SPECIAL TOWN BOARD MEETING
August 11, 2011
1:00 p.m.
LAKEWOOD ADMINISTRATIVE OFFICE
This meeting was posted in the four usual places those being the Lakewood Town Hall, Lakewood Super Valu, Laona Bank and Lakewood Administrative Office.
PRESENT: Joanne Roy, Chairman, Lee Spletter, Supervisor. Tom Haberstein, Supervisor and Denise Jackett, Clerk.
VISITORS: Wendy Kerscher, T.J. Kerscher, Don Jackson, Neale Block Mary and Gene Dunsirn.
Chairman Joanne Roy called this meeting to order at 1:00 p.m. at the Lakewood Administrative Office by request of Wendy Kerscher for the purpose of discussing the review of Conditional Use Permit for the Ski Hill Property.
T.J. & Wendy Kerscher:
T.J. Kerscher inquired why the Town board is recalling the Conditional Use Permit.
� Feels they are within their guide lines of the permit and believes if they are being recalled all other permits should be recalled also.
� They have not violated any rules and have followed it to the tee.
� Complaints that are being made are because of their children riding in their yard. They have slowed down the riding times, stopped friends from riding in their yard and have moved the track to the other side of the property.
� Conditional Use Permit has to do with the races not the children�s personal use of riding in the yard. The complaints have nothing to do with the events, they stem from children riding in the yard.
� The noise levels are under 96 decimals.
� Dates of the races may change and it not going to change the issue at hand.
� A community meeting was to be set up and nothing has happened.
� Writing the letter will not solve the issue.
� Children stay in their own yard; they are not allowed to even ride their bicycles past the neighbor�s houses.
� ATV�S make just as much noise as the bikes.
� Feel they are being singled out. Their children ride bikes and race professionally.
� T.J. commented that the Conditional Use Permit applies to four (4) weekends out of fifty-two (52) weekends per year.
� Commented it is their constitutional right to be able to ride in their yard. It can�t be stopped. In 2006 a similar case was brought to the Supreme Court, it can�t be stopped. The kids will still ride in their yard.
� Commented that by revoking the Conditional Use Permit, it will solve absolutely nothing. They are complaining about the kids riding in the yard.
� The same people that are now making complaint about the noise are the same people that were bringing their children and grand children to the Ski Hill Property to ride and watch races.
� The kids hardly ride at all anymore, they have stopped the friends from coming over to ride and have moved the track over to the other side of the snowmobile trail, all to appease the neighbors.
Joanne stated that the reason the board did vote to send a letter of support to the County, for the review, is because of the number of complaints. The complaints are noise in general and acknowledges that the all the noise is not being generated from just the races and some of which is personal use of their property.
T.J. commented that he had heard about one of the past meetings were the Board was being accused of not doing anything about the issue. At which time he had gone to Neale Block and Dennis Buxrude, asked for a community meeting and wanted to work together on the issue, nothing has happened.
Still has heard nothing from the neighbors of scheduling a meeting to work together. The Kerschers want to work together on the issue and instead of the other property owners working with them they choose to bring it to the Town Board.
Wendy commented that if their Conditional Use Permit is revoked, they will see to it that the Country Fest, Marshall Excavating and all others are looked at and will attend every meeting until they are all looked at. Asked the Board that the Letter for review of the Conditional Use Permit be not written.
Tom H., It would make things a lot easier if they could settle things themselves.
T.J. asked Neale if he and Dennis had not been approached about a community meeting.
Neale had no response to the question, and commented that the subdivision was platted ten (10) years prior to the Conditional Use Permit was issued.
� Noise transfers right into the subdivision because they are on the low side.
� Residents in subdivision should not be denied the use of their property because of the noise.
� Referenced the packet that was presented to the board at the past Board Meeting.
� There was no consideration given to the subdivision which was right next door which was platted back in 1976, which was there for 10 years. The subdivision was never brought up in the county minutes of the meeting when they voted on the race track. The County made the mistake when it was originally reviewed, that�s why it is going back to the county.
Procedure of a County Public Hearing was discussed.
Copy of Notice of Public Hearing to be heard by the Board of Adjustments normally is sent to the Clerk, County also posts the Notice of Public Hearing. It is held in the Town of Lakewood at the Town Hall. Copy of Notice would be sent to Petitioner and the Kerschers. After the Hearing the petitioner or respondent has thirty days to appeal to the decision to Circuit Court.
The Board concurred that the issue has to be resolved.
Lee S. stated that the Board has listened to both sides of the issue and that the motion previously made at the Town board meeting stands with the letter of support to review the Conditional Use Permit be issued.
Motion to adjourn by Tom H., Seconded by Lee S. All ayes motion carried adjourned at 1:40 p.m.
Respectfully Submitted,
Denise A. Jackett
Denise A. Jackett, Clerk
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