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MINUTES OF GRANT TOWN BOARD SPECIAL MEETING
February 11, 1992
The Special Meeting was called to order at 7:00 p.m.1 for a hearing to consider possible revocation of the Wilcher/Victoria Station Farms conditional use permit.
PRESENT: Chairman Gary Erichson, Supervisor Art Welander, Attorney Vicki Gifford, and Clerk Sheila Davis. Supervisor Pam Magadance was not present due to a previous commitment.
Mrs. Gifford explained that the Wilcher permit is basically the same permit as Cal Garley had at Victoria Station Farms at 9250 No. Dellwood Road. Ms. Wilcher made application on April 29, 1991 for purpose of a stable, boarding horses and a riding arena. There was a public hearing in May and June at the Planning Commission, and on July 2, 1991 the application for conditional use permit went on to the Town Board. The applicant was present and represented by her attorney, Joseph Beaton at the meeting. Dennis O'Donnell of Washington County, the Town Planner, reviewed the application and both Ms. Wilcher and Mr. Beaton said they agreed with the conditions that had been set forth by the Town as recommended by the Town Planner for what would be required. She was to get the manure spreading permit from PCA and a certificate of insurance that would indicate that she had general liability insurance on the premises, and that there would be no sleeping in the barn, no business of any type permitted in any of the buildings on the property other than the stable and arena. These were basically the same conditions as Mr. Garley had on the property when he had it. She signed the permit on August 14, 1991 and on September 24, 1991 Sheila Davis, the Town Clerk, sent Ms. Wilcher a letter indicating that complaints had been received by the Town that other businesses were operating on the property of Victoria Station Farms besides the stable and arena, basically that a construction business was using the property for storage of their trucks and that the Township had not yet received a copy of the PCA permit, that the silos had straps missing and possibly was a potential hazard, and that no living quarters be allowed on the facility and the Township was told that someone was living there. At the October 1, 1991 meeting, the Town Board directed Tim Adams, the Township Police Officer, to inspect the applicants' facility during the daytime when the applicant was present. The inspection was requested again because of the complaints that someone was living in the barn, junk cars, construction materials on the property. The Town Clerk again wrote to the applicant on October 21, 1991 regarding her escrow amount and the failure to submit the insurance certificate to the Town. The Police Officer, Tim Adams, met with the applicant on October 21, 1991. Ms. Wilcher admitted having construction trucks and equipment on the property which registered to Kline Bros. Excavating. Five trucks were found. Ms. Wilcher also admitted her son was living in the barn/arena facility and stated he would be
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moving out but would be moving back in the spring. No other on-site violations were noted by the Police Officer. The Town Clerk Sheila Davis, again wrote to the applicant Jeanette Wilcher on November 12, 1991 regarding the silo straps, failure to submit the PCA permit and the certificate of insurance along with other miscellaneous violations which were reported by the officer. On December 3, 1991 at the Regular Meeting, the Town Board directed the Town Attorney to begin findings of fact for revocation of the applicants' conditional use permit for lack of compliance. The Board directed that a letter be sent to Ms. Wilcher that unless all the conditions of the permit were complied with by January 7, 1992 the Board would begin the procedure of revocation of the permit. In a letter dated December 8, 1991 Town Clerk Sheila Davis again wrote to the applicant outlining the current non-compliance. The Town Board received a letter from Al Goodman, County Building Official, dated December 18, 1991 which was also sent to the applicant stating that an inspection had been made of the barns and silo and that some repair was necessary but they were not in hazardous condition at this time. Based on those findings, the Town
Board is prepared to listen to what the applicant has to say. The Town further acknowledged that they did receive a copy of the PCA permit and that the Certificate of Insurance was received tonight at 7:08 p.m. after the meeting had begun.
Greg Herrick, Ms. Wilcher's attorney, said they would like to meet the requirements of the Town Board.
A resident asked if they were proposing to build another facility, and was told this was just trying to get it into compliance on a permit that was issued six months ago. The resident said the place is a mess, the fences are falling and everything is in such disrepair and questioned why this is taking so long. Mr. Erichson said you have to do things in legal steps, and that takes time. He asked why it is taking so long for the owner to bring it into compliance.
Mr. Herrick said she has been making improvements on the property, and said he understands that the shed has been repaired, and the straps on the silos. The only other issue is that of the construction equipment. The equipment is there, but the business is not being run there. They are working on the farm, grading and plowing. They have been there to help organize and bring the farm up to date. The telephone and office are in another location.
Mrs. Gifford responded the allegation was not that they are operating there, but parked and stored there. Mr. Herrick said they are trying to cut that down, and some of the trucks are being used on the farm.
Brian Kline said they are working on the stalls, hauling clay for the stalls. There is no equipment that can be seen. Mr. Erichson said this is not what our Police Officer reported, and this has been stretched out for years and was a problem with Mr. Garley long before Ms. Wilcher owned the property. The answer at that time was that he was using the
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equipment to develop his land, and the ordinance does allow equipment to be used for that purpose, .for a certain number of days while working on a project. Brian Kline said nothing can be seen from anywhere driving around the farm, and what is in the shed is irrelevant so should not matter at all, and no business is being run out of the farm.
