Notice of Nomination

The Lake Beulah Management District (LBMD) is accepting nominees for election to the Board of Commissioners.  There are two seats of members who are seeking reelection. Any three electors authorized to vote in LBMD elections may submit a signed statement nominating candidates. Each candidate, who must also be authorized to vote in LBMD elections, is to include a signed statement indicating willingness to serve a three-year term on the board.  Addresses and telephone numbers of all are to be included. 

 Nomination statements must be received at LBMD, P.O. Box 71, East Troy, WI 53120 no later than August 15, 2022.  The election will be held at the Annual Meeting on August 22, 2022, 7:00 p.m. at the East Troy Town Hall.

Ms. Valerie Johnson, Secretary/LBMD Commissioner


Lake Beulah Boat Launch

Please remember to pay launch fees at Wilmer’s Point Landing. To follow are the Town Ordinances.

Town of East Troy Ordinances:

16.25.010 Intent.

It is the intent of this chapter to create fees consistent with the Wisconsin Administrative Code and the Department of Natural Resources rules and regulations pertaining to fees which may permissibly be charged at public accesses. (2008 code § 12.05(1))

16.25.020 Findings.

It is hereby found and determined that the operation of the Wilmer’s Point Landing and the maintenance therefor, along with other costs and expenses that can be directly attributable to the development, operation, and maintenance of this launch shall significantly exceed fees that the Town of East Troy can reasonably anticipate be generated from state access fees. Until such time as such fees can be charged to reimburse the Town of East Troy for such costs, it is the finding of the Town Board that it is in the Town of East Troy’s interest to charge the maximum permissible fee permitted under existing Wisconsin Administrative Code and Department of Natural Resources regulations. (2008 code § 12.05(2))

16.25.030 Fees.

For the 2016 calendar year, and thereafter until such time as the Town of East Troy may amend this chapter or obtain approval from the Department of Natural Resources to charge additional fees, the boat launch fees for Wilmer’s Point Landing shall be those fees as outlined below; however, if any of those fees exceed the maximum permissible fee permitted under NR 1.91(11), Wisconsin Administrative Code, said maximum will become the applicable fee:

1.    Nonmotorized or nontrailered craft: $8.00;

2.    Motorized craft less than 20 feet: $11.00 for resident and nonresidents;

3.    Motorized craft between 20 and 26 feet: $13.00 for residents, $20.00 for nonresidents;

4.    Motorized craft greater than 26 feet: $16.00 for residents, $24.00 for nonresidents;

5.    Annual pass: 10 times the amount of the applicable fee above (i.e., $110.00 for an annual pass for a    motorized craft less than 20 feet). (Ord. 2016-1 § 1; Ord. 2008-02 § 1. 2008 code § 12.05(3))

16.25.040 Fee applies to residents.

The foregoing fee shall apply to residents. “Residents” means persons who permanently reside or own real property within the Town of East Troy. A nonresident is anyone who does not maintain residency or own property in the Town of East Troy. (2008 code § 12.05(4))

16.25.050 Nonresident fee.

Nonresidents shall pay a launching fee equal to 150 percent of the fee charged a resident under the aforementioned fee schedules. (2008 code § 12.05(5))

16.25.060 Annual fees.

Residents or nonresidents may apply for an annual fee which shall be equal to 10 times the daily launch fee. An annual pass shall be available at the launch site, when the attendant is present, or at the Town Hall during regular business hours. (2008 code § 12.05(6))

16.25.070 Posting of fee schedules – Collection of fees.

The Town Chief of Police shall post the fee schedules at the public landing and shall supervise the collection of fees. The Chief of Police may appoint parking lot attendants and other nonpolice personnel to supervise the operation of the launch and the Wilmer’s Point parking facility. Any failure to obey the directions of the launch attendants shall be deemed to be failure to obey a police officer and enforceable under ETMC Title 9 as if such attendants were police officers or other Town officials. (2008 code § 12.05(7))

