October 12, 2015 at 3:15 p.m.

Clear-cut commotion in Manitowish Waters

Planning commission deliberates revegetation, trail maintenance
Clear-cut commotion in Manitowish Waters
Clear-cut commotion in Manitowish Waters

The Manitowish Waters planning commission voted 4-3 last week to accept a revegetation plan from Rest Lake Apartments, LLC as restitution for a clear-cutting violation.

Trees were removed from the Rest Lake Apartments, LLC property located at 13857 Woodland Lane, Manitowish Waters. The revegetation plan, designed by Birchfield Nurseries in Rhinelander, will cost an estimated $6,970.

The plan was received by the Vilas County zoning department Sept. 16 and approved Sept. 24. It includes the removal of dead, dying, diseased and dangerous trees, shrubs and scrub, as well as the replacement of vegetation and trees removed in violation of the town ordinance. The ground will be leveled and topsoil enhanced, according to the plan, and erosion will be controlled with seed and mulching.

The plan requires the planting of 15 balsam firs, seven American cranberrybushes, 11 chokeberry shrubs, 10 snowberry shrubs and four dogwood shrubs.

Rest Lake Apartments, LLC is owned by Richard and Elizabeth Uihlein and managed by EAU Holdings.

Larry Barry, an attorney speaking on behalf of EAU Holdings, said the zoning ordinance did not properly define clear-cutting, and the Uihleins made every attempt to work with local contractors who should have been aware of local zoning ordinances.

The commission decided not to levy additional fines on the property owners in addition to the revegetation plan, but said fines are still accruing for the contractor who conducted the clear-cut, Jake Allen of Jake's Tree Removal in Marenisco, Mich. Allen was unable to attend Tuesday's meeting.

The zoning ordinance states that "tree removal limitations are provided to protect shoreland areas as well as to preserve the scenic beauty of Manitowish Waters."

Clear-cutting is prohibited except in the following areas:

• Building footprint and 30-foot perimeter of buildings;

• For installation of private septic systems; and

• Twenty-feet wide roadway from public roads or easements to principal structures that may not encroach on any setback.



Bike trail maintenance

recommendation

In other business, the commission reviewed an updated version of a bike trail maintenance agreement that is being negotiated between the town of Manitowish Waters and the Uihleins. The updated version removed language that gave Elizabeth Uihlein sole discretion over certain decisions and gave her authority to approve or disapprove signs.

At the September town board meeting, town chair John Hanson apologized for mistakenly signing a maintenance agreement for the bike trail before submitting it to the town board for review. Board members agreed at that meeting that, since the agreement was not approved by the board, the agreement was null and void.

The Uihleins and EAU Holdings agreed, and Elizabeth Uihlein did not sign the agreement.

The Uihleins made a substantial donation to the Manitowish Waters Bike Trail, a 501(c)(3) nonprofit overseeing the construction of the bike trail.

A maintenance agreement between the Uihleins and the town would provide maintenance, upkeep and repair of the trail within the town boundaries. Town citizens expressed concern that the agreement gives too much authority to the Uihleins to determine how the trail will be managed and used.

Commissioners said that the maintenance agreement was fair and generous, but they wanted to have more details about the maintenance plan such as hours of maintenance.

Commissioners ultimately recommended the board accept the maintenance agreement pending the addition of language assuring decisions are made with cooperation between the town and EAU Holdings.

Hanson said the town board will take up the maintenance agreements for the bike trial and the Rest Lake Park pavilion at its next meeting which is scheduled for 7 p.m., Tuesday, Oct. 13 at the Manitowish Waters Town Hall.

Ryan Matthews may be reached via email at [email protected].

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