Mrs. Gifford read the conditions from Dennis O'Donnell that were incorporated into the permit, that says there shall be no outside storage of equipment except horse trailers of boarders and trainers that will be stored there; that adequate sanitation facilities be provided for owners of the boarded horses, and that no one may live in the barn and no business of any type is permitted in any buildings on the property other than the stable and arena.
Mr. Herrick said they would like to work out a compromise for the equipment as with the nature of a farm there will always be a need for machinery there and work needing to be done necessary to the operation. Mr. Erichson said we understand that. Mr. Herrick said he thinks what is needed is an alternate to the extent that is possible for the equipment being used on the farm. They are making attempts to keep the bulk of equipment out of sight to appease the neighboring surroundings.
A resident suggested when the Klines' need to use the equipment then let them bring it in that day like everyone else. He also suggested moving the graders off the farm as he has not seen it yet plowing snow. Mr. Erichson said the neighbors feel there has been an abuse here, and this is what has happened as we have had problems with this for a number of years.
Mr. Herrick said if the road grader is the major concern, then they will move it off the farm or into an enclosed building with the understanding that there is an ordinance that allows 120 days of use. Mr. Erichson said there are 5 tandoms in there according to the Police Officer, and that is beyond what is allowed. It is not just that the trucks are there for the farm, but it is like headquarters to come in and out to do business elsewhere, besides the living in the barn. Mr. Herrick proposed to the Board that they come and take another look at how they are operating and what equipment is there and she will work with the Board.
He feels they are in compliance with all the other terms and she is trying to improve the farm.
Connie Tary asked if anyone is living in the barn, and was told no one is as of today.
Chuck Wildenauer, formerly living on Justen Trail, said according to the By-laws of the Homeowners Association, he is the chair and would like each thing read in the complaint. There has not been a lot of cooperation in the things set out, such as sleeping in the barn, cars unlicensed in Kline's name and others, and abandoned cars in addition to the Kline Bros. equipment.
The silo was supposed to have the holes filled in, but still are not plugged
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the last time he saw. For safety and aesthetic value they should be filled up. There have been parking problems with events in the street being blocked and the sheriff having to be called. A neighbor had to have cars moved off his property and pay the expenses, while these are still there. He felt these should be read one at a time.
Mrs. Gifford read each condition as follows. Condition one approved for boarding horses, not to exceed 60 animals plus foals. Adequate shelter be provided in accordance with accepted standards, for the number of horses boarded, inside and outside.
A PCA permit be obtained for disposal of manure, and that this permit be complied with in all conditions. It was then discussed about specifying that the manure should be spread on the property south of Highway 96. Peter Costa said the manure can be spread on his property, but has not been for some time. Mr. Wildenauer said they are just putting it in a thick layer and in one area. They are not using the property they have permission to use, and the stuff is thick with the reasoning she wants to improve the top soil. Mr. Costa said the manure does not have much nutrient and mostly sawdust. Mrs. Gifford said that is something for the PCA to determine as none of us are experts on that. Ms. Wilcher said her intent is to spread it across the road but has not due to the ice and snow. The PCA permit is not specific about where it is to be spread, just mentions the 52 acres. Mr. Costa said there is always room, as he rotates the crops and there is always one area unused. Brian Kline said it is now being spread east of the pole buildings, and behind.
The second condition is to allow all normal stable activities such as indoor riding arena, boarding, training and breeding. There be no on street parking. A resident said they have blocked the street several times. Ms. Wilcher's son said he talked to several of the residents and they told him they have had no problems with that. Mr. Erichson said the Sheriff's Office does have records of calls, and he has received some as well. We are getting worn thin so we have to follow the conditions in the future.
They are not conditions for just part of the time.
Condition three is no one may live in the barn, and that no business of any type is permitted in any buildings on the property other than the stable and arena, both being permitted. Connie Tary said someone was still living there Sunday. It was responded with that many horses being checked on it is important to have someone stay there. Mr. Erichson said when someone is working there when foaling it is allowable, but not as a place of residence. It does not have the facilities for that.
Mr. Wildenauer said that is one more violation of the law, as you cannot do it.
Condition four is that there be no outside storage of equipment except horse trailers of boarders and trainers that will be stored there. That adequate sanitation facilities be provided for owners of the boarded horses. Mr. Erichson said we have had comments on the equipment boarded there. Mr. Wildenauer asked about the cars
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the officer found there, and it was mentioned there may be one still on the premises.
Condition five is that the silos that have straps missing shall be repaired. That the shed be repaired and that the silo and the north side of the barn be repaired. Mr. Erichson asked if the shed is repaired, and it was agreed that it has been. Mrs. Gifford asked about the holes in the shed, as that is why we had Mr. Goodman inspect. The Town Board is concerned about safety, and that is why we asked Mr. Goodman to go out there. Mr. Wildenauer said he was asked to report about this for safety and aesthetics reasons - whether the inspector says it is hazardous or not, the holes were not fixed. It was agreed the holes will be plugged if they are less than 12' from the ground.