16.25.080 Commercial users.

Commercial users of the launch shall be limited to those businesses that repair or provide maintenance to boats and any permit under this section shall be limited to boats that are actually serviced. Contractors that use the boat launch only for “work barges” which carry materials such as piers, gravel, sand, stone, etc., for pier, landscaping or sea-wall business shall be permitted to pay an annual $175.00 commercial access fee and shall be permitted weekday and limited weekend usage of the launch area, regardless of whether or not the parking lot is full. Their use shall be limited to access to the launch area and they shall be prevented from using any part of the parking lot for such special launching services. Work barge activity may be limited to weekdays or Saturday mornings, if the attendant believes that such activities do not unreasonably interfere with the ability for other users of the boat launch to launch or retrieve their boats. Commercial users of the launch, as defined in this section, and contractors that use the boat launch only for “work barges” which carry materials such as piers, gravel, sand, stone, etc., for pier, landscaping or sea-wall business shall be permitted to pay an annual $175.00 commercial access fee and shall be permitted weekday and limited weekend usage of the launch area, regardless of whether or not the parking lot is full. (2008 code § 12.05(8))

16.25.090 Payment of launching fees.

All launching fees provided for in this chapter shall be paid in the presence of the attendant at the landing or parking lot, if such attendant is present. If no attendant is present, the permit fee shall be placed inside a sealed envelope, as may be provided at the launch or parking lot at Wilmer’s Grove Road. The name of the person launching the boat, along with the boat identification number, shall be placed on the outside of said envelope. All instructions on said envelope shall be complied with prior to launching any boat. The receipt provided by the Town of East Troy shall be kept by said person launching the boat as proof of compliance with this section. Failure to comply with the requirements of this section shall subject the violators to a penalty of not less than $50.00 nor greater than $500.00 per violation. (2008 code § 12.05(9))

16.25.100 Parking lot closure.

The parking lot shall be closed and parking prohibited between 11:00 p.m. to 5:00 a.m. However, vehicles parked before the closed period may remain and be retrieved upon exiting the lake without any additional parking fee applying to the next day. Parking shall be limited to those areas within the painted lines and numbered parking slips. There shall be no parking along any of the curbs surrounding the parking lot. Parking shall be limited to those vehicles which have launched a watercraft and which have remitted a launch fee in accordance with the provisions of this chapter. (2008 code § 12.05(10))

16.25.110 Loitering prohibited.

There shall be no loitering at the boat launch, at the boat launch parking lot, or on the boat launch pier. The pier may only be used for the immediate launching or retrieval of boats or watercraft from Lake Beulah, or for temporary use of the public facilities at the boat launch or boat launch pier. Swimming or fishing off the public boat launch or boat launch pier shall be prohibited, as the Town finds such activities are inconsistent with boat launch usage and will create a health and safety hazard. (2008 code § 12.05(11))

16.25.120 Fishing tournaments.

Any fishing tournament or other organized activity involving a business promotion, tournament involving awards or trophies, or any other organized activity calling for the usage of five or more parking spaces at the Wilmer’s Grove parking lot shall be prohibited except by a special event permit. Any application for which a DNR permit is required shall be accompanied by the permit issued by the Department of Natural Resources and be attached to the form which shall be available at the Town Hall or through the Town’s Police Department upon prior request. Special event permits may be issued by the Town Chief of Police upon no less than 72 hours’ prior notice. Each person participating in such an event and the organization itself shall be deemed in violation of this section if a special event permit is not obtained. The fee for this special event permit shall be $5.00 for the permit plus $1.00 for each participant. A surcharge of $2.00 per vehicle using the boat launch and/or parking lot shall be assessed. In the event the number of participants in a special event exceed the permit applied for, then the applicant shall report the same to the parking lot attendant or, if there is no parking lot attendant, to the Town Police Department by 8:00 p.m. of the day of the special event and pay a fee equal to such additional participation no later than the end of the third business day following said event. (2008 code § 12.05(12))

16.25.130 Review of fees.

The Town Board shall review fees on an annual basis to insure that such fees bear reasonable relation to the costs of the Town of East Troy pertaining to the maintenance of the public launch and to the Town’s lake-related supervision and enforcement costs. The Town shall annually seek such adjustments from the Department of Natural Resources as may be warranted based upon the Town’s expenses related to the launch. (2008 code § 12.05(13))

16.25.140 Administration and regulations.

The Town Chief of Police shall administer the boat launch fee program and establish regulations necessary to implement the foregoing fees, meet all posting requirements, and establish other safety regulations as he may deem necessary in the interest of public health, safety and welfare. (2008 code § 12.05(14))

