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Plan Commission Meeting Minutes
Aug 17, 2010

TOWN OF NEW DENMARK
PLAN COMMISSION MEETNIG

August 17, 2010 at 7:00 p.m.

A meeting of the Plan Commission was called to order on Tuesday, August 17, 2010 at 7:00 pm. by Chairman Krueger. Present: Chairman William Krueger, Paul Huguet, Kathy Janssen, Steve Olsen, Norbert Hansen, Keith Brunner, Francis Rabas and Michelle Wallerius, Clerk.

Advance Construction representative provides timeline for N. Town Hall Bridge project. Work to commence August 25, 2010 and will secure road with appropriate signs and barricades. Brown Cty to provide inspection and Jerry will provide schedule to Brown County.

REVIEW CSM (ND-637-2) for E. VANDENELZEN: CMS presented to Commission for review and consideration. Requesting home be parceled off with 1.5 acres, leaving 30 acres left. Currently zoned Ag-1. Family wishes to proceed in this manner as their father is in an assisted living home and in order to assist with those expenses they intend to sell the home with the 1.5 acres. Remaining acreage could not be built upon without rezoning and parcel remains accessible from both sides. Motion by Paul Huguet and seconded by Norb Hansen to accept the preliminary CSM. MC 7-0.

PROPOSED REVISIONS TO NEW ORGANIC CONDITIONAL USE PERMIT: Correspondence from NEW Organic reviewed. Discussion about testing of private wells for neighboring property owners where waste/by-product is being spread. Steve Olsen states a multitude of test samples would be required to chart or graph changes to depict affects on the water quality. Chairman Krueger states NEW is required to provide a chemical analysis of product that is being moved off-site, so Town is being informed of what product is being land applied . Kathy Janssen inquires if any new complaints have been received. None. Francis Rabas states byproduct being hauled to Manitowoc County. Farms are subject to 590 Management Plan, but industrial waste not held to those standards. DNR and Health Dept were unavailable during Memorial weekend when waste was being land applied. Commission would propose limiting the hauling of byproduct off-site Monday-Thursday, and excluding holidays in order to provide a way to monitor and enforce standards. Francis Rabas questions 2nd page of proposal where NEW wants to provide annual reports January 31st of each year. Town requested quarterly and he wants to see quarterly reporting. NEW did not object and agreed to these conditions when they were originally proposed by the Town. Francis states he has spoken with Atty. Sickel and the municipal court hearing regarding the odor citation is scheduled for August 19th at 6:30 p.m. NEW proposes to pay $125 per day for 4 days to resolve this citation. Plan Commission takes no position on this proposal and would leave that up to the residents who were affected by the odor or they will be required to testify at the hearing on August 19th.

WORKING LANDS INITIATIVES: Kathy Janssen states she has researched this topic and spoke with Allison Volke with DACAP in Madison. If the Town’s Ag land is not certified, farmers will receive $5 an acre tax credit. If certified, farmers will receive $7.50 an acre. To certifying farm land, the Town would need to submit a detailed map designating what land is Ag-1, have a specific AG-1 zoning in place and complete the applicable forms in order for Madison to designate that land AEA – Agricultural Enterprise Area. In order to obtain the $10 per acre tax credit – that is driven by the land owners and the land owners petition the Town for an AG-Enterprise designation in which the Town would sign-off on, submit to Brown Cty and then to Madison. Chairman Krueger states maps must be submitted by August 31, 2010 and it is not certain County will accept. The Town is made of off 2 highways, a river valley and a Village in the middle. County has the authority to reject the Town’s map. Commission believes Forest land would be allowed into the program. Keith Brunner believes this program is more structured for land adjacent to metropolitan areas. Not helping the local farmer. Francis Rabas states the currently Farmland Preservation Program ends in 2012 and the Working Lands Initiative could still change between now and then. Steve Olsen questions if the Town zoning supersedes the County’s. Commission states it does, with the exception a conversion fees would apply. Currently the Town’s ordinance is heavy into Farmland preservation. Francis Rabas proposes they put a map together with current property enrolled in Farmland Preservation and submit those parcels to the County for consideration. Motion by Steve Olsen to recommend the Town submit a map for Working Lands Initiatives which designates all parcels currently enrolled in the Farmland Preservation Program as land designated for Working Lands Initiative. Seconded by Sup. Rabas. MC

Atty. Sickel recommends the Plan Commission make a recommendation to revise the current Zoning Code to allow for 45 days for issuance of building permits when an application is made versus the current 10 day time frame. Plan Commission has recommended a 30 days revision to Atty. Sickel, but it will be some time before those changes are finalized and adopted. Motion by Steve Olsen to recommend the Board adopt a revision to allow 45 days to review building permit applications versus the 10 day time period. Seconded by Norbert Hansen. MC 7-0

Francis Rabas questions if the Town can eliminate the grandfathered parcel clause. Discussion this would be an illegal taking of land rights.

Motion by Steve Olsen to adjourn. Seconded by Keith Brunner. MC

Prepared by: Michelle Wallerius, Clerk



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