled for Memorial Day weekend 2006, if the Conditional Use Permit is approved for construction of the race track. He further stated that he believes the level is much lower than the maximum listed in the ordinance. There are approximately 10 cars per race according to Uselding. Mueller read a draft of a Conditional Use Permit, and the only points of further discussion were the hours of operation and open intoxicants. Hours of operation as determined by members, should be as follows: Friday and Saturday 10:00 a.m. to 10:00 p.m., Sunday, 10:00 a.m. to 8:00 p.m., Monday thru Thursday 10:00 a.m. to 9:00 p.m. for testing cars only. No competitive races are to be held Monday thru Thursday. Open intoxicants should be addressed as follows: No alcohol will be allowed on the property, the race track, or in the store, by participants or spectators. Uselding was in agreement with all these terms and conditions. Public Hearing may be postponed to be held in conjunction with rezoning of the business properties in this area on Hwy H. There was no discussion regarding zoning as this time.

NICOLE CARINI, 7395 FREDERICK PLACE, WEST BEND; REVIEW DRAFT CONDITIONAL USE PERMIT, TO CONVERT HER HOME AT N6571 KAY-K RD. FROM A SINGLE FAMILY TO A DUPLEX. DISCUSS ORDINANCE VIOLATIONS AND INSPECTION FEE REQUIRED: Nicole Carini appeared in person and advised that building

p. 1 of 2, Sept. 1’05 PC mtg. minutes

inspector, John Derler, did inspect the property in question. A $200 inspection fee is to be paid. Mueller read Article II of a draft of a Conditional Use Permit. MOTION Armstrong that Board approves the CUP, and the issue should be scheduled for Public Hearing on October 13, 2005, second Stadler, carried.

ROGER MAYHEW, W4535 HWY A, CSM FOR A LAND DIVISION OF HIS 60 ACRE PARCEL IN SECTION 32, AND REZONE OF 10+ ACRES TO A-3: Mayhew appeared in person and presented a CSM indicating splitting off 13.65 acres with the home and out buildings; this parcel would be rezoned to A-3. . Mueller examined the CSM and questioned why there was a diagonal line; he stated the Town prefers straight lines if at all possible when dividing property. Mayhew indicated the balance of the property, 46.35 acres, would remain zoned A-1, as is the land east and west of his parcel. Mueller stated the diagonal line should be straightened as much as possible and still keep 330’ of frontage on both parcels. Stadler is concerned about the rezone as it does not conform to the Long Range Plan presently in effect. MOTION Mueller to recommend the Board’s approval of the CSM, pending the changes noted above; rezone the 13+ acres to A-3; schedule matter for a Public Hearing on October 13, 2005; second Lederer; carried 5 to 1, with Stadler voting against and Janik absent.

LAKESIDE DEVELOPMENT AND OZAUKEE WASHINGTON LAND TRUST TO DISCUSS IDEAS FOR DEVELOPMENT OF THE DOERR PARCELS ON THE NORTH SIDE OF HWY A, AT HWY Y; SECTION 29; PARCEL 1 IS 35 ACRES ZONED A-1 AND C-1. PARCEL 2 IS 63+ ACRES AND IS ZONED A-2 AND C-1, WITH RESTRICTIONS TO PREVENT FURTHER LAND DIVISIONS: Shawn Graft of Oz. Wash Land Trust was present and advised that the plan is for a conservation subdivision to protect the Milwaukee River and the tree line. Chris Frommell of Lakeside Development advised that Doerr would donate approximately 25 acres of the land to the Land Trust to preserve the river area, trees and wetlands. The balance of the land would be parceled out to create approximately 39, 1 acre lots. Mueller asked if any perk tests were conducted on the proposed lot areas. The answer was no. Members conferred and agreed that the proposal, as presented, does not fit the Long Range Plan zoning and density currently suggested for the Town.

DISCUSS PROBABLE "ERROR" IN ZONING ON FOUR PARCELS ALONG RIVERSIDE ROAD. APPROX 500’ EAST OF ROAD IS ZONED R-2: Property owners, Bernier, Weyker, Witta and Baumann appeared. After a brief discussion and examination of the zoning maps, it was determined that the properties were incorrectly zoned; a recommendation will be made to the Board to correct the areas zoned R-2 to A-2. Present owners uses would be grandfathered, but any new owners would have to conform to the current ordinances. All property owners affected agreed to the rezone. MOTION Stadler to recommend re-zone to Board, second Williams; carried.

REVIEW PUBLIC PARTICIPATION PLAN. ADOPTED BY RESOLUTION? IF NOT REVISE AND ADOPT: Stadler advised plan is complete and he will bring it to the Plan Commission meeting in October for review and recommendation to the Town Board for final approval. A resolution needs to be adopted and forwarded to SEWRPC.

ADJOURN: MOTION Lederer to adjourn, second Armstrong; carried. Meeting adjourned at 8:58 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, August 4, 2005 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, Robert Lederer, Tom Williams and Deputy Clerk, Margaret Rabuck. ABSENT: Chris Janik and Ronald Stadler. 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 Plan Comm. meeting held on July 7, 2005 were sent to the members in advance for review. MOTION Huiras to approve minutes as written, second Williams, carried.