16.25.150 Overnight parking.

Overnight parking shall be permitted for those that have launched boats prior to 11:00 p.m. However, any vehicle that is parked after 5:00 a.m. the following morning shall pay an additional daily parking/launch fee as set forth in ETMC 16.25.030. (2008 code § 12.05(15))

16.25.160 Display of parking receipt.

Inclusive in the provisions of this chapter providing for parking fees, any receipt for parking must be prominently displayed on the dash. (2008 code § 12.05(16))


Thank You, Residents of the Lake Community

This last Monday night I was amazed and gratified by the tremendous turnout for the Annual Meeting of the Lake Beulah Management District.  I was so pleased to see such a turnout to assure that out lake District election was truly representative of the will of the people.  It was also a welcome vote of confidence for the board of which I am truly honored to represent as chairman. I wish to extend my most hearty thank you for this.

I want also to thank the entire board for their hard work throughout the entire year and for the great job in handling the unexpectedly great turnout.  It is truly an hour to represent the District.  Rest assured your representatives on the board will continue to work for the best interest of Lake Beulah and will fight any and all battles as needed.

Thank you again. Dave Bitter, Chairman


Update on Hotel Proposal

Last night, October 15 2020, the Walworth County Board Planning Committee rejected the appeal of 1341 Beach Road LLC (the Beulah Hotel) to put a hotel on the premises of Lindey’s Bar.  It was a great victory for the lake, lake residents and the many townspeople who use the lake.  The planning committee acted in response to the many residents who either wrote in, appeared or testified.  In the end they were equally swayed by the Town of East Troy recommendation to deny.  That of course, also was the result of among other things popular input at the town meetings. All in all, it was a victor for the lake, its residents and the townspeople.


Lake Beulah Hotel Zoning Mtg

2020 CZA Public Hearings

 

Walworth County Zoning Agency Meeting Instructions for October 15, 2020 :On Thursday, October 15, 2020, the County Zoning Agency will hear a number of land use applications beginning at 5:30 PM.  It is anticipated that two of these hearings will draw large groups of individuals.  The County Board Room generally accommodates about 60 people.  In light of anticipated heavy attendance, the County will be setting up a number of “overflow” areas in the Government Center.   These additional areas will allow people wishing to speak for each of the hearings the opportunity to view the meeting live and appear at the hearing at the appropriate times.

Due to the current pandemic, we HIGHLY encourage people to take advantage of calling in to the meeting to provide testimony.  When doing so, individuals on the phone will have the ability to hear everything that is said in the County Board Room and will be called upon to speak when it is their turn.  The meeting is also streamed live and can be viewed here: https://mediasite.co.walworth.wi.us/Mediasite/Play/0fc01fb2ea1d43afb3611a64ada11b311d

If you wish to call in, you MUST contact Shannon Haydin no later than NOON on Thursday, October 15th.  You only need to contact Ms. Haydin if you will be testifying remotely.  You can reach Ms. Haydin via telephone at 262-741-7912 or email at [email protected] 

Please note, in June of 2019, the County Zoning Agency adopted time limits for all hearings.  You can review these limits on the Land Use and Resource Management website on the Planning page.  https://www.co.walworth.wi.us/DocumentCenter/View/2980/CZA-Time-Limits Represented opposition (e.g.- represented by an attorney, engineer or other professional) are granted a total of 15 minutes of time to present.  This does not mean each organized group is granted 15 minutes.  If there are multiple “representatives” you will need to coordinate with each other on how to divvy up your allotted time.  Individuals not “represented” will be allowed to speak for 3 minutes each in favor or against the proposal.

TO BE HEARD AT 6:25 P.M. OR AS SOON THEREAFTER:

Individuals attending for the 1341 Beach Road LLC/D1341 Associates, LLC (Beulah Hotel) hearing should proceed to Room 214 when they arrive at the Government Center.  Elevators are available for individuals that cannot ascend stairs.  Video footage of the hearings will be streamed live to this room.  When the Boss/Payne and Dolan hearing is completed the County Zoning Agency may take a 5 to 10-minute break to allow individuals to get situated for the next hearing.  During this time, individuals should proceed to the County Board Room and the adjacent overflow area.

County staff will be on site to help direct people to the appropriate location while they await their time to participate in the hearings.  


