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Planning Commission Meeting January 13, 2010 Present: Chairman Specht, Jim Collis, Margaret Miller, Audrey Scholl, Roger Bean, Zoning Administrator William Bruce, Attorney William Curran. Guests- Steve Gillespie Meeting called to order by Chairman Specht at 5:30 p.m. Roll call taken, quorum present. Meeting was posted in 4 places- Town Hall, Buckhorn Store, Germantown Junction Store and the Landing. Minutes of the November 11 meeting and the December 10th Public Hearing and Meeting. Motion made by Roger Bean to approve the November 11, 2009 meeting minutes. Second Margaret Miller . Motion carried. Motion made by Jim Collis to approve the December 10th meting minutes. Second by Audrey Scholl. Motion carried. Roger Bean – correction Mr. Specht is the Planning Commission Chairman not the Zoning Chairman. Chairman Specht – for the agenda we have the option to proceed in any order. Outdoor wood burning furnaces- Chairman called on Steve Gillespie for comments on outdoor wood burners. Mr. Gillespie has checked with other communities and has found that many have gone forward with success. Discuss how comprehensive in an ordinance we need to be v/s unrestricted. William Bruce- The model ordinance does not include campfires and wood burning.. It is needed for uncontrolled burning. Steve Gillespie-Definition: Outdoor Wood Boiler/ Furnace Stove- an outdoor wood boiler (OWB) means an accessory structure or appliance capable of being installed out of doors and designed to transfer or provide heat, via liquid or other means, through the burning of wood or any other non-gaseous or non liquid fuels for heating spaces other than where such structure or appliance is located, any other structure or appliance on the premises, or for heating homes, swimming pool, hot tub or Jacuzzi water. Outdoor wood boilers do not include a fire pit or wood fired Barbecue. 1. An OWB may be installed and used in the Town of Germantown only in accordance with the following provisions: The OWB shall not be used to burn any prohibited materials listed by the DNR The OWB shall be located at least 350 feet from the nearest property line. The OWB shall have a chimney that extents at least 15 feet above the ground surface. If there are any residences within 500 feet of the OWB, the chimney shall also extend at least as high above ground surface as the height of the roofs of all such residences. Mr. Gillespie explained they look like a small shed and have lines underground that hold the liquid, going inside to furnace, forced air. Can heat hot water tanks. Mostly they burn wood and run around the clock thru May. We have two ways to approach this- time spent convincing people of the dangers of the heavy smoke. Breathing th smoke day in and day out is bad for you. Like forest fires it lingers Chairman Specht-Other approach is fire danger, working on fire danger mitigation. William Bruce- they are two different subjects. Now we are looking at controlled open burning Chairman Specht- could be combined and addressed at the same time. Steve Gillespie- Was interesting to go online to look for information and received the same information from the town at the same time. Chairman Specht- My take on the whole issue- deal with at the same time. Steve Gillespie- Some Towns have eliminated the burners all together. If in an area with no issues with the neighbors that is one thing. In the subdivisions we could have one every 50 ft.. We should list in the ordinance what not to burn. Some Towns approach by acreage. Smoke stacks at 350 feet apart, there is chance for disbursement of smoke. In Copper Point smoke stack is tall- have as high as roof lines of homes. In home v/s outdoor furnaces. In outdoor furnaces lower temp burning is less efficient and more pollutants. Grandfather what is already there and go forward. William Bruce- One in Whitetail Ridge. Steve Gillespie- one on 29th St. Chairman Specht- General feeling of Planning Commission we are at the mercy of the County, State, Fire Wardens. Village of Necedah does not have an Ordinance. They have some of the smallest lots and densely populated. Can take this step by step with the model ordinance. Easier to critique. The lead in is important. William Bruce – another way to look at- if not properly installed could cause fire, potential for disastrous fire. Look to protect the environment and protect the citizens. Discuss Accessory Structure, ARO setbacks. William Bruce- Setbacks are different in different areas. William Curran- Have to have a purpose- reason for more setback. William Bruce- can focus on possibly burning the neighborhood down. Audrey Scholl- Do they create more pollution than regular wood burners? Steve Gillespie- Will leave papers with information- chemical contents- health concerns- this is a quality of life issue. William Curran- 1.opening paragraph is important. 2. Plan Committee include information on pollution. 3. guidelines not arbitrary if DNR recommends Margaret Miller- in her experience chimneys have to be 15 foot above rooftop. William Bruce- Does the Planning Commission recommend going forward on the proposed ordinance? Chairman Specht- Well covered tonight, subject to change or discussions. Jim Collis- Will the DNR recommendations be included? William Bruce- yes. Roger Bean- This is a General Burning Ordinance- will we be including all or piecemeal. It? William Bruce- intent to piecemeal. Looking at burn ban other than campfires. Roger Bean which parts keeping? William Bruce- haven’t made decision yet. Emergency Management will go through and find what is applicable to our area. What we have to look at is comprehensive. Roger Bean- We need to define. If these stoves are sold throughout the country- there must be a reason. We need balance from both sides. Chairman Specht- we have millions of dead oak in the area and safety is high priority. William Bruce- Global warming could be argued- burning fossil fuels- this all could be argued six ways to Sunday. Jim Collis- Will you leave in burning allowed when more than six inches of snow? William Bruce- Burning violation even with snow on the ground. Need to use common sense. Roger Bean- Is Mauston and Elroy against? William Bruce- Yes, they have a more comprehensive plans. Roger Bean- When you get into 300 feet you need 11/2 acres maybe two, have to have more acreage. William Bruce- Have to look at distances. Eliminates 80% of the lots in the Town. This has to be addressed. Chairman Specht- next step is for Emergency Management to work with the DNR and put together a draft ordinance. William