PUBLIC COMMENTS: Pat Bialzik appeared and spoke about the deed restriction on the Mark & Kim Nugent property. She is against the restriction being lifted as she doesn’t want a precedence set.

MARK & KIM NUGENT, W4986 KOHLER DR., SECTION 18; 25.22 AC. PARCEL; ZONED A-2; DISCUSSION ON POSSIBLE LAND DIVISION CREATING 3 LOTS AND LIFTING DEED RESTRICTION: Nugent called to cancel-plans not ready yet.

CHAD USELDING TO PRESENT PRELIMINARY PLAN/REQUEST FOR CONDITIONAL USE PERMIT, TO OPERATE A "HOBBY CAR RACE TRACK" AT HIS BUSINESS LOCATION, W3982 HWY H; DISCUSSION TO INCLUDE REZONE TO CORRECT THE ZONING FROM M-2 TO B-2 FOR SEVERAL BUSINESS PARCELS IN THIS AREA (FREDONIA AUTO, BIG JOE’S AND SCHWAI’S): Chad Uselding & Brian Mularski appeared and presented two separate plans for construction of a track to operate hobby car races. Uselding advised that the cars are both gas powered and electric. Members are concerned about noise levels and irritation to neighboring residences. Uselding said noise levels are equal to that of a weed wacker. Uselding stated that he had contacted home owners in the area and only one person objected. He stated he would not run these cars early in the morning or past 8:00 p.m. in the evening. He stated the track would be constructed of a special material so as to eliminate dust. Uselding also advised that the businesses in the immediate area, Big Joe’s and Schwai’s have no objections to a track being built. Members advised Uselding to get more input from surrounding property owners and submit same in writing to the Plan Commission. The Town will work on a draft Conditional Use Permit which will list restrictions on noise levels, hours of operation, parking, no use of lighting and no sale of intoxicating beverages. Matter adjourned to Sept. meeting for further review and zoning changes discussion.

NICOLE CARINI, 7395 FREDERICK PLACE, WEST BEND; PETITION FOR CONDITIONAL USE PERMIT TO CONVERT HER HOME AT N6571 KAY-KAY RD. FROM A SINGLE FAMILY TO A DUPLEX. ZONING IS A-1; SECTION 12; 5.45 ACS. DISCUSS PERMITS & FEES; Nicole Carini appeared and orally gave plans for remodeling her home. She stated that the mound system is fairly new and should be sufficient to accommodate this conversion. Plan Comm. advised her to contact the building inspector. The issue will be addressed at a future meeting once the building inspector has made his evaluation.

CHAD BUBECK, N6697 KAY-K RD., REQUESTING BUILDING PERMIT FOR A GARAGE TO BE BUILT IN THE SIDE YARD, EVEN WITH THE FRONT OF HIS HOME (WHICH DOES NOT MEET THE ROAD SETBACK REQUIREMENT, BUT IS A LEGAL NON- CONFORMING STRUCTURE); GARAGE IS REPLACING AN OLD SHED WHICH WAS

p. 1 of 2, Aug. 4 ’05 PC mtg. minutes

CLOSER TO THE ROAD THAN THE PROPOSED GARAGE WOULD BE: Chad Bubeck

appeared and presented a sketch of the proposed garage. Williams stated that the current ordinance would not allow this construction. Bubeck was advised to request a Board of Appeals Hearing for a possible variance. Hearing will be scheduled for a date at the end of August, at 7:00 p.m; the Clerk will contact members to find out which date they will be available.

ROGER MAYHEW, W4535 HWY A, WOULD LIKE TO DISCUSS A POSSIBLE LAND DIVISION OF HIS 60 ACRE PARCEL IN SECTION 32; SPLIT OFF THE BUILDINGS WITH 5+ ACRES. ZONING IS A-1, WITH SOME C-1 POSSIBLE ON THE SOUTH END OF THE PARCEL: Roger Mayhew appeared in person and advised he would like to split 10 acres with the buildings, from the 60 acre parcel; the 10 acres would be rezoned to the new A-3 zoning category. He further stated he really wants only 1 buyer for the entire 60 acres. Mayhew was given a rezone application form, advised of the fees, and told that a public hearing would be necessary.

RESULTS OF TOWN LONG RANGE PLAN (SMART GROWTH) SURVEY AND PLANS FOR PUBLIC PARTICIPATION IN THE "PLAN": Matter adjourned to September meeting as Stadler was absent this evening.

ADJOURN: MOTION Lederer to adjourn; second Williams; carried. Meeting adjourned at 8:51 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, July 7, 2005, 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. 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 MILWAUKEE JOURNAL SENTINEL.

MINUTES of the Plan Comm. meeting held on June 2, 2005, were sent to the members in advance for review. Janik advised correction to be made - he was absent from this meeting. MOTION Stadler, to approve minutes with correction, second Lederer; carried.

PUBLIC COMMENTS: None.

