Loading...
HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 8/20/2020 Page 1 of 4 ZC Planning and Zoning Public Hearing and Meeting – August 20, 2020 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING AUGUST 20, 2020 1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:00 pm. 2. Roll Call: Ray, Rondeau, Silbert, Strand and Zepczyk – all present. Others present were: Director-Rob Schierman, Tracy Pooler-AZA, Todd Norwood-AZA, and Krystal Hagstrom - Secretary. Rondeau stated the Kelly Lewis item has been removed and rescheduled for February. During public comment if anyone would like to speak on this he will allow 3 minutes. 3. Affidavit of Publication: Schierman showed the audience the affidavit of publication and the certified mailing receipts. 4. Public Comment – 3 minutes per citizen James Angster, property owner on Millicent Point Dr, is opposed to the Kelly Lewis conditional use permit. There were 50 people at the Town meeting that were against it and some of those people are here today. The fact that the applicant asked to reschedule to February to discourage property owner from voicing their opinion is cynical. We that are opposed will be drafting letters of opposition addressing our concerns. He is a psychologist and having a mining operation in the area would be detrimental to the health of the neighbors. (he handed two letters to be part of the file see exhibit A & B). 5. Review of Meeting Format – Chairman Rondeau explained the procedure of the meeting. He asked everyone who wished to speak to fill out a form; and stated they will be asked to come forward and speak into the microphone. 6. Public Hearing: A. Roger & Leah Cardoni (Bayfield) – rezone from Ag-1 to R-RB [a 7-acre parcel (Tax ID #4310), described as E ½ of the E ½ of SW ¼ of the NW ¼ & part of Lot 16 Bayfield Peninsula Fruit Lands Less par in V.980 P.425, Section 1, Township 50 North, Range 4 West, Town of Bayfield, Bayfield County, WI] Rondeau asked if anyone would like to speak in favor of the request. Roger Cardoni spoke on behalf of the request explaining he would like to rezone to R-RB and at the Town level they approved to rezone to R-1 as that is what the future land use maps indicate. No one spoke in support or opposition. Discussion ended. Page 2 of 4 ZC Planning and Zoning Public Hearing and Meeting – August 20, 2020 B. Kelly Lewis (Iron River) – rec plan [a 40-acre parcel (Tax ID #19722), described as NE ¼ of the NE ¼ Section 27, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Item removed from agenda. C. Kelly Lewis (Iron River) – EIA & non-metallic mine [a 40-acre parcel (Tax ID #19722), described as NE ¼ of the NE ¼ Section 27, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Item removed from agenda. D. James & Shirley Morey (Namakagon) – EIA & multiple unit development (consisting of 4 residences) [a 3.67-acre parcel (Tax ID #24480), described as Lot 1 of CSM #1995 in V.11 P.383 (Located in Govt Lot 3) in Doc2020R-583573, Section 9, Township 43 North, Range 6 West, Town of Namakagon, Bayfield County, WI] Rondeau asked if anyone would like to speak in favor of the request. Phillip Dezelar spoke in support stating they just purchased this property from the Morey’s and would like to add more cabins to the property to be able to use as a summer retreat for the family to enjoy. Rondeau asked if anyone would like to speak in opposition of the request. Jerry Koltschele spoke in opposition stating this property should stay as a single- family unit like the surrounding properties and there is concerns for the wetland that is in between his property and theirs. There is also not enough square footage for all these buildings. Discussion ended. 7. Adjournment of Public Hearing: Strand made a motion to adjourn, Zepczyk seconded. Motion carried. Adjourned at 4:11 pm. 8. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:11 pm. 9. Roll Call: Ray, Rondeau, Silbert, Strand and Zepczyk –all present. Others present were: Director-Rob Schierman, Tracy Pooler-AZA, Todd Norwood-AZA, and Krystal Hagstrom - Secretary. 10. Business: A. Roger & Leah Cardoni (Bayfield) – rezone from Ag-1 to R-RB [a 7-acre parcel (Tax ID #4310), described as E ½ of the E ½ of SW ¼ of the NW ¼ & part of Lot 16 Bayfield Peninsula Fruit Lands Less par in V.980 P.425, Section 1, Township 50 North, Range 4 West, Town of Bayfield, Bayfield County, WI] Page 3 of 4 ZC Planning and Zoning Public Hearing and Meeting – August 20, 2020 Schierman stated there is Town Board Approval but approved to change to R-1 not R-RB. Cardoni stated that is fine with him he just needs to meet setbacks. Strand asked if the rental is permitted. Norwood stated he has held on to the application due to the fact that he doesn’t meet the setbacks to have a bunkhouse. That is the reasoning for the rezone then once that is approved, he will be able to approve and issue the short-term rental permit. Silbert motioned to recommend approval to R-1 based on Town Board Approval, that it meets the Comprehensive Plan, community and general welfare. Strand seconded. No further discussion. Motion carried. 