Zoning Board of Appeals 02-1995CORRECTED TWICE
CITY OF MUSKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON MARCH 23, 1995.
PRESENT: Chairman Don Pionek, Mr. Gerald Fohr, Mr. Darryl
Rowinski, Mr. Henry Schneiker, Mr. Dan Schepp, Mr. Dave
Warhanek, Mr. Matt Sadowski, and Mr. Carlos Trejo.
ABSENT: Terry O'Neil.
MINUTES: Mr. Fohr made the motion to accept the minutes from the
February 23, 1995 meeting. Mr. Schepp seconded. Upon a voice
vote the motion to adopt passed unanimously.
NEW BUSINESS
Appeal #2-95 - Boehm Construction, Meadow Green West Addition
No. 2 Subdivision, Muskego, Wisconsin. Chairman Pionek read the
appeal for Ms. Pamela A. Boehm. Requesting an appeal to an
administrative decision rendered under the authority of Section
29.06(6) Permit Conditions establishing the required dollar amount
for a surety bond for an erosion control permit. Bond amount was
set at $46,940, petitioner seeks to post a bond in the amount of
$10,080 or $11,300.
Chairman Pionek swore in both Mr. Greg Boehm and Ms. Pamela
Boehm, representing Boehm Construction, and Mr. Tom Chiconas of
the City of Muskego Building Inspection Department.
Chairman Pionek asked Mr. Chiconas to brief the Board on the
subject matter. Mr. Chiconas stated he had a list of work needed
to be done and violations within the Meadow Green West Addition
No. 2 Subdivision. These included restoration of storm sewer, top
soil screening, lots filled without permits, and no erosion
control and wetland restoration.
Chairman Pionek asked Ms. Boehm to brief the Board on their
appeal. Ms. Boehm stated that the appeal was over the amount of
the bond set by Mr. Chiconas. Her firm has received bids from two
separate contractors whose estimates are lower than the estimates
given by Mr. Chiconas, and her firm has accepted a bid for the
amount of $10,080. Furthermore, Ms. Boehm stated that a large
amount of the work has already been started or completed by the
Boehms and/or contractor, addressing all seven (7) items stated
in Mr. Chiconas' initial letter as submitted in the appeal.
Mr. Pionek asked Mr. Chiconas to explain his procedure to estimate
bond prices and to to clarify if there is any such thing as a
state licensed wetland restorer.
Chairman Pionek next swore in Jerome Garsky, the contractor Ms.
Boehm has chosen to complete the subject work. Mr. Garsky stated
that he was willing to do the work for the Boehms for the price
cited at $10,080.
Page 2 Board of Appeals, March, 23, 1995
Mr. Chiconas cited a new cost estimate which took into recognition
the work already done on the subdivision. The price quoted by Tom
was $27,175.
Mr. Fohr cited that the issue at hand is over the amount of the
bond. Mr. Fohr asked Ms. Boehm what was the total cost of the
work remaining to be done, Ms. Boehm cited the cost at $3,100.
Mr. Fohr recommended to set the bond amount at the contractor's
original estimate of $10,080.
Ms. Boehm stated that the amount said would be fine, subject if
her firm could be given a grace period to allow for the
acquisition of a bond.
Chairman Pionek closed the session for deliberation at 8:10 PM.
DELIBERATION OF APPEALS
APPEAL #2-95
Mr. Warhanek motioned to amend bond to $10,080 and allow the
Boehms thirty (30) days to submit the bond, at which time a
permit would be approved. Mr. Fohr seconded the motion. Upon a
voice vote, the motion passed unanimously.
MISCELANEOUS BUSINESS
The members of the Board agreed to elect a new Vice Chairman. Mr.
Fohr made a motion for elections to be held, Mr. Schepp seconded.
Mr. Warhanek nominated Mr. Schneiker, Mr. Fohr second the
nomination. Upon a voice vote, Mr. Schneiker was elected Vice
Chairman unanimously.
Mr. Rowinski stated that he will be moving outside the city proper
and announced his resignation pending the completion of his new
home, sometime around the end of April. Chairman Pionek requested
Mr. Rowinski send a letter stating the official date of to the
Mayor.
