TOWN OF ROCHESTER
Racine County, Wisconsin
Municipal Office Phone:  (262) 534-5742;  Facsimile:  (262) 534-4084
Mailing Address:  203 W. Main Street, P.O. Box 352, Rochester, WI  53167

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November 6,  2006                                PLANNING COMMISSION                                             6:30p.m.

                

The meeting was called to order at 6:30 p.m. with Paul Beere, Brian Wanasek, Bob Willard, Maureen Eckert and Chris Johnson present.

 

John Tierney, Engineer, and Betty Novy, Secretary were also present.

 

Pledge of Allegiance.

 

Minutes.  Chris moved, 2nd by Paul to approve minutes of the October 2, 2006 meeting.  Votes were:  Paul:  Aye;  Chris:  Aye; Brian:  Naye;  Bob: Naye;  Maureen abstained.  Motion failed.

 

Bob moved, 2nd by Brian to approve minutes of the October 2, 2006 meeting contingent that a sentence be added as follows:

 

“Dee stated when she and her partner originally purchased the land, the house was marketed on five-acres.  They wished to buy the additional five-acre parcel to the north and that was what they did.  < INSERT>  Dee stated she was unaware of the deed restriction on the parcel at the time of purchase.  <END INSERT>  Because of this, she was under the impression that the additional five acres could be sold again.  Chris Johnson recalled the details of this sale.  He believed they paid a price for the additional five acres as if it was a separate buildable parcel.”

 

Motion carried.  

 

Pre-Application Conference:  Land Division proposal to create two parcels out of one

2433 Maple Road

Owner:  Dolores (Dee) Prince

(Tax Key #014-03-19-04-002-030 10.16 Acres)

 

Betty reported on Town Board consideration of the request made by the property owner to lift a deed restriction preventing further division of this land on the Certified Survey Map that created the parcel.   The Board agreed to lift the restriction based on several conditions, including those stated by the owner of Lot 2 of the Certified Survey Map.  

 

Brian and Bob requested it become part of the meeting record that they disagree with lifting the deed restriction.

 

Betty indicated this is the pre-application conference for Dee Prince’s land division.  She is requesting input from the Commission on how to divide the 10 acre parcel.   Dee presented a drawing showing division of the parcel from Maple Road straight back to the eastern lot line.  The previous lot line proposal was of a different configuration.    Consensus of the Board was that this new configuration was acceptable.

 

Comments from Racine County Planning and Development were reviewed.   The following items were identified by the Plan Commission in regards to the proposed division:

 

  • There may be a conflict with the access point for the new lot that is approved by Racine County and a condition imposed by the owner of lot 2.  Dee will need to work this out so that it is agreeable to both parties. 

 

  • A legal instrument must be recorded in advance of the Certified Survey Map to lift the deed restriction.  That document must contain notarized signatures of all lot owners and appropriate Town of Rochester officials.

 

  • A passing soil test must be submitted showing the new lot will support either a conventional or mound septic system.

 

Dee will work on the access issue and contact a surveyor to work on the certified survey map and ensure minimum setback requirements can be met. 

 

Application for Final Plat:  Stoneridge Subdivision

Location:  2700 (Block) Maple Road

Developer/ Owner:  Ed Stone

Engineer: David Olsen

 

Plat.  John Tierney reported on engineering review of construction plans and the final plat.  Only minor corrections are needed.  Correspondence was also reviewed from Racine County Public Works stating their satisfaction with changes made to the entrance on Maple Road.    Several “note” corrections were found that had not been made since submission of the Preliminary Plat (as follows):

 

  • VEHICULAR ACCESS TO MAPLE ROAD SHALL BE PROHIBITED should be changed to read DIRECT VEHICULAR ACCESS TO MAPLE ROAD FROM LOTS 1 AND 14 SHALL BE PROHIBITED

 

  • MOUND AREAS AND AT LEAST 15 FEET DOWNSLOPE OF THE PERIMETER ARE TO BE PROTECTED FROM CUTTING, FILLING OR COMPATION BY HEAVY VEHICLES OR EQUIPMENT.  (FENCING IS SUGGESTED) should be changed to read  MOUND AREAS AND AT LEAST 15 FEET DOWNSLOPE OF THE PERIMETER ARE TO BE PROTECTED FROM CUTTING, FILLING OR COMPACTION BY HEAVY VEHICLES OR EQUIPMENT.  (FENCING IS SUGGESTED)

 

It was clarified maintenance responsibilities of bridal path and drainage easement areas are defined in the Covenants and Restrictions for the subdivision.

 

Articles of Incorporation of Stoneridge Owners Association of Rochester.  Brian stated concern over Section 3.3 stating he does not feel the Town should be involved in setting liability coverage requirements.

 

Developer’s Agreement.   Correspondence was reviewed from Atty. John Hotvedt regarding issues in the Agreement as follows: 

 

A. Attorney Hasenstab has requested that language be added to the Development Agreement to clarify that the dedicated roadway for future public road use not be part of any required street improvements within the scope of this development.  I would assume this is consistent with the Town’s expectations for this developer. However, in this event, it would be appropriate to require an agreement to be recorded with the subdivision documents requiring any successor in title to the farm property to the north to pay for any costs associated with the future improvement of the roadway reservation.

 

A “Declaration of Restriction” document prepared by Attorney Hasenstab was reviewed that places such a restriction on Edward Stone’s farm.   The Plan Commission agreed this was an acceptable way to handle the issue.

 

B. Attorney Hasenstab has indicated that there will be no landscaping in the development and therefore no landscaping plans to attach as an exhibit.  If this is in fact correct, I would simply request verification via telephone or e-mail prior to removing this from the scope of the Development Agreement.

 

It was verified there is no landscaping plan for the development.

 

C. Attorney Hasenstab indicates that only one street light will be required at the intersection of Ridge Lane and Maple Road and that there will therefore be no street lighting plan required as set forth in Section 1e of our Development Agreement.  Again, if this is accurate I would simply ask that the same be confirmed via telephone or e-mail and we will be happy to make a change.

               

                It was verified only one street light is applicable to the subdivision.

 

Declaration of Easements, Restrictions and Covenants for Stoneridge Subdivision; and By-Laws of the Stoneridge Owners Association of Rochester, Inc.  Bob noted a discrepancy between assessments for maintenance of Common Elements in the subdivision.  The Covenants refer to quarterly payments and the By-laws refer to an annual payment.  Ed Stone will see that one or the other document is corrected.

 

Maureen moved, 2nd by Chris to recommend approval of the Final Plat for Stoneridge Subdivision subject to any corrections found necessary by the Town engineer or attorney.  Motion carried.

 

Brian moved, 2nd by Bob to adjourn at 7:30 p.m.

 

Respectfully submitted,

 

 

 

Betty Novy, CMC

Clerk-Treasurer

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