To:          Town Planning Commission Members

From:    Community Development Staff

Date:     11/5/03

RE:         Agenda Item 5 – Certified Survey Map – Martenson & Eisele, Inc/Tourism Attractions Group, LLC – 2285 Butte des Morts Beach Rd. – Proposed 1-Lot Land Division


Martenson & Eisele have submitted a CSM on behalf of Tourist Attractions Group, LLC to create a one lot land division.  This site is zoned R-1 Rural Residential District and is occupied by a single-family home.

There are several concerns staff has:

1.       WIDNR Wetland Inventory Maps identify wetlands on this property.  No wetlands have been identified on the CSM. 

2.       By “clipping” out Lot 1 from the remainder of the parcel, an unbuildable site is created.  Chapter 6.09 of the Town of Menasha Municipal Code sates, “Where the subdivision of a tract of land contains a portion of land unsuitable for development because of poor drainage, floodable conditions, poor soil conditions, adverse rock formation, unfavorable topography, inadequate water supply or sewerage disposal capabilities, or for any other reason, such areas shall not be divided into buildable sites."

Staff Recommendation

Staff recommends conditional approval of the CSM with the following conditions:

1.       In accordance with Chapter 6.09, the applicant could survey parcel 008010107 in its entirety.  It is suggested that the proposed Lot 1 shown on the face of the submitted CSM remain Lot 1 and the remainder of the parcel be shown as Outlot 1. 


2.       Prior to the Town signing of the final CSM, the applicant shall have the wetlands field identified by a certified biologist; verified by the DNR and the Army Corp of Engineers; and delineations shall be placed on the face of the CSM. 


3.       Should wetlands be identified by a certified biologist, the following note shall be placed on the face of the Certified Survey Map:


Those areas of land which are identified as wetland on this CSM shall be subject to Section 17.22 – Wetland District (Overlay) of the Town/County Zoning Ordinance and the following restrictions:

a)   Grading and filling shall be prohibited unless specifically authorized by the Town of Menasha, and if applicable, the Wisconsin Department of Natural Resources, and the U.S. Army Corps of Engineers.

b)   The removal of topsoil or other earthen materials shall be prohibited.

c)   The removal or destruction of any vegetative cover, i.e., trees, shrubs, grasses, etc., shall be prohibited with the exception of dead, diseased, or dying vegetation at the discretion of the Town of Menasha.  Removal and all costs associated with removal at Town of Menasha discretion shall be responsibility of the landowner.

d)   The introduction of plant material not indigenous to the existing environment of the wetland shall be prohibited.

e)   Ponds may be permitted subject to the approval of the Town of Menasha, Winnebago County, and where applicable, the Wisconsin DNR and or the U.S. Army Corps of Engineers.

f)    Construction of buildings is prohibited.