5/0 B. Kelly Lewis (Iron River) – rec plan [a 40-acre parcel (Tax ID #19722), described as NE ¼ of the NE ¼ Section 27, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Item removed from agenda. C. Kelly Lewis (Iron River) – EIA & non-metallic mine [a 40-acre parcel (Tax ID #19722), described as NE ¼ of the NE ¼ Section 27, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Item removed from agenda. D. James & Shirley Morey (Namakagon) – EIA & multiple unit development (consisting of 4 residences) [a 3.67-acre parcel (Tax ID #24480), described as Lot 1 of CSM #1995 in V.11 P.383 (Located in Govt Lot 3) in Doc2020R-583573, Section 9, Township 43 North, Range 6 West, Town of Namakagon, Bayfield County, WI] Schierman stated the Town recommended disapproval as it is noncompliant with comprehensive plan and 6 additional concerns. 1. The Conditional Use permit application for James and Shirley Morey and Phillip Dezeler is denied as it does not meet the Comprehensive Plan due to the following Goals stated in the plan. a. 10.6.1, Conserve, protect, manage, and enhance the town's natural resources, including but not limited to, lakes, rivers/streams, wetlands, groundwater, forestlands, and other wildlife habitats in order to provide the highest quality of life for Town of Namakagon citizens and visitors. b. 10.6.1 .G.4, Encourage "low impact" development that strives to retain natural vegetation. c. 10.7.1.0.2, Promote light-imprint standards that will provide standards for minimizing the environmental impact on residential and commercial uses. 2. Seven (7) adjacent landowners were notified of this conditional use permit request. Six (6) out of the seven (7) objected to this permit either in person, by phone or with written disapproval. The two (2) written disapprovals are attached. 3. As per Bayfield County Ordinance, there needs to be 30,000 sq. ft. of open space per residence, and this situation does not comply with that requirement. Page 4 of 4 ZC Planning and Zoning Public Hearing and Meeting – August 20, 2020 4. Upon viewing the residence there were no stakes or markings set at the location, which is required, therefore the Town Board and Plan Commission members could not identify the layout of the plans. 5. There are wetlands in that area, and there is concern about the run-off into the wetland areas. 6. There was no information regarding the septic system. There were concerns about increasing the septic to meet the demands of four (4) residence, rather than the two (2) that already exists. Schierman added there are additional letters from neighboring property owners addressing concerns about wetlands, septic issues, open space, the need for a delineation, and negatively effecting the environment. Silbert asked if there was a wetland delineation done on the property and Schierman stated no. Strand motioned to deny based on Town Board recommendation and that it doesn’t meet the comprehensive plan, relevant public comment, and potential adverse and overcrowding of natural resources. Ray seconded. No further discussion. Motion carried. 5/0 E. Minutes from the previous meeting (July 16, 2020) Strand motioned to approve as presented. Zepzyk seconded. No further discussion. Motion carried. 5/0 11. Monthly Report Schierman stated land use is up by 77 permits and sanitary is up by 48 permits compared to last year. Department took in $185,837 in fees that is $26,878 ahead of last year. Permitted $2,691,000 worth of projects in Bayfield County Silbert motioned to receive and place on file, Ray seconded. No further discussion. Motion carried. 5/0 12. Adjournment Rondeau called adjournment at 4:25 pm. Prepared by KMH on 8/21/2020; given to RDS 8/21/2020 Approved by RDS on 9/23/2020 Sent to ZC on 9/23/2020 Final Approval on 10/15/2020 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2020/#8 August %^CL So^\^3^(^ g'a^oC^b ^CTn^ JAMES B. ANGSTER, Ph.D. LICENSED CLINICAL PSYCHOLOGIST PSYCHOTHERAPYPSYCHOLOGICAL TESTFNG CLINICAL SUPERVISION AND TRAINING L^ij J^ MAILING ADDRESS: 1513WESTWOODAVE RICHMOND, VIRGINIA 23227 PHONE: 804-564-1900 E-MAIL; jimanesterfttivahoo.com August 20, 2020 Bayfield County Board of Supervisors 117 East 5th Street PO Box 878 Washburn, WI 54890 Re: Application for Conditional Use Permit (See Attached Copy) Requested by Ralph Frostman Property Owner: Kelly A. Lewis Dear Sirs and Madam: I am writing as at home owner at 65430 Millicent Point Drive, Hart Lake, Iron River, Wisconsin, 54847. I am voicing concerns about the potential psychological and physical impact of noise pollution generated as the result of the above named Conditional Use Permit proposal. I learned at the Iron River Planning Commission Meeting conducted on 08-12-2020 that noise pollution generated by the rock crushing operation could impact numerous residents in the Pike Lake Chain region up to 68 hours a week. Non-empirically validated noise abatement techniques were described as possible additions to the Conditional Use Permit Application. Even with the utilization of these untested abatements, the Authorized Agent, Mike Furtak,, admitted noise exposure could still occur "from sound bouncing off of clouds". Attached are references to two scholarly articles investigating the psychological and physical impact of prolonged noise pollution. (Murphy, E., King, E. Environmental Noise Pollution: Noise Mapping, Public Health, and Policy. Burlington, MA: Elsevier Press, 2014 (https://books.eooele.com/books?hl=en&lr=&id=_bPrAeAAOBAJ&oi=fnd&pe=PPl&dq=noise +poHution+research&ots=OtY3p3fpYt&sie=qTL3ZOSUH4n- oZvkioqFvDRCtUY#v=onepage&q=noise%20pollution%20research&f=false) and Stansfeld, S. Matheson, M. P. Noise pollution: non-auditory effects on health. British Medical Bulletin, Volume 68, Issue 1, December 2003, Pages 243 - 257 (https://academic.oup.com/bmb/article/68/l/243/421340).