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December 12, 2011 Monthly Meeting Minutes
Minutes Dec 12, 2011
Town of Winchester Planning Commission
Winchester Municipal Building
Present were Brian Logan, Nils Olsen, Roger Miller, Dick Smith, Marjean Schuelke, Dick Logan
Meeting called to order at 7:03p by the Chairman.
Approval of the agenda: Motion by Marjean, 2nd by Dick L., passed
Approval of the minutes October 17, 2011: Motion by Marjean, 2nd by Dick L., passed
1. It was felt that it was time to get some sort of a preliminary plan in place for a bike trail, since neighboring towns are making request to improve and possibly pave roads. Maybe a preliminary plan could be ready to A federal grant will not pay for a multiuse trail, only silent sports only. It also will not pay for the paving of roads. Roger is to contact Al Drum and Dennis Breitholtz to get a copy of the proposed Vilas County Bike Trail. The Long range Plan was not updated to include paving on shortcut road.
2. After much research by Dick Logan and discussion by the Planning Commission it was decided that a nuisance takes on three definitions by the law. It was decided that the Ordinance should be called the Nuisance Ordinance and drop the Public as it appears throughout the ordinance.
Under the “general provisions” section of the ordinance it states “No person shall cause, allow or permit any person to create any public nuisance”. A public nuisance as defined by law affects many people as an example: I commonly plow snow out into the roadway and block traffic or I am storing my garbage on the shoreline of the lake I live on which is polluting the water. I don’t think “ugly” would be considered a public nuisance by a court since “beauty is in the eye of the beholder”. In my research on this it seems that there are essentially 3 different types of nuisances.
1. Public nuisance which affects many people as in the example above. It could also include (though no evidence was found to support this) any behavior which negatively effects property values.
2. Private nuisance which affects one or more neighboring landowners or renters. Examples might be: burning smelly garbage, a junk yard which encroaches on my property cutting trees which fall onto my land or a building in dis repair which harbors rodents, bats or other critters.
3. Attractive nuisance which generally refers to something that is attractive to children that do not understand the trespass laws. Examples of attractive nuisances are a) a swimming pool or trampoline in someone's back yard. b) Farm machinery, other equipment, or buildings such as barns or sheds.
With this in mind the Planning Commission recommends that the Town board forward the Ordinance to the Town's Attorney for review.
3. After discussion on whether the town needed an ordinance to support the 2020 Smart Growth Plan or if the county would do that after accepting Winchesters Plan. Roger will check with Rick.
NOTE: All Town Supervisors present abstained from voting.
Correspondence: None
Audience Participation: None
Next Planning Commission meeting set for January 16, 2012 at 7:00pm
Motion to adjourn made by Nils, 2nd by Dick at 8:14pm. Passed
Archive:
May 19, 2012 May 21, 2012 Agenda
May 19, 2012 February 13, 2012 Meeting Minutes
March 19, 2012 Monthly Meeting Agenda-Cancelled
February 16, 2012 Monthly Meeting Minutes
February 13, 2012 Monthly Meeting Agenda
January 16, 2012 Monthly Meeting Agenda
December 12, 2011 Monthly Meeting Minutes
December 12, 2011 Monthly Meeting Agenda
October 17, 2011 Monthly Meeting Minutes
October 17, 2011 Monthly Meeting Agenda