Chairman Pionek next cited a letter given to the Board in their
packets from the city attorney. He recommended the Board review
the letter and discussion would ensue on the subject matter at the
next meeting.
Mr. Fohr made a motion to adjourn, Mr. Rowinski seconded. Upon
a voice vote, the motion to adjourn passed unanimously. With no
further business to come before the Board, meeting was adjourned
at 8:50 PM.
Respectfully submitted,
Page 3 Board of Appeals, March, 23, 1995
Carlos Trejo
Recording Secretary
CORRECTED
CITY OF 1 USKEGO
BOARD OF APPEALS
MINUTES OF BOARD OF APPEALS MEETING HELD ON FEBRUARY 23, 1995.
PRESENT: Chairman Don Pionek, Vice Chairman Terry O'Neil,
Mr. Henry Scheiker, Mr. Darryl Rowinski, Mr. Dan Schepp, Mr.
Matt Sadowski, and Mr. Carlos Trejo.
ABSENT: Mr. Gerald Fohr and Mr. Dave Warhanek.
MINUTES: Mr. Rowinski made the motion to accept the minutes
from the December 1, 1994 meeting. Vice Chairman O'Neil
seconded. Upon a voice vote the motion to adopt passed
unanimously.
NEW BUSINESS
Appeal #2-95 - Boehm Construction, Meadow Green West Addition
No. 2 Subdivision, Muskego, Wisconsin. Chairman Pionek read
the appeal for Ms. Pamela A. Boehm. Requesting an appeal to an
administrative decision rendered under the authority of Section
29.06(6) Permit Conditions establishing the required dollar amount
for a surety bond for an erosion control permit. Bond amount was
set at $46,940, petitioner seeks to post a bond in the amount of
$10,080 or $11,300.
Mr. Sadowski cited the zoning matters involved: concern regarding
erosion control and the seven items of concern issued by the
Building Inspection Department in a letter dated 1/26/95.
Ms. Boehm stated for the last two (2) to three (3) years, Boehm
Construction has paid for all permit fees and was unaware of any
violations of the City Ordinance. When re -applying for a permit,
they were informed of the presupposed violations and of the clean
up that would be needed before a new permit would be issued.
Boehm Construction indictated that the City was not only requiring
the areas violated to be cleaned up, but all areas effected by
soil erosion (area of the storm dredge) during construction, would
have to be cleaned up.
Boehm Construction agreed to the clean up of the area, but will
not be granted a permit by the City until a bond, in the amount of
$46,940, is posted, which included costs for wetland restoration.
Boehm Construction cited that they had received a permit from the
WDNR to fill in wetland areas along the site and the City's
engineers were also present when the filling was being done.
Boehm Construction cited that the cleanup has been completed
without a permit, including riprap, except for planting of
vegetation which will be done in spring.
The Building Inspection Department will not issue or deny a
permit, for this work, until the pending BOA hearing is resolved.
Ms. Boehm cited that as the only remaining work is the vegetation,
the bond amount should only reflect this.
Page 2 Board of Appeals, February, 23, 1995
A two minute recess was taken.
DELIBERATION OF APPEALS
APPEAL #2-95
The committee asked if Mr. Sadowski was aware if only the
remaining work was the planting of the vegetation. Mr. Sadowski
cited that the letter dated 1/26/95 from the Building Inspector
does not indicate that only vegetation needs to be installed.
Discussion ensued regarding whether the full amount of the bond is
necessary.
Upon further discussion, the committee agreed that the matter of
concern is what the amount of the bond should be and not the
matter of work needed to be done. As the Building Department
failed to have a representative verify the amount of the bond, a
decision on the matter can not be made. Mr. Schneiker made a
motion to defer, Mr. Schepp second. Upon a voice vote, Appeal
2-95 was deferred.
MISCELANEOUS BUSINESS
The committee questioned when the elections for new Vice -Chairman
would be held.
