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December 28, 2009 Minutes of Special Meeting of the Town Board
TOWN OF NEW DENMARK
SPECIAL MEETING of the TOWN BD
DECEMBER 28, 2009 at 7:00 p.m.
A special meeting of the Town Board was called to order on Monday, December 28, 2009 at 7:00 p.m. by Chairman Krueger.
NEW BUSINESS
VOTE TO REMOVE OR ENROLL IN WORKING LANDS PROGRAM: Chairman Krueger opens the meeting for public comment. Gary Moore of 5526 Town Hall Road states he reviewed the entire 40 page document as it pertains to this program and he does not the believe the Town can pull out of the program. Additionally, the majority of the land in the Town would not qualify or be eligible. Brown Cty can designate farmland from neighboring counties/municipalities and they are looking for 1,000 acre tracts of land. Does not believe ordinances would need to be changed at this time. He would suggest the Town Bd go along with the program and keep the zoning as it currently is. Town can designate land, but residents still need to sign up for the program to be eligible for the benefits. Sup. Rabas states 47 people are currently enrolled in the Farmland Preservation Program and he has a listing of those residents. Sup. Goetsch states the only risk at this time is if a land owner wanted to rezone between now and then, penalties would be imposed. This is minimal when compared to the tax credits received at this time. Discussion about possible letter to those participating advising of future change. Chairman Krueger states the program does not create a different tax bracket – Ag-1 is still taxed at the same rate. Motion by Sup. Goetsch to work with Brown County over the next several months and not make any changes as this time. Seconded by Sup. Rabas. MC
REQUEST TO CLARIFY IF PARCELS ND-176-2 & ND-309 ARE BUILDABLE WITH 35 ACRES: Wade Berger presents Plat of Survey which depicts property from ND-309 was added to ND-176-2 to acquire 35.190 acres (Parcel A) and property was purchased from ND-313 and added to ND-309 to acquire 35.190 acres (Parcel B). Sup. Rabas states he spoke with Town’s Association lawyer and the Town should follow the law that was in effect when homes were initially built. The land that the home was built on stays with the home site and should be counted toward that acreage. Atty. Sickel submits letter of opinion and historical overview of properties in question. In his opinion the prior Town Board approved the land division in 1993 when it approved ND-176-1 w/ 2.22 acres and at the same time created ND-176-2 with 3 acres. 31.929 acres is what was left of ND-176-2 after approval of those land divisions. The new Plat of Survey which enlarges parcels ND-176-2 and ND-309 was recorded on December 9, 2009. Atty. Sickel states in 1993 the prior Board approved the rezoning of 2 lots to Ag-R and for that reason does not prevent Mr. Berger from obtaining additional property to conform to the zoning standards of 35 acres and 500 feet of road frontage. Mr. Berger clarifies that Lot 2 was created in 1993, but Lot 1 was created in 2002 and the property lines were changed in 2003. Atty. Sickel states the Register of Deeds shows that both lots were recorded in 1993. Sup. Rabas states in speaking with Brown County and the State, the Board should be consistent. Sup. Rabas believes the Town always operated on this rule that if a parcel is split it is counted toward that 35 acre minimum. Mr. Berger states the parcel was zoned off to create an Ag-R parcel and was advised that it could be split for a new home. Sup. Goetsch questions if Parcel B is technically less then 35 acres (34.119 w/out the right-of-way). Question if road is deeded to County. Steve Zeitler prepared the Plat of Survey and the right-of-way is considered an easement and attached to the plat even though it is not taxed. Sup. Rabas states adjusting property lines and creating new parcels is not consistent with Town procedure. P. 32 of Zoning Code allows for a minimum of 35 acres. Sup. Goetsch states the Town accepted prior CSMs, the problem stems from 1993. Lots were never created under the Farmland Preservation Act. Discussion if purchasing additional property and adjusting lot lines is appropriate. Mr. Berger states this was common practice back in 1993. The lots were rezoned to Ag-R. Sup. Goetsch inquires what the zoning is for ND-313 as zoning needs to be the same Ag-1. A parcel cannot have two different zonings and may need to be referred to the Plan Commission. Unable to determine zoning from Official Zoning Map. Ms. Berger inquires what the Plan Commission’s actions would be if ND-313 was zoned Ag-R vs. Ag-1. As a member of that Commission, Sup. Rabas cannot speak on their behalf. Chairman Krueger believes they are re-creating a new parcel and this goes against current practice. Sup. Rabas believes more information is needed and it should be referred to the Plan Commission to determine the appropriate zoning of ND-313. A request for a signed Plat of Survey would be required in order to address discrepancies in acreage of Parcels A and B (35.190 or 35.194). The Plat of Survey and Deed need to be consistent. If additional parcels are created, County Hwy T would need to conform to a width of 70 ft. Motion by Sup. Rabas to refer to Plan Commission to 1) determine the width of road; 2) determine zoning of ND-313 (Ag-R or Ag-1; 3) Verify Size of Parcel A and Parcel B and 4) whether road is deeded to County.
INFORMATIONAL BUILDING PERMITS/CULVERT PERMITS: Joyce VanderKinter’s request for a 8x11 shed at 4864 Cty Hwy R. Map was omitted with initial request and now attached. Sup. Rabas believes this shed is already constructed. Setbacks reviewed and approved by Norb Buresh. Motion by Sup. Rabas and seconded by Sup. Goetsch to accept. MC Letter from Ginger Smith as to pending offer to purchase for property located at 4775 Stagecoach Road. Closing date set for 2/15/10. Motion by Sup. Goetsch and seconded by Sup. Rabas to conditionally approve proposed addition upon closing.
PAYMENT/REIMBURSEMENT TO BROWN COUNTY BRIDGE FUND Motion by Sup. Goetsch and seconded by Sup. Rabas to reimburse Brown County $56,017.58 for Park Road Bridge expense and culvert replacement on Steve’s Cheese Road which will supplement the Town Bridge Fund. Payment in the amount of $26,405.88 authorized to Wisconsin DOT for invoices incurred for Park Road Bridge repairs. MC
Motion by Sup. Goetsch and seconded by Sup. Rabas to adjourn at 8:10 p.m. MC
Prepared by: Michelle Wallerius, Clerk
Approved: January 11, 2010
Archive:
July 20, 2010 Plan Commission Meeting Minutes
June 15, 2010 Plan Commission Meeting Minutes
June 14, 2010 Regular Monthly Meeting for June
May 18, 2010 Special Town Bd Meeting - Garbage/Recycling contract
May 4, 2010 Regular Monthly Meeting
April 20, 2010 Plan Commission - Zoning Code Updates
April 13, 2010 Draft - 2010 Annual Meeting Minutes
April 12, 2010 Regular Monthly Meeting
March 30, 2010 Plan Commission - Zoning Updates
March 16, 2010 Plan Commission Mtg - Peterson & Zoning Code Updates