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PCM19611023TOWN of MUSKEG0 W180 57732 Rocine Avenue Muskego, Wisconsin OS. 9-1780 MORTON SMITH 5% Chairman DELBERT E. GUHR, Superviror HENRY W. WOLF, Supervisor MARGARET WILLIAMS, Clerk JUANITA G. WEAVER, Treorurer ARTHUR WIESELMANN. ASSsSSOr MINUTES OF THE PLANNING COMMISSION PUBLIC HEARING HELD ON OCTOBER 23, 1961, 0:OO P. M., TO CONSIDER THE FOLLOWING QUESTION - SHALL A CONDITIONAL USE STATUS BE GRANTED IN ACCORDANCE WITH SEC. 3.00 (4) (M) FOR THE PURPOSE OF THE OPERATION OF A QUARRY? PETITIONERS WERE HALES CORNERS SAND & GRAVEL FOR THAT PART OF THE NE$ AND SE$ OF SEC. 12. MEMBERS PRESENT WERE SMITH, GUHR, BOSTATER, BUDISH AND MACHKOVICH. MR. NELSON, WOLF AND SCHROEDER WERE ALSO PRESENT. THE CLERK READ THE APPLICATION FOR PERMIT AND PUBLIC HEARING NOTICE. MR. FREUDENFELD, ATTORNEY, REVIEWED THE TYPE OF OPERATION, PERIOD AND FORM OF RESTORATION, EQUIPMENT USED AND BOND REQUIRED. HE STATED THAT HIS CLIENT WAS SINCERELY INTERESTED IN ADHERING TO ALL RULES AND REGULATIONS OF THE PERMIT, CONTROL OF INGRESS AND EGRESS TRAFFIC TO THE PIT AND HAVE GONE SO FAR AS TO REQUEST ALL LAW ENFORCEMENT AGENCIES TO ENFORCE SAME. HE MENTIONED THA~TRESPASS- ING HAS CREATED A PROBLEM RESULTING IN SOME DAMAGE TO THE CABLES USED ON THE PRIVATE ROAD AND HAVE ASKED THAT POLICING BE MAINTAINED IN ORDER TO PROTECT THEMSELVES AND ALL SURROUNDING PROPERTY OWNERS. THOSE APPEARING IN OPPOSITION WERE AS FOLLOWS: MR. VORPAHL STATED THAT THE HOURS OF OPERATION HAVE BEEN VIOLATED, FELT THAT ALL INTERESTED PARTIES WERE NOT PROPERLY NOTIFIED. MRS. VAAS STATED THAT SEC. 3.08 (4) (M) (3) (A) HAS BEEN VIOLATED AND THE MR. CALLAWAY FELT THAT SAFETY AND WELFARE OF THE HOMES AND PEOPLE THE PRIVATE ROAD HAS NOT BEEN CLOSED TO THE PUBLIC AS AGREED AND DIESEL ODORS RESULTING FROM THE OPERATION HAS BEEN UNDESIRABLE. SHOULD BE PROTECTED, FORMER PETITIONERS APPEARING AGAINST THIS OPERATION SOMETIME AGO SHOULD BE GIVEN A CHANCE TO BE HEARD, GRAVEL FROM PIT IS INFERIOR, PROPERTY VALUES AROUND PIT ARE GRADUALLY DECREASING AND CITED DAMAGE DONE TO MCSHANE RD. MR. SCHMELING IN- QUIRED OF THE PETITIONERS HOW LONG IT WOULD TAKE THEM TO RESTORE THE AREA AS HE REMINDED THEM THAT 3 YEARS AGO WHEN THE FIRST USE WAS GRANTED IT WAS STATED THAT RESTORATION WOULD PROGRESS AS THE OPERATION CONTINUED. AS PROOF A MAP WAS SUBMITTED TO THE PEOPLE. MR. MEYER STATED THAT HE FELT THAT THE PRIVATE ROAD BUILT WAS DONE WERE FORCED BY THE CITY OF FRANKLIN IN ORDER TO PROVIDE A MEANS OF EXIT. THE QUESTION OF EXPIRATION DATE OF PRESENT PERPIIT WAS -.RAISED ALSO. IT WAS MRS. WAAS'S OPINION THAT THE PERMIT WAS NOT