As the appeal received from Mediterranenan Gardens in January 1995
was withdrawn, as the petitioner agreed to reduce height of
lights, should the petitioner be refunded BOA review costs. The
committee questioned if the matter should have been allowed to be
appealed in the first place and if it has the authority to decide
such a matter. The committee questioned if it is within their
power to be making such decisions.
The committee questioned if the format/process of the BOA will be
changing with the court ruling issued over the matter concerning
the Planning Commission.
Mr. Rowinski made a motion to adjourn, Mr. Schneiker seconded.
Upon a voice vote, the motion to adjourn passed unanimously. With
no further business to come before the commission, meeting was
adjourned.
Respectfully submitted,
Carlos Trejo
Recording Secretary
r� o� Mwlze 0 BUILDING INSPECTION DEPARTMENT
W182 58200 RACINE AVENUE • BOX 903 . MUSKEGO, W1 531 50-0903 • (414) 679-41 10
January 26, 1994
Mrs. Pam Boehm
W163 S7979 Bay Lane Place
Muskego, WI 53050
RE: Bond requirement for Meadow Green II
Dear Mrs. Boehm:
Listed below is the calculation used to determine the bond required
for Meadow Green II.
1) Lots 118 & 119 Work to be performed to total $11,080.00
Between lots 118 and 119, 400 cubic yards removed,
3 men, 6 days= 144 hours x $0.00/hr.= $5.760.00
1 rubber tire backhoe 1 week at $55/hour=$2,200.00
Haul fees, tri axel dump at $65/hours=$1300.00
Load time, backhoe at $55/hour=$880.00
Clean up, grade slopes, seed and mulch=$940.00
Total $11,080.00
2) STORM SEWER OUTFALL
Between lots 110 and 111, 155 cubic yards removed,
3 men plus one rubber tire backhoe for 3 day= $4,200.00
15 hours to load and haul=$1,725.00
finish grade, seed and mulch 2 men, one day=$800.00
Fabric, rip rap, 47 tons=$2,000.00
Put rip rap in place=$960.00
Sod, 145 rolls=$360.00
Cleanup=$200.00
Total $10,245.00
3) Between Lots 95 & 96 Work to be performed to total $7,300.00
A. STORM SEWER OUTFALL
Between lots 95 and 96, 111 cubic yards removed,
3 men, two days, plus one rubber tire backhoe=$2,800.00
10 hours to load and haul=$1,200.00
Finish grade, seed and mulch=$600.00
Fabric, rip rap, 34 tons=$1,500.00
Put rip rap in place=$750.00
Sod, 100 rolls=$250.00
Cleanup=$200.00
Total $7,300.00
4) Between Lots 93 & 94 Work to be performed to total $13,115.00
A. STORM SEWER OUTFALL
Between lots 92 and 93, 185 cubic yards removed,
3 men, four days, plus one rubber tire backhoe=$5,600.00
20 hours to load and haul=$2,400.00
Finish grade, seed and mulch=$1,100.00
Fabric, rip rap, 56 tons=$2,240.00
lily of Jiree 14jialenfi[L(...induilr4a! alid I&Peational J.,dleej
Put rip rap in place=$1,100.00
Sod, 170 rolls=$425.00
Cleanup=$250.00
Total $13,115.00
All three outfalls to total $30,660.00
5) RESTORE LOTS WHICH WERE USED FOR TOP SOIL SCREENING PLANT.
Lots 110 and III
Grade topsoil, seed and mulch.
Topsoil 3" depth before compaction. (enough soil on site).
Seed .60 square yard plus grading=$500.00
Total $500.00
6) RESTORE LOTS WHICH WERE FILLED.
Lots 98, 99 and 100
3" topsoil, 240 x $10.00 cubic yard=$2,400.00
Seed and mulch .60 square yard=$1,800
(110 x 80)
Total $4,200.00
7) Lot 95 RESTORE LOT WHICH WAS FILLED.
Topsoil, seed and mulch=$500.00
Total $500.00
Total Restoration $5,200.00
The bond required to cover the work to be performed will be
$46,940.
Should you have any question, please contact me at 679-4156.
Sincerely,
Tom Chiconas
Inspector
CC: Mayor David De Angelis L—