MARK & KIM NUGENT, W4986 KOHLER DR., SECTION 18, WANT TO SPLIT OFF 5 ACS FROM THEIR 25.22 AC. PARCEL, ZONED A-2, AND CREATE 3 LOTS ON THIS 5 ACRES FOR THEIR CHILDREN; PARCEL WAS DEED RESTRICTED IN ’94 TO ALLOW ONLY ONE RESIDENCE: Mark & Kim Nugent appeared along with Attorney Jeffery Berlin. A petition was filed with the Town, signed by area residents, indicating they have no objection to the deed restriction being lifted. Location of lots, placement of driveways, and road frontages were discussed. Commission members agreed to lift the deed restriction, but Janik and Huiras disagree with the preliminary plan presented as the lots do not meet the required 5 acres for the A-2 zoning. Members advised that the proposed lots could be moved to the west and be increased to 5 acres each. Matter adjourned to next month.

CARROLL PARCHERT, W3458 MEADLOWLARK RD., OWNS A PARCEL WHICH IS PARTLY IN THE VILLAGE AND PART (7.5 ACS) IN THE TOWN. SECTION 34, ZONING IS A-2 AND SOME C-1. HE DESIRES TO SPLIT OFF 2.5 ACS. ON THE TOWN SIDE AND ADD IT TO SOME ACRES ON THE VILLAGE SIDE TO CREATE A PARCEL FOR HIS SON TO BUILD ON. BUILDING WOULD BE IN TOWN: Carroll Parchert appeared and presented a preliminary plan for discussion. Neighboring lot owner, Jeff Liermann, would like an easement from Parchert to access his parcel. Liermann may want to build a home on his parcel in the future, but the Town only allows three homes off of one driveway. Parchert and Liermann will try to resolve this issue. As for Parchert’s land division, the PC felt the zoning was correct to allow this request (Parchert checked with the Village, and their zoning is the same as the Town’s on the part he would like to split off). Mueller reminded Parchert that 330’ of frontage is required. Parchert wants the building/s to be built on that part of the proposed parcel which would be in the Town. Matter adjourned to September 1, 2005, for further review, and discussion regarding a possible easement for Liermann.

DISCUSSION RE: COUNTY AND TOWN LONG RANGE PLAN (SMART GROWTH) SURVEYS AND PUBLIC PARTICIPATION PLAN: SEWRPC Memos dated June 9 and 22, 2005, were given to each member for their review. Town surveys will be presented at the August meeting, along with plans for Public Participation in the Long Range Planning process.

REVIEW REVISIONS TO CUP FOR FREDONIA WIND ENERGY, LLC; MAKE RECOMMENDATION TO TOWN BOARD: Attorney Ed Ritger appeared with Lance Leider. Attorney Ritger reviewed corrections as made by Town Attorney Edgar. Attorney Ritger advised that he made personal contact with immediate neighbors and none expressed any concern over erection of said wind tower. MOTION Stadler to recommend revised CUP for Board approval; second Janik; carried.

BOARD OF APPEALS DECISION RE: PETER WAGNER’S VARIANCE TO BUILD A SHED ON HIS LOT: Tom Armstrong noted that the Board of Appeals granted Peter Wagner’s request for a variance to replace a shed in his rear yard with one that is larger than is allowed in the R-2 district, based on Zoning Ordinance Section 17.28 (f). All other zoning requirements will be met; neighbors who attended the hearing had no objections.

ADJOURN: MOTION Huiras to adjourn; second Armstrong; carried. Meeting adjourned at 9:21 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 2, 2005 in the Waubeka Firehouse meeting room with Chairman Mueller calling the meeting to order at 7:33 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. 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 MILWAUKEE JOURNAL SENTINEL.

MINUTES of the Plan Comm. meeting held on May 5, 2005 were sent to the members in advance for review. MOTION Stadler, second Huiras, to approve minutes; carried.

PUBLIC COMMENTS: Chairman Mueller advised that agenda items # 4, Steven Slesarik, Forever Rafter and item # 8, Margo Durkee, had called to cancel their appearance at tonight’s meeting. Chris Luft stated zoning on land (Hidden Lake Stables parcels) is incorrect and should be A-1 rather than A-2. She stated Board should examine map as it was adopted as A-1. Mueller responded that the land use plan was advisory and the new maps were not adopted due to too many errors noted by residents. The adopted zoning maps are the ones we must use. Zoning cannot be changed without a public hearing.

CHARLES WEYKER, N5970 RIVERSIDE RD. OWNS 15 ACRE PARCEL IN SECTION 19, ZONED R-2 ALONG RIVERSIDE RD AND A-2 TO THE EAST; REQUESTS APPROVAL OF PLAN PRESENTED IN OCTOBER ‘04; DIVIDE 5 ACRES WITH BUILDINGS AND CREATE A 10 ACRE LOT TO THE EAST: Charles Weyker appeared and presented a CSM for review, as well as the soil and site evaluations. Members reviewed same and had no objections. MOTION Lederer to recommend the Town Board’s approval of the CSM as presented: second Huiras; carried.