INCIDENTIAL AND SHOULD BE ENFORCED AS THEY ARE PRESENTLY OPERATING WITHOUT A PERMIT. MR. LEHRKE STATED THAT GROUND HAS BEEN BANKED ONLY TO APPEASE THE PEOPLE AND AT THE SAME T IME THE PETITIONERS 5 . ADJACENT TO HIS PROPERTY LINE THUS FLOODING A PORTION OF HIS LAND. MR. SCHMELING INQUIRED AS TO WHY MCSHANE ROAD HAD NOT BEEN PROPERLY REPAIRED AS HAD BEEN PROMISED. MR. VORPAHL SAID THAT ALL TRUCKS DO NOT USE THE PRIVATE ROAD, BUT DO USE MCSHANE RD. MR. MAGARICH ASKED AS TO WHO WOULD BE RESPONSIBLE IN KEEPING THE ROAD DUST FREE. IN REBUTTAL MR. FREUDENFELD STATED THE FOLLOWING. THE NOISE HEARD AFTER CLOSING HOURS IS THAT OF THE WATER PUMP. ATTEMPT HAS BEEN CABLES HAVE BEEN BROKEN BY UNKNOWN PARTIES. THE DIESEL ODORS MEN- TIONED IS HIGHLY POSSIBLE. THE QUESTION ASKED REGARDING VALIDITY ION DATE DUE TO A CIRCUIT COURT RULING IN FAVOR OF HALES CORNERS SAND & GRAVEL RESULTING FROM A SUIT. THE ORIGINAL PERMIT WAS ISSUED IN SEPT. OF 50, BUT DUE TO THE SUIT PENDING DID NOT COMMENCE OPERATIONS UNTIL FEB. OF 59. MR. FREUDENFELD REMINDED THOSE PRESENT KNOWLEDGE OF THE TOWN BOARD AND COMMISSION. THE PRIVATE ROAD BUILT was DONE TO PLEASE AND NOT APPEASE SURROUNDING RESIDENTS, NOTICES MADE AS PREYIOUSLY STATED TO CLOSE THE PRIVATE ROAD AFTER HOURS, BUT OF OPERATION - FEB-62 HAS BEEN USED BY THE PETITIONERS AS EXPIRAT- THAT ALL PHASES OF THE PREVIOUS PERMIT WAS DONE OPENLY WILL FULL WERE ONLY MAILED TO THOSE AFFECTED IN ACCORDANCE WITH THE ORDINANCE AND THE CONTENT OF CLAY WITHIN THE GRAVEL IS NOT DUE TO INFERIOR MATERIAL, BUT TYPE OF QUALITY NEEDED DUE TO ITS ABILITY TO PACK FIRMLY. APPROXIMATELY $400.00 HAS BEEN SPENT BY HIS CLIENT IN ROAD MAINTENANCE ON MCSHANE ROAD AND IT WAS LEGAL OPINION OF TWO ATTORNEYS THAT HAL'ES GORNERS SAND &C GRAVEL COULD BE HELD IN THE CASE OF LIABILITY. ' IN CLOSING MR. CALLAWAY SUGGESTED THAT THE LIST OF NAMES SUBMITTED FOR NOTIFICATION OF HEARING BE CHECKED AND AGAIN QUESTIONED THE GRANT OF THE ORIGINAL PERMIT. MR. SCHMELING ASKED WHETHER THE $5,000 BOND WOULD BE SUFFICIENT. MRS. WAAS ASKED THAT MORE CONSIDERATION BE GIVEN TO THE PEOPLE IN THE AREA AND MR. VORPAHL INQUIRED AS TO , THE REASONS WHY THE PETITIONERS HAVE NOT BEEN FORCED TO ABIDE BY THEIR OPERATIONAL AGREEMENT. MOTION WAS MADE TO ADJOURN AT 9:O5 p. M., BY MR. MACHKOVICH AS SECONDED BY MR. BUDISH. MINUTES OF THE REGULAR MONTHLY MEETING OF THE PLANNING COHMISSION BOSTATER, BUDISH, MACHKOPICH, NELSON, MOLF AND SCHROEDER PRESENT. THE FIRST ORDER OF BUSINESS WAS THE READING OF THE PREVIOUS MONTHLY HELD ON OCTOBER 23, 1961 AT 9:05 P.M. WITH MR. SMITH, GUHR, ~TING WHICH WERE ACCEPTED AS READ. MR. CHARLES SAMUEL APPEARED