Bruce- Emergency Management will be making a presentation to the Property Owners, hopefully is June. Discuss high dangerous area including the Town of Germantown. Roger Bean discussed plan in place with the DNR. William Bruce- plan is for disaster, after the fact, not prevention. Audrey Scholl-discussed hazardous fire area. Jim Collis- The people who control the fire ban now do not always use common sense. Chairman Specht- discuss restrictions on dangerous activities. Roger Bean- Incorporate in Ordinance. Chairman Specht- work with Model Ordinance- address outdoor/open burning. Table outdoor wood burning furnaces till William Bruce has phase two completed and then bring back. Review possible revision MVP William Bruce reported that the Board passed the fence ordinance last night. MVP asked for a thirty day extension on passing the MVP addition to the Ordinance. They are getting a new attorney and would like him to have time to review. The Board granted the extension. Possible revision to Zoning Ordinance –Roger Bean Discuss language Town Center versus other. There are some differences. Would like to see Committee look at, goal would be to eliminate. William Bruce objects to elimination. Would like to see expanded. Town Center District prohibits auxiliary structures without dwelling. Keeps the residential environment. Roger Bean- look at differences and similarities, penalties for living in the Town Center. Chairman Specht- eliminate- not fair to penalize. William Curran-3.04 9 was crated with thoughts of future use by the Sanitary District. Wisconsin River Power Company controlled development. Put a million dollars into the sanitary district- higher density of growth, O’Dells Bay and Half Moon Bay. Now large explosion of development since 2003. This Ordinance was put together when Half Moon Bay was on the door step. Roger Bean- Instead of Town Center overlay add better points to ARO. Chairman Specht- questions now about businesses in ARO. Times have dramatically changes. A lot of businesses are run out of home, many commercial, example -cottage keepers. Discuss Pavloski’s large building. Discuss commercial buildings, building home first. William Curran- it is vitally important to review Ordinance regularly. Suggest review the Master Plan, update the Ordinances from time to time. Look at Land Use Policy Plan, Policy statements, General Basics Chairman Specht- need to be addressed again. William Bruce- we have kept as generic as possible, ordinance can define. William Curran- example- 2003 changes, another change-residential lots created, If analysis- rate of build on. Commercial growth relies on new growth. If you build too soon you’re dead, If you wait too long someone gets in ahead of you. Need to decide if commercial services should be clustered, or if that is important or not. Chairman Specht- Energy costs to travel to shops- keep in local area. William Bruce-comments about community feel in area. Jim Collis- commercial areas along main highways. Away from everything. Audrey Scholl- how long before see the developments developed? Commercial couldn’t support itself. Roger Bean- general- traffic flows- good to promote areas- look in a crystal ball. Mater Land Use Plan. William Bruce- last year had a call from developers looking to do a water park, explained the procedures and they never called back. William Curran-not about changing- refresh thought process, growth continues. William Bruce- need flexibility. Chairman Specht- If wanted a motel- it is prohibited. Need certain acreage. William Curran- discussed Armania- Bayrest put in 4 or 8 unit motel and was financial success. Size is not the question. William Bruce- Property gets zoned commercial before the Planning Commission. Conditional Use controls what goes in. Discuss area with 4 cabins. Wants a trailer park area. Would go before the Planning Commission for a Conditional Use. We have a provision to make modification. William Curran- Original PUD at Beall’s left room for motel. Motel Unit versus residential unit- figures into density limits. William Bruce- there are steps to take. Chairman Specht- South Shore area difficult to do a motel. The World has changed and we need to address the issues like Cottage Keepers. Most subdivisions have covenants. Out of control crowds versus rental. Roger Bean- Enforcement- how to make sure we can enforce. Woodside Ranch sports center will be a boost to Juneau County. People will come and look at the area. William Bruce- we need to put together our thoughts for the next meeting. Chairman Specht- Start with the Master Plan. Roger Bean would like to address the Town Center and Agriculture, Residential Open Space Districts. Chairman Specht- the area has completely changed. William Bruce sees one section left for development. William Curran- Residents here were not interested in urban living. Wanted protection from subdivisions. Roger Bean- Policy was written in 1989? We can replace or choose not to. William Curran- the ordinance deserves review. Roger Bean- need to decide first what it will be. William Bruce- Replace with Comprehensive Plan. We have that in place. Master Plan, State Shoreland policy is County plan and they have to replace this year. Roger Bean- do we talk about Shoreland in the Comprehensive Plan? William Bruce – was discussed in Smart Growth but is a County Issue. William Curran- should contact other towns and see what they have. Easier if look at what is done. Chairman Specht- Can we use Comprehensive Plan for the Master Plan now? William Curran- before review see what others have for plan. Chairman Specht- put on agenda- review Comprehensive and Master Plans.. MVP- proposed changes. William Bruce- MVP seems content with what we have, just want new attorney to review. Discuss other areas similar to our concerns- Petenwell? No. Sauk is done by their County. Lake Wisconsin- from 1990 to 2005 their area has really grown. West Point, Lodi, Decorah, talk to our assessor. Next meeting date- Chairman Specht- Comprehensive Plan/Master Plan William Bruce- will review what others have for plans. Contact Claude- Town Assessor and Mike Slavney from Vadewalle Roger Bean- Contact Larry Koopman and Town of Rome. William Bruce- coming up are proposed changes to 4th Addition of Copper Point- not major- changing lots, giving specific locations of the lots. Roger-Should invite Larry Koopman to the next meeting when he talks with him. Next Meeting Second Wednesday in February. February 10 at 5:30 p.m. Motion to adjourn was made by Jim Collis. Second Margaret Miller. Motion carried Respectfully Submitted Marion L. Uphoff