STEVEN SLESARIK, FOREVER RAFTER: canceled appearance

DRAFT OF CONDITIONAL USE PERMIT FOR CEDAR VALLEY CHEESE TO OPERATE RETAIL STORE ON THEIR PARCEL/ SEPARATE BUILDING WITH BUSINESS OFFICES; ZONED M-2; W3111 JAY RD.: Jeff Hiller appeared and presented Conditional Use Permit request for JW Hiller LLC. Members reviewed the permit and Lederer advised that a second fire number should be obtained as it is a separate facility. Members find draft permit to be acceptable as presented. MOTION Lederer to recommend to Town Board for approval; PH on July 14, 2005; second Armstrong; carried.

PETER WAGNER, N5077 HWY I, DISCUSS ERECTING ACCESSORY BUILDING/GARAGE WHICH EXCEEDS 1200 SQ FT MAXIMUM SIZE ALLOWED IN R-2 ZONING DISTRICT: Peter Wagner presented a preliminary sketch of proposed building. Wagner advised old building would be taken down. He stated his neighbor, Graff, has no objects to this construction. Members advised this would be a matter for the Board of Appeals with Wagner making application for same to get a variance. MOTION Lederer to deny approval; second Huiras; carried. Matter scheduled for Board of Appeals on June 28, 2005 at 7:00 p.m., if members have that date available.

PETER LEDERER, POTENTIAL BUYER OF MCKAY(FORMERLY GRASSE) PARCEL SECTION 28, 6.24 ACRES, ZONED C-2 AND C-1. REQUESTS BUILDING PERMIT TO CONSTRUCT HOME ON PARCEL USING OVERLAY DISTRICTS PER ORD. SECTION 17.06(5). PARCEL EXISTED PRIOR TO ZONING AND WAS CREATED TO BE A BUILDABLE PARCEL: Peter Lederer presented various documents in support of building on this parcel. p. 1 of 2, June 2’05 PC minutes

Members reviewed documents and found all to be acceptable for construction. MOTION Stadler to recommend the Town Board’s approval to issue a building permit for construction of a single family dwelling on this property using the overlay districts per Ordinance 17.06(5); second Huiras; carried.

MARGO DURKEE, N5872 KOHLER RD.: canceled appearance

MARK & KIM NUGENT, W4986 KOHLER DR., SECTION 18, WANT TO SPLIT OFF 5 ACRES FROM THEIR 25.22 ACRE PARCEL, ZONED A-2 AND CREATE 3 LOTS ON THIS 5 ACRES FOR THEIR CHILDREN; PARCEL WAS DEED RESTRICTED IN ’94 TO ALLOW ONLY ONE RESIDENCE: Mark & Kim Nugent presented preliminary plans to split off 5 acs. and divide it into 3 lots of approximately 1.66 acres each. Huiras noted A-2 zoning requires 5 ac.lots. Members said a road would have to be built if there were more than 3 homes off of one driveway. Stadler was against because of the deed restriction. Nugent said they will examine the deed restriction further, as well as considering other options, and expressed interest in an appearance in July.

NICOLE CARINI REQUEST FOR CUP TO CONVERT HOME AT N6571 KAY-K RD. INTO A DUPLEX; ZONING IS A-1: Carini did not appear.

ORDINANCE 2005-3; AMEND CONDITIONAL USES IN A-1 DISTRICT TO INCLUDE WIND TOWERS/TURBINES/ENERGY FACILITIES: Members reviewed the proposed Ordinance and found it to be acceptable as presented. MOTION Stadler to recommend the Town Board’s approval and hold a Public Hearing on July 14th; second Huiras; carried.

REVIEW CUP TO ERECT WIND TOWER ON LEIDER FARMS PARCEL IN SECTION 12; CUP BASED ON PERMIT FROM TOWN OF ASHFORD; ZONING A-1: Attorney Ed Ritger appeared on behalf of Leider Farms. Mueller wondered if there should be an informational meeting prior to the PH. Ritger noted he will talk to the surrounding neighbors prior to the Public Hearing which he would like scheduled for July 14th. He asked that the Town Board not act on the issue until the August meeting. Members reviewed the CUP as drafted by Attorney Ritger.

DISCUSS TOWN’S PLAN FOR PUBLIC PARTICIPATION RE: COUNTY AND TOWN’S SMART GROWTH/LONG RANGE PLAN: Stadler advised a draft will be presented next month.

ADJOURN: MOTION Lederer to adjourn; second Armstrong; carried. Meeting adjourned at 9:30 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 5, 2005 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, Tom Williams and Deputy Clerk Margaret Rabuck. 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 Plan Comm. Meeting held on April 7, 2005 were sent to the members in advance for review. MOTION Stadler, second Williams, to approve minutes; carried.

BEN MCKAY OF THE SOUTH EASTERN WISCONSIN REGIONAL PLANNING COMMISSION (SEWRPC) GUEST SPEAKER ON COUNTY AND TOWN’S LONG RANGE PLAN: McKay presented a brief outline of the County and Town’s Long Range Plans. McKay stated that we may adopt the County Plan, adopt a Model Plan listed in the outline with our own modifications or design our own plan. McKay stressed that SEWRPC is available to assist in the planning for our Town. Once the plan is drafted, a Public Hearing will be scheduled. According to the outline presented, the Town Board should adopt the final plan by March, 2008. Chmn. Mueller requested two members of the Plan Commission work with him on this plan. Stadler and Williams volunteered.