SEEKING PERMISSION TO OPERATE AN 8-ROOM BOARDING HOUSE FOR MEN. LOCATION TO BE W? 79-S7672 RACINE AVENUE. .z. I MR. SAMUEL APPEARED AT THE JULY 24~~ MEETING SEEKING APPROVAL FORMAL PETITION FOR REZONING. MR. NELSON REVIEWED THE DEFINITIONS FOR THE OPERATION OF A ROOMING HOUSE AND WAS INSTRUCTED TO FILE A AND GENERAL INTERPRETATION OF A BOARDING AND LODGING HOUSE UNDER SEC. 2.02 (5) AND (28). MR. SAMUEL AGREED TO CONFORM TO THE BOARDING HOUSE REQUIREMENTS OF A MINIMUM OF 5 ROOMS. THE BOARD INFORMED MR. SAMUEL HE WOULD HAVE TO TECHNICALLY COMPLY WITH BY CHANGING THE DEFINITION. THE OPEN-AIR EASEMENT TO THE NORTH SCHROEDER STATED THAT HE FELT THAT MR. SAMUEL WOULD NOT HAVE SUFFIC- THE FULL MEANING OF THE ORDINANCE RATHER THAN A MEANINGLESS INTENT WAS DISCUSSED IN ADDITION TO PARKING, SEWAGE DISPOSAL, ETC. MR. IENT AREA FOR LEACHBED AND SEPTIC TANK, BUT COULD INSTALL A PIT UNDERGROUND WITH CLOSED COVER AND THEN HIRE A LICENSED HAULER TO DISPOSE OF EFFLUENT. IT WAS SUGGESTED THAT MR. SAMUEL SEEK HELP FROM THE STATE Bo. OF HEALTH REGARDING PROPER SEWAGE DISPOSAL. MR. SAMUEL ASKED THE OPINION OF THE BOARD WHETHER THEY WOULD APPROVE INSTALLATION OF A LAUNDERMAT. HE AGAIN WAS TOLD THAT PROOF OF PROPER SEWAGE DISPOSAL WOULD HAVE TOBE SHOWN. ACCORDING TO MR. SCHROEDER THE STATE BD. OF HEALTH WOULD NOT RECOMMEND IT WAS THE OPINION THAT A LAUNDERMAT WOULD BE A GREATER FINANCIAL HOUSE. THE BOARD UNANIMOUSLY DECIDED THAT OPINION SHOULD BE INSTALLATION OF LAUNDERMATS AT THIS TIME DUE TO SEWAGE PROBLEMS. SUCCESS AND GREATER BENEFIT TO THE AREA RATHER THAN A BOARDING OBTAINED FROM THE ATTORNEY AS TO WHETHER A PERSON COULD BE LEGALLY BOUND IN FULFILLING HIS INTENT TO COMPLY WITH THE REQUIRE- MENTS OF THE ORDINANCE AND ALSO FURTHER DEFINE BOARDING HOUSE VERSUS LODING HOUSE. A MOTION WAS MADE BY MR. MACHKOVICH, AS SECONDED BY MR. GUHR, THAT A HEARING BE SET FOR NOVEMBER 27, 1961 AT 8:OO P.m., TO CONSIDER THE COND. USE GRANT REQUEST OF WALTER BOHRER. MOTION PASSED. REGARDING THE PETITION OF HALES CORNERS SAND & GRAVEL THE REPORT MADE BY MR. SCHROEDER INCLUDING PHOTOS WERE REVIEWED. MR. NELSON REMINDED THE BOARD THAT THERE SHOULD BE NO QUESTION AS TO VALIDITY OF GRANT IF THE BOARD DESIRES TO GRANT SAME, BUT FULL INTERPRETATION (4) (M) (3) (A) 1 AND 2 WAS QUESTIONED IN THIS CASE AND IT WAS AGREED THAT LEGAL OPINION BE OBTAINED AS TO WHETHER OR NOT THE 30 FAMILY REQUIREMENT MUST RESIDE WITHIN THE BOUNDARIES OF THE TOWNSHIP ONLY. OF THE ORDINANCE MUST BE CONSIDERED. COMPLIANCE OF SEC. 3.08 MOTION WAS MADE TO ADJOURN AT 10:4O P.M. AS SECONDED BY MR. GUHR. MOTION PASSED. RESPECTFULLY SUBMITTED, B JB BETTE J.. BOWYER~/~EC'Y.