Lake Tomahawk asks county to shift RV-shop permit to CUP after resident pushback

The Lake Tomahawk town board on May 13 didn’t recommend approval of an administrative review permit (ARP) application, but instead agreed to send it to the county to see if it should be a conditional use permit (CUP) application.

Board members agreed to do so after citizens in attendance protested the ARP application for what would be a recreational vehicle repair shop on Crow Road near Horsehead Lake. The land for the proposed business falls within recreational zoning, town chairman George DeMet has told The Lakeland Times, and the proposed use is allowed in that type of zoning. 

He started the board’s discussion of the ARP application at the May 13 meeting saying he spoke with the Oneida County planning and zoning department about it. DeMet also said the state Department of Natural Resources (DNR) has been involved and said he believes the applicant, Joseph Miklos, has been communicating with the state. Miklos said he was. 

Miklos said all floor drains of the building have been capped internally and externally. 

“As far as environmentally, that was the biggest concern,” DeMet said. “The other concern was the … screening. I drove in there today … you’re surrounded by woods. So basically no one can see what’s going on there, so as far as screening goes I think we’re OK with that.”

Miklos said it’s easier to see through the vegetation come winter time, but said he proposed in the permit application to incorporate “some sort of vegetation screening” and possibly a fence. 

“We have a list of concerns from some of the neighbors that we were going to submit with the application to send back to the county,” DeMet said. “This is part of the (recreational zoning’s) permission … to allow this to happen, and I know that a lot of people don’t agree with that, but we can’t turn someone down just because the neighbors don’t care for it.”

A neighbor in attendance said because they didn’t like the proposed idea wasn’t the reason they were in opposition of it. 

DeMet said the town is aware of what the concerns are and he believes Miklos “is trying to abide by all the objections.”

Sandy Winkelman and her husband Gerry Winkelman, neighbors of the property the business is being proposed for, were permitted to speak. 

Sandy Winkelman read a written statement addressing first Miklos and then the board. 

“Every neighboring property owner adjoining this property has expressed concern that introducing a recreational vehicle repair business into this setting could negatively and permanently impact the character of our neighborhood and community,” she said to Miklos, addressing the board next. 

Sandy Winkelman said from researching two similar businesses in the county that have gone through the zoning process before, they were required to obtain CUPs and not ARPs. One of the businesses was in downtown Lake Tomahawk and the other was in Newbold “already operating on a property functioning as a detailing shop and vehicle sales lot before approval was granted.”

Ed Choinski, uncle of Miklos and there supporting his nephew, called for a point of order, asking why DeMet was allowing her to speak.

DeMet allowed Sandy Winkelman to continue, but asked her to keep it short. 

She continued, explaining the distinction between an ARP and a CUP matters because a CUP requires a more in-depth process that allows for closer review and a public hearing. 

Gerry Winkelman spoke next. He said he was a small business owner as well and had nothing personal against Miklos or Choinski. 

He emphasized that “false information” included in the ARP application should have resulted in the application being rejected. 

“It’s very clear on the permit application that was filed with the county there’s false information,” Gerry Winkelman said. “It should be rejected on that basis alone. When the box was checked that there was no hazardous material on-site, that was an outright falsehood and that should reject this permit.”

DeMet said the application had been revised. 

While Gerry Winkelman continued, Miklos explained he’s been working with the DNR to satisfy any concerns. 

Gerry Winkelman also disagreed with DeMet with regard to screening. He said he could “see very clearly” the property from his front yard.

He went back to his issues with potential “hazardous waste.”

Choinski interjected, though, saying Miklos already had discussed those issues with the DNR and was told what he was trying to do was OK. 

“He’s not going to be doing what you think he’s doing,” he said. “Quit making up all these lies.”

The discussion became contentious and DeMet asked to “keep it civil.”

Winkelman reiterated his concerns with potential hazardous waste contaminating nearby water. 

“I understand what you’re getting at,” DeMet said. “We went through this last month. Like I said, the DNR has been in touch with (Miklos), the application has been adjusted to reflect all of that. He’s been working with the DNR. He’s capped off all the drains. All the work is going to be done inside the building. I suggest you get to know him, OK?”

Winkelman said Miklos “never introduced himself,” though DeMet said that “goes both ways.”

Christy Seidel, a member of the public attending the meeting, suggested the ARP be switched to a CUP. 

“I feel, just in my opinion, I’m observing what’s going on … the property is zoned for this gentleman to do his business, understandable, but perhaps a good compromise would be a conditional use permit versus an (administrative review permit) because that way you’re putting some restrictions in place that would make the neighbors more comfortable with the understanding it’s going to be monitored,” she said and DeMet had to tell everyone to quiet down because comments began to erupt. “I feel like that would be a nice compromise for everybody involved in this situation. At least they would feel it was being monitored and he would get to operate his business.”

DeMet asked town supervisor Lenore Lopez, also a member of the Oneida County board, if that would be something the county could do. 

The town only recommends approval of ARPs and CUPs. While the county’s planning and zoning department staff approve ARPs, a CUP needs to be vetted through a public hearing, the county board’s planning and development committee and full county board for approval. 

“This application doesn’t require a conditional use permit,” Choinski said and DeMet said he understood that. “This is allowed.”

He also noted CUPs can be revoked. 

“He hasn’t done anything wrong yet,” Choinski said. 

He explained that what is listed on the ARP application, “servicing a marine, snowmobile or other recreational vehicles,” is what regulations for recreational zoning allows for with an ARP. 

“It cost him $500 just to get this application on your desk,” Choinski said. 

Back and forth between members of the public attending the meeting erupted once more.

DeMet raised his voice, asking everyone to stop. 

“I’m going to ask you to help us move this to the county level for a conditional use permit,” DeMet said to Lopez and she agreed. 

The board voted 3-0 to do that.

Trevor Greene may be reached via email at [email protected].