PUBLIC COMMENTS: Christine Luft spoke on road access to Hwy H and speed limits. She advised Plan Commission to contact the County Highway Dept. regarding driveways and that they need to be 300 feet apart. She also asked the Commission to create a Historic District for downtown Waubeka.

APPROVE CSM DAVE GORTON LAND DIVISION; W4156 HWY A SECTION 28, ZONED R-3, TO SPLIT INTO 2 LOTS: Dave Gorton presented the final CSM to the PC members. His existing home is now on parcel 2, and he plans to build a new home on parcel 1. Members reviewed CSM; no objections. MOTION Stadler to recommend the Town Board’s approval, second Huiras; carried.

APPROVE CSM JOHN & JACKIE HESS, W4156 BELGIUM-KOHLER RD., TO SPLIT 5 ACRES WITH HOME AND OUT-BUILDINGS FROM 72.9 ACRE PARCEL AT N6318 PIONEER DR IN SECTION 16, ZONED A-1: John Hess presented a CSM for Plan Comm. approval, showing 5.46 acres with home and out-buildings split from larger parcel. Comm. members reviewed the CSM as presented. MOTION Janik to recommend the Town Board’s approval, second Williams; vote 6 to 1, with Stadler voting against; motion carried.

DAVE TAYLOR, DAVE’S RADIATOR & WELDING, W4816 HWY H; REVIEW DRAFT OF CONDITIONAL USE PERMIT FOR NEW STORAGE BUILDING, SECTION 19; ZONED B-1: Dave Taylor was present. Chairman Mueller read the draft of the Conditional Use Permit. The Town Board will review the draft next week. Plan Commission members and Taylor agreed to the conditions set forth in the permit, as written. MOTION Huiras to recommend the Town Board’s approval; second Armstrong; carried.

STEVEN SLESARIK, FOREVER RAFTER, PRESENT PRELIMINARY PLAN FOR POSSIBLE PURCHASE AND DEVELOPMENT OF THE HIDDEN LAKE STABLES PARCELS OWNED BY DAVID & JUANITA WINTER, N7118 HWY E, SECTION 5. FOUR PARCELS TOTAL 99+ ACRES, ZONING IS A-2 AND C-1: Steve Slesarik presented a plan which would create seven 5+acre lots in the NE section of property. All lots would be a part of the Hidden Lake Association; building sites would be clustered to create as much open space as possible. The existing home would be sectioned off and sold with 5 acres. Access to lots would be via a road as shown on the preliminary plan. Slesarik said he would work with the Town, Ozaukee County and the DNR to create a facility that preserves nature, provides limited number of homes, improves an existing business in the township and increases the tax base with minimal cost to the township. He also plans to upgrade the existing buildings and add an indoor arena, stables and tack room. He intends to enter into an agreement with the DNR to preserve Bee Keepers Bog and the surrounding area. Response by Chairman Mueller that this is considered a subdivision as it has more than 5 lots. Janik states this plan meets the zoning requirements of the A-2 district and the town’s current plan for 5 acre lots. Slesarik said the homes constructed on these proposed lots would be "upper end". Williams also noted that this area is zoned properly for this development. Stadler questioned the number of horses, as the A-2 zoning only allows 1 horse per 2 ½ acres. Carolyn Macklem, a neighboring property owner was present, and said they and other property owners in this area feel their quality of life would be in jeopardy by this type of development in their neighborhood. Joe Goehring another property owner in the area said he would have to grant an easement under the present plan and he is not willing to comply. David Macklem also stated his concerns re: a cluster development and an association which would take over the area and dictate what can and can’t be done. Armstrong felt it was a nice plan but it doesn’t follow our ten year plan. Janik stated that the area is zoned properly for this type of development. Williams felt it was a good plan. Lederer stated that he felt this plan is a subdivision. All members agreed that the location of the road is the biggest issue at this point; Slesarik should revise the plan for further consideration.

PHIL LUNDMAN, W3631 FREDONIA-KOHLER RD., DBA LUNDMAN DEVELOPMENT CORP.: PRESENT A CONCEPT PLAN FOR THE POSSIBLE DEVELOPMENT OF A 29+ ACRE PARCEL OWNED BY PNL INVESTMENT LLC, IN SECTION 27, ACROSS THE ROAD FROM HIS HOME. ZONING IS A-2: Phil Lundman presented a plan for 15 lots. He stated he wants this property to remain in the Town of Fredonia and not be annexed to the Village of Fredonia. The property is zoned A-2 which requires 5 acre lots. Lundman stated he is not in a big hurry to develop the property. Members advised Lundman that this plan does not meet the current zoning.

DISCUSS WHETHER CEDAR VALLEY CHEESE WOULD REQUIRE A ZONING CHANGE OR A CUP TO OPERATE (BUILD OR ADD-ON) A RETAIL STORE/OFFICES AT THEIR CURRENT SITE, W3115 JAY ROAD, ZONED M-2: No appearance by anyone from Cedar Valley Cheese. Armstrong felt that a Conditional Use Permit would be required in this instance. Mueller said he will ask a representative to appear at the next meeting and a CUP could be drafted by then.