Condition six is that all land legally described in the application is included in this permit. No land covered by this permit shall be subdivided. Violation of any conditions of this permit may result in revocation of said permit.
Condition seven is any change in plans shall require an amended conditional use permit.
Condition eight is the owners of the subject property shall maintain in full force general liability insurance that covers personal injury and property damage arising from operation of horse boarding and riding facility on subject property. The Township should be notified if insurance is revoked, and Mrs. Gifford will contact the agent on the policy to be sure that this is followed through. The amount of insurance will also be reviewed by the attorney.
Condition nine is that this permit shall be recorded against the property in the office of the Washington County Recorder.
Condition ten is that this permit shall be reviewed on an annual basis by the Grant Town Board. It shall also be reviewed each time the property is sold. The Town Board or its designated agents and the staff of Washington County Dept. of Public Health shall have right of access to all facilities on this property during daytime hours.
Condition eleven is that horse shows held by the stable be limited to three per calendar year and conducted under the following conditions: (a) adequate temporary sanitation facilities be provided. (b) no overnight camping permitted. (c) all Victoria Station roads must be maintained as two-way open thoroughfares. (d) the stable be responsible for the provision of policing action necessary to assure compliance and to preserve order. After some discussion, the temporary sanitation facilities have been placed inside the barn so as not to offend the residents nearby.
Mr. Herrick said he felt they were in compliance with a number of the conditions as of now. He asked that a more recent inspection
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of the property be made. Mr. Erichson said a lot of the infractions occur only at times, such as during the events. We do want to see compliance with those conditions in the future, however.
Ms. Wilcher said that the manure will be spread across the road; on the stable property until the tractors can haul it across 96. Mr. Erichson said if other problems come up in the future, those will be addressed at the next review, so it is important to take care of it. It is a problem if the manure is too thick and too close to the neighbors. Brian Kline said they have plowed an area in the center of the farm where it should not bother anyone. The 52 acres mentioned in the PCA permit is not real specific. Mr. Herrick said they are here to work with the Board and the neighbors to the extent possible. A resident asked if it is permissible to spread the manure on a gravel road or driveway. It was felt this must be spillage. Mrs. Tary commented that. They are reducing the amount of pasturage by spreading it on the stable property. Mr. Welander said the pasture is used more
for an exercise area than pasture.
Mr. Herrick requested that someone come out for an on-site inspection and discussion. The on street parking will be taken care of, and we are assured that no one will be living in the barn with the exception of during foaling. As to the equipment, when the work is done the equipment will be out, such as hauling clay for the stalls, the septic system worked on. It will be gone by summertime. Mr. Erichson said we are getting the right answers, but actions have to follow. If the holes in the silos are found to be lower than 12 feet, they will be filled in within a week. The annual review would begin in mid-summer. As to the equipment, if that work is done there it is permitted, but the equipment is not to be operated out of there as a business. Brian Kline said they will begin again to haul clay shortly. While this is being done, the trucks will be there overnight but not brought out to other jobs each day. Brian Kline said they are stored inside and not where anyone can see them. Mr. Erichson said part of the problem is with them coming and going. Mr. Wildenauer said if it was agreed to in the original permit then get them out of there. Brian Kline said people are just complaining to be complaining and they should not be bothering them. A resident said that Mr. Klein said with his own words, they were coming and going to other jobs so that sounds like they are headquartered there. Ms. Wilcher said if she owned the trucks, then they could stay there with interior storage.
Connie Tary asked if the permit is in effect since it was never complied with. Mrs. Gifford said certain conditions were to be complied with and it has not been revoked. It is a gray area if it is in effect.
Mrs. Gifford suggested she have the opportunity to review the insurance as this is the first she had seen it. If all is taken care of, we can discuss this at the April 6, 1992 meeting. It will be reviewed again by the Planning Commission in June or July, and
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then to the Town Board in August for review. There are still questions about the holes in the silo, and Mr. Goodman could go out and inspect again. She will contact their insurance agent that we are to be notified if the policy is revocated. Mr. Erichson moved we table this revocation hearing until our next meeting on April 6, 1992 to allow time for the attorney to review the insurance policy and that the policy have an added rider on it that we would be named at time of cancellation of the policy as agreed to by the applicant tonight, and that we put it on the April 6 agenda and schedule an inspection by the Building Inspector of Washington County and our Constable within two weeks of the April meeting to report on the status at that time. Mr.
Welander seconded the motion. Motion passed. There was some discussion as to whether the permit would be revoked at the April meeting if not in compliance, and it was then determined that would depend on the Board and would have to be done in legal steps. A resident said there is an adversarial attitude here that is surprising to be in his neighborhood after living here for 5 years, and it makes him angry to find that. The attitudes displayed here by a couple of gentlemen he finds are offensive and wonders why this can't be resolved in a friendly, neighborly manner and wishes the lady in front couldn't just stand up and say all these things will be taken care of. This seems to have gone on a long while and we are just playing games.
The special meeting was then adjourned, at 8:10 p.m.
Respectfully submitted
(Signed)
Sheila S. Davis Clerk
KJC |
