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Approved June 2018 Minutes
Jul 16, 2018

Town of Amherst Plan Commission Minutes – June 7, 2018 unapproved


Notice: Postings were at 3 sites: Town Hall, International Bank of Amherst and Town website.

Call to Order:Blenker, Nilsen, Spierings, Olson and also in attendance Ryan Kolodziej, Alan Henricks, Tracy Pelky, Dan O’Connell, Ashley Megal, Marj Bachhuber, Jim Stack and Nikke James.  On site visit to Kolodziej property at 4755 Lime Lake Rd, Amherst WI followed by the Plan Commission meeting at the Town Hall.

Approval of Monthly Minutes:May minutes were read and M/S Blenker/Nilsen to approve minutes as read. M/C.

Public Comments: None

Review site plan for proposed rezoning of property located at 4755 Lime Lake Rd: 7.5 acres of land by the river, lower area was looked at first. 10.75 acres on the hill were another section totaling 18.25 acres. Dan O’Connell reported no concerns with the current use of the land for the first parcel of 10.75 acres. Tracy Pelky reiterated the need for plan addressing waste management from animals as a concern. Water soil testing would be needed to document any problem. O’Connell could talk to Grazing Specialist to help determine a plan depending on the number of animals planned for the future. The County will work with the land owner and Grazing Specialist to help determine the number of animals.

Marj Bachhuber asked for clarification on the rezoning process. Spierings read the Rezoning Document sent to the Town of Amherst and Plan Commission. NRISI regulates animal run off. A3 zoning does not regulate the number of animals. Water usage for animal consumption is not restricted/managed. Husbandry is not managed by the County. Ashley Megal had a concern as to ensuring fencing was put up on the Koloziej property. She questioned who enforces fencing and the issue of animals on the road. O’Connell indicated fencing needs to be maintained by the owner. Bachhuber asked why change the zoning back to its previous zoning? It was changed for the reason of protecting Ebert Lake. She reported that the town did its due diligence when land use and zoning was established. What are the ramifications of the change with this or future owners? She reiterated the question to be “Do we want to change the Town of Amherst Comprehensive Plan?” Megal asked “Is it an option to make an exception for the current owner?” The landowner, Kolodziej, is not interested in the special exception process as it does not give him the protection of the Ag rezoning. He is willing to have legal expenses to fight this. Nikkestated “current technique is a fire danger and looks bad.” The uses of A3 zoning can not be restricted. The County can change zoning or use change created by town, which originally changed it. Henricks asked “When fences go up, where are the gates going to be?” Part of the plan should be the location of the gates. Bachhubber stated “only issue to be dealing with today is do we want to make the change? A yes or no answer is needed. Do you want to change the Comp Plan and zoning or not?” Bachhuber read the allowances for A4 zoning. A2, A3 and A4 usage is identical except for acreage. Kolodziej asked “Does the town want to encourage agricultural use on this property?” The purpose of the Plan Commission was explained. Bachhuber stated that if the Plan Commission says no, it does not go to the Board. If the Plan Commission says yes, it goes to the Town Board. The Town Board makes the final decision. A public meeting is held and so forth. Mr. Kolodziej walked out at 4:00 p.m. The Plan Commission needs to think of future land use. It was suggested to review maps of the entire area. M/S Blenker/Nilsen to refuse resolution/not amend Comprehensive Plan and Future Land Use map. The motion was unanimously passed by all members present. M/C. The Plan Commission should look at conservancy lines for entire area of creek and Lake Ebert at a future Plan Commission meeting. The posting and messaging of the change was legally done. It was suggested that the notice of the Plan Commission decision indicate that the Commission will review the entire area and fair zoning for all properties that are around the creek and lake.

Plan Commission Member Terms: Blenker will serve another term as reappointed by Spierings, Town Chair. Olson may be interested in filling the position of Plan Commission Chair pending Kadow’s leave. She will confer with Kadow regarding the time needed to be a good and effective Chair.

Upcoming Agenda Items:Lake Ebert and surrounding area review of Comprehensive Plan with a request from County for a detailed map and Topo map, Appointments of Amy and Brenna as Chair, Concrete to edge of road. Next meeting to be held on Tuesday, July 10that 6:30 p.m.This is a change from our regularly scheduled meeting date due to the 4thof July holiday.




Meeting Adjourned:M/S Olson/Nilsen to adjourn meeting at 4:30 p.m. M/C.


Notes recorded by Brenna Olson and transcribed by Christine Kadow.

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