CONTINUE DISCUSSION ON REQUEST FROM LANCE LEIDER TO ERECT A WINDTOWER ON HIS PARCEL IN SECTION 12, ON THE EAST SIDE OF HWY 57 (WHERE THE COMMUNICATIONS TOWER IS LOCATED). ZONING IS A-1; DISCUSS POSSIBLE ORDINANCE OR AMENDMENT TO ADDRESS THIS ISSUE: Attorney William Aeschbacher of Ritger Law Office appeared on behalf of Lance Leider. Mueller noted that the Town’s attorney has not contacted him regarding whether we should have a new ordinance, or revise the current ordinance to include wind towers as a conditional use, possibly in the A-1 district. Attorney Aeschbacher presented a sample plan of a Conditional Use Permit from the Town of Ashford. Aeschbacher said he will draw up a CUP for the Plan Commission’s review and discussion at the June meeting.

ADJOURN: MOTION Janik to adjourn, second Huiras; carried. Meeting adjourned at 9:15 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 7, 2005 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, Tom Williams and Deputy Clerk Margaret Rabuck. 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 Plan Comm. meeting held on March 3, 2005 were sent to the members in advance for review. MOTION Huiras, second Stadler, to approve minutes; carried.

PUBLIC COMMENTS: Town Supervisor, Cathy Stern, gave the PC members a list of the dates for the County Comprehensive Planning meetings. Christine Luft reminded the Plan Commission members of the Land Use Plan in effect and encouraged members to work with the Village of Fredonia on border agreements. Griff Rice expressed concern over noise when Camp JCC is in use by campers. He was advised all matters would be addressed at the Public Hearing for the Conditional Use Permit, and he would be notified of same.

REVIEW LAND DIVISION AND REZONE REQUEST FROM Paul Wegner, W3423 Willow Valley Rd. Home and outbuildings to be divided off of the 54+ acre parcel with approximately 7 acres; create another lot of approx. 11 acres and one of 35 acres. Rezone to A-2/A-3 and leave 35 ac. parcel A-1; Section 26, current zoning A-1/C-1: Paul Wegner appeared in person and presented a new survey showing 330’frontage on Lot #2. He noted that he met with the Village of Fredonia PC and they requested that a 33’ road reservation be placed on the survey for the possible, future extension of Fillmore Street. The other 33’ reservation could be done on the adjoining Lanser parcel at some time in the future. Request is to rezone Lots # 1 and 2, to A-2; the 35 acre parcel (Lot #3 and Outlot 1 combined) will remain C-1 and A-1. A Public Hearing will be held next month on this issue. MOTION Mueller to recommend the Town Board’s approval of the land division and rezone as requested; second Huiras; vote 6 to 1, with Stadler voting against; motion carried.

REQUEST FOR LAND DIVISION, DAVID GORTON, W4156 HWY A, SECTION 28, 2.96 ACRES ZONED R-3: David Gorton appeared and presented a plat showing the area and requested a division of his property to build on one lot and sell the remaining lot. He indicated perk tests are in compliance. It was noted that the property is zoned appropriately for this land division. MOTION Huiras to recommend the Town Board’s approval at the May meeting; second Stadler; carried. Gorton will need to bring a CSM to the next PC meeting for approval and recommendation to the Board.

REQUEST JOHN & JACKIE HESS, W4156 BELGIUM-KOHLER RD., TO SPLIT OFF 5 ACRES WITH HOME AND OUT-BUILDINGS FROM THEIR 72.9 ACRE PACEL AT N6318 PIONEER DR. SECTION 16, ZONED A-1: John Hess appeared and displayed a picture of the home. He is requesting that the home and barn be split off with 5 acres. Comment by Stadler that this is not farm consolidation, although Hess owns adjoining parcel as well. Huiras had questions on taxation. Janik and other members would agree with the split as requested. Hess was advised to get a CSM and return to the May Plan Commission meeting.

DISCUSSION RE CONDITIONAL USE PERMIT FOR JCC CAMP LODGE BUILDING FOR YEAR ROUND USE: Richard Gattoni Jr., representing the JCC, appeared and stated that there would be no more than 80 people staying overnight in the proposed lodge, and no permanent residents.

Lederer expressed concern that the actual number of people and their names must be listed for emergency purposes. Gattoni stated they will have an exact count on a roster, and adult supervision. No changes were suggested for the draft of the CUP. MOTION Stadler to recommend the Town Board’s approval of the CUP as drafted, following the Public Hearing to be held in May; second Janik; carried.

DAVID TAYLOR, DAVE’S RADIATOR & WELDING, W4816 HWY H, REQUEST TO TEAR DOWN OLD BLOCK BUILDING AND REPLACE WITH NEW STORAGE BUILDING. SECTION 19; ZONED B-1: Dave Taylor appeared and presented a sketch of his plans. Members felt a CUP would be required and will be drafted for the next meeting.

ERIC PARLOW, BROOKSIDE DEVELOPERS, REVISED PLAN FOR SUBDIVIDING 105 AC. HUIRAS PARCEL ON THE SOUTH SIDE OF FREDONIA-KOHLER RD. SECTION 27, ZONED A-1: Eric Parlow appeared and presented a revised plan showing less density - a total of 29 lots. Parlow indicated he would be willing to drop lot #’s 17 and 18. He indicated he wanted the development to be completed in 1 1/2years. Town resident, Christine Luft, mentioned her concerns re Hwy A/H access. Janik said the concern is what is best for the Town at this time. Stadler doesn’t want parcel split and has concern over water draining into the Milwaukee River. Williams stated rural character is protected with homes in a subdivision, rather than scattered all around. Mueller indicated that the number of lots proposed is not compatible with the Town’s present Long Range Plan.

JACK AKERS, REP. OF SECLUDED LAND CO., COLOMA, WI, DISCUSS PLANS TO REZONE AND DIVIDE THE DOERR PARCELS, HWY A, SECTION 29, ONE PARCEL IS 39+ ACRES ZONED A-1 AND C-1, AND THE OTHER 63 + ACRES ZONED A-2 AND C-1, WITH RESTRICTIONS TO PREVENT FURTHER DIVISIONS; NORTH SIDE OF HWY A, WEST OF HWY Y: Jack Akers appeared and presented an outline of his proposed development on parcel # 1. Parcel # 2 should not be divided again; Doerr agreed to no further divisions when he divided the parcel several years ago. Akers stated he is aware of the present growth plan for the Town and won’t pursue this matter any further at the present time.

REQUEST FROM LANCE LEIDER TO ERECT WINDTOWER ON HIS PARCEL IN SECTION 12, EAST SIDE OF HWY 57 (WHERE COMMUNICATIONS TOWER STANDS); ZONING IS A-1: Attorney Ed Ritger appeared on behalf of Lance Leider and presented a map of the proposed tower location. He indicated the tower would be approximately 400 to 430 feet tall and is able to produce electricity for 500 to 700 homes. The tower would be locally owned and excess generated power would be sold to WE energies. He indicated that only two turbines could be erected at the present time as there is only one substation available to distribute this power. Towers can only be erected east of Hwy 57 due to interference with air traffic from the West Bend Airport. An ordinance will have to be drafted, or amended (possibly a conditional use in the A-1 district), regarding the locating of wind towers. Matter adjourned to May meeting.

FURTHER DISCUSSION RE: HIRING COMMERCIAL BUILDING INSPECTOR. Lederer stated that small projects could be handled by a commercial inspector, using square footage as a fee, with no costs to the Town. Larger buildings would still have to be handled by the State Inspector. Matter adjourned for further information.

ADJOURN: MOTION Huiras, second Armstrong to adjourn; carried. Meeting adjourned at 9:05 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, March 3, 2005 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. 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 MILWAUKEE JOURNAL SENTINEL.

MINUTES of the Plan Comm. Meeting held on February 3, 2005 were sent to the members in advance for review. MOTION Janik, second Huiras, to approve minutes; carried.

PUBLIC COMMENTS: Stacy Kannenberg, a property owner on Cedar Valley, near Jay Rd., expressed concerns about an assisted living home for the elderly, proposed for a ranch home that is for sale on Jay Rd. Her concerns were that it would not be strictly for the elderly, as the State is granting a loan for this facility. She stated that since this would be a State funded facility, the State could dictate who should reside there, for example, people who were ordered to a half-way house as part of their rehabilitation. She stated that she, along with her neighbors, should have been notified of this proposed purchase and its intended use. Chairman Mueller said he had received a telephone call this afternoon advising him that the Offer to Purchase has been withdrawn by the potential buyer, Sally Fritsch. The zoning in this area is incorrect as it is zoned A-1. Mueller stated that this zoning should have been corrected in the 70’s. Other homes in the immediate area are zoned as R-2. Christine Luft stated that the Land Use Plan was not followed and should have been corrected. Mueller said that any change in zoning must be corrected by a Public Hearing. Cathy Stern felt that a committee should be appointed to correct all the zoning errors. Lance Leider stated that the Ordinances should be followed to the letter and that no exceptions should be made. Other residents from this area, who were in attendance, advised they do not want their small (residential use but A-1 zoned) lots rezoned to R-2 at this point in time.

DISCUSS REZONING 2 LOTS ON SE CORNER OF CEDAR VALLEY AND JAY RD (W3465 AND 3485 JAY RD) FROM A-1 WHICH IS PRIME AG, 35 ACRE MINIMUM TO R-2 WHICH IS RESIDENTIAL, MINIMUM 1 ACRE TO CORRECT THE MAP. ONE LOT IS 1.52 ACRES AND THE OTHER 2.5 ACRES AND SHOULD HAVE BEEN CORRECTED WHEN THE LONG RANGE PLAN WAS ADOPTED; SEVERAL SURROUNDING LOTS WERE REZONED TO R-2 IN 1994: Stadler questions problems for future sales. Janik states this has been in existence for some time and feels there is no need to rezone until a situation arises. Lederer felt that by rezoning, the property owner has more protection; if properties are rezoned to R-2 this would eliminate the possibility of the lots being used for agricultural purposes (animals being raised in this area). The general thought of the committee was to take no action on the matter at this time and to deal with each error on an individual basis should a controversy arise.

JEWISH COMMUNITY CENTER REP TO PRESENT PLANS FOR ADDITION TO CAMP PROPERTY OFF OF TRAILS END ROAD: Richard S Gattoni, Jr. Associate Executive Director, was present and presented plans for a 20 unit Lodge for overnight guests, which would house up to 80 people maximum. Lederer asked if a sprinkler system is being installed. Gattoni said it was not needed as the building is below the square footage requirement for this. Gattoni further stated that a supervisor will always be present and know how many people are in the facility and where they are located should an emergency arise. It is the intent of the Camp to use this as a year round facility. Stadler advised that a Conditional Use Permit is needed. The Committee agreed. An application for a CUP was given to Gattoni. The permit should state the capacity, or number of people expected to be present when the facility is in use. p. 1 of 2 Mar. 3 ’05 PC minutes

DISCUSSION REGARDING HIRING A COMMERCIAL BUILDING INSPECTOR: Lederer advised that he spoke to Roger Kison who has expressed an interest in the job if the Town decides to hire a Commercial Inspector. Commercial buildings are presently being inspected by the State. Janik felt there could be a duplication of fees from both the State and Town. Mueller said a fee schedule would be needed and he would research same. Janik further noted that the State becomes involved when the square footage reaches beyond the domain of the Commercial Inspector. Matter adjourned to April meeting for further research.

LAND DIVISION AND REZONE REQUEST PAUL AND DIANE WEGNER, W3423 WILLOW VALLEY RD: Paul Wegner presented revised preliminary plans for review. The parcel is 54.35 acres and is presently zoned A-1. The PC members advised that the proposed lots would have to be rezoned and a Public Hearing would have to be held; the application for rezoning was given to Wegner. The PC members gave preliminary approval to the proposed plans and advised Wegner to contact the Village of Fredonia in case they had objections and to avoid any unforeseen problems; Wegner also needs to correct the proposed Lot # 2, so it has the required 330 foot frontage. Matter adjourned for further review.

ADJOURN: MOTION Huiras, second Stadler to adjourn; carried. Meeting adjourned at 8:52 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, February 3, 2005 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 and Deputy Clerk Margaret Rabuck. ABSENT: Ronald Stadler and 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 Plan Comm. meeting held on December 2, 2004 (no Jan. mtg. was held) were sent to the members in advance for review. MOTION Armstrong, second Huiras, to approve minutes; carried.

PUBLIC COMMENTS: Christine Luft stated we’re in 4^th year of 10 year plan which expires in 2010. This plan should not be altered. Catherine Stern stated that the 35 acre minimum for A-1 parcels is to preserve agricultural lands and this should be followed according to present plan. Dale Krier stated that other Towns welcome development next to other developments. Mueller polled the PC members regarding hearing the proposals from the representative of Brookside Developers as to the development of the Huiras parcel; members agreed to review the proposed plans.

ERIC PARLOW REPRESENTING BROOKSIDE DEVELOPERS, 309 N. WATER ST. MILWAUKEE, APPEARED TO DISCUSS POSSIBILITIES OF DEVELOPMENT ON HUIRAS PROPERTY LOCATED ON SOUTH SIDE OF FREDONIA-KOHLER RD., EAST OF HWY I AND WEST OF CRYSTAL SPRINGS DR. PARCEL IS 105 ACRES AND IS CURRENTLY ZONED A-1: The first plan presented by Parlow was that of a conservation subdivision with 50 to 60 lots, with high-end home sites and views of the Milwaukee River. General consensus of the membership, as well as the general public in attendance, was that this was too much density for this parcel. Parlow then agreed to amend original plan to slightly larger lots, with 3 acre parcels being the largest and 1 ¼ acres being the smallest, for a total of 43 home sites, with lower areas being left open and retention ponds being installed. Janik said they would prefer 5 acre parcels to reduce home site totals to 21 rather than 43. Parlow noted since property is close to Village of Fredonia he would pursue annexation to Village. Christine Luft said annexation to Village would cause problems on roadway entrances and exits. Catherine Stern is concerned about the environmental impact to Crystal Springs Subdivision. Parlow stated there would be no serious impact. Armstrong advised that the Village of Fredonia would likely hesitate to annex this piece of property at the present time due to the fact that they are presently working on the Wolf subdivision. Supr. Leider was also concerned about the proposed number/density of lots. Stemper asked if Brookside Developers were involved in cluster development subdivisions. Parlow replied that they have done cluster developments. Plan Commission members agreed that development is inevitable, but they wish to consult with legal counsel to ensure that all criteria is met prior to development. Further, the current Long Range Plan has 6 years remaining, and that plan only allows for approximately 13 new homes per year. Mueller wondered if Parlow would be willing to develop only a portion of the property at a time, but Parlow did not want to consider that.

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

Respectfully submitted,

Margaret A Rabuck

Deputy Clerk

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