Lake Beulah Hotel Conditional Use Approval

Lake Beulah Management District Opposition to the Lake Beulah Hotel Conditional Use Approval


THE FOLLOWING IS A REFORMATTED LETTER SENT TO THE TOWN OF EAST TROY CHAIRMAN, JOE KLARKOWSKI WITH ATTACHMENTS FROM THE LAKE BEULAH MANAGEMENT DISTRICT’S ATTORNEY, HOPP NEUMANN HUMKE. THE CONTENT ALTHOUGH REFORMATTED FOR THIS POST IS THE SAME AS THE ORIGINAL LETTER. THE LETTER STATES THE REASONS FOR THE LAKE BEULAH MANAGEMENT DISTRICT’S OPPOSITION TO THE APPROVAL OF A CONDITIONAL USE FOR THE PROPOSED HOTEL.

August 5, 2020 Via Certified
Mail and Regular U.S. Mail
Town of East Troy
Attn: Joe Klarkowski, Chairperson
P.O. Box 872 East Troy, WI 53120-0872
RE: Lake Beulah Management District Objection to Hotel Development
Dear Chairperson Klarkowski:
This office represents the Lake Beulah Management District (“LBMD”). LBMD is a quasigovernmental body created under Chapter 33 of the Wisconsin Statutes. The mission of LBMD is to protect the water quality and quantity of Lake Beulah for the benefit of all Wisconsin citizens as well as Lake Beulah riparian owners.
In order to protect the quality and quantity of the waters of Lake Beulah, LBMD is opposed to the development of a 68 unit hotel (with commercial kitchen and laundry facilities), a 300 square foot public restaurant (Coffee Shop), including a substantial impervious parking area required to accommodate the Development proposed to be constructed at W13040 Beach Road (the “Development”). The proposed Development is too large and too intense for the 2.94 acre parcel which is currently occupied as Lindey’s at W13040 Beach Road.
LBMD has referred the conditional use permit application of 1341 LLC, a/k/a 1341 Beach Road LLC, (the “Developer”) to us for review and determination as to whether or not the proposed Development complies with applicable Walworth County zoning, shoreland, storm water, sanitary, and water supply ordinances and regulations. After review we have determined that the Development does not comply and must not be approved.
The Development does not comply with the following Walworth County ordinances:

  1. Zoning Deficiency:
    The property is currently zoned R-1 and B-3. The proposed Development requires the use of the entire parcel (2.94 acres or 128,066 square feet) to attempt to satisfy all Walworth County zoning requirements. The R-1 and B-3 zoning classifications are identified on the map attached hereto as Exhibit 1. Section 74-37 of the Walworth County part “No part of any lot, yard, working area, or other space required for a structure or use shall be used to meet the requirements for any other structure or use”.
    In other words, the proposed Development must use the R-1 zoned areas in order to satisfy the fifty foot (50’) rear yard setback requirement of the B-3 zoning (Code section 74-55 – Business Districts). Hotels, motels and tourist resorts are allowed as conditional
    uses in the B-3 Waterfront business district but are not allowed uses in the R-1 singlefamily resident district (unsewered) pursuant to Code § 74.54. The R-1 zoned areas cannot be used to support and/or satisfy any setback or area requirements for the B-3 Development. The Development as proposed is not allowed nor is it in compliance with the current Walworth County zoning regulations.
  2. Parking Deficiency:
    § 74-74 of the Code requires “off-street” parking stalls for the Development as follows:
    Use/ Parking Stall
    Allotment Project Total
    Hotel 1 per/ room 68 total
    Employee Parking 1 per every 3 employees (Estimated 4 employees per shift) 2 total
    Restaurant (300 sq. ft. Coffee Shop) 1 per 150 sq. ft 2 total
    Off-Street Parking Stall
    Requirement 72 total required
    The Development as proposed only has 64 off-street parking stalls and is therefore not in compliance with current Walworth County zoning regulations.
  3. Lot Area Deficiency.
    Code § 74-55 – B-3 Waterfront Business District requires a minimum 40,000 square feet in lot area per principal use or structure and sufficient area to meet off-street parking and
    loading requirements.
    The Development as proposed has three principal uses.
    They are: (1) hotel, (2) restaurant -300sf Coffee Shop, and (3) a commercial kitchen and laundry facilities.
    The three principal uses require lot area of 120,000 square feet plus 31,201 square feet for parking and driveway areas for a total required lot area of 151,201 square feet. The Development as proposed only has a gross lot area of 128,066 square feet and only 117,856 square feet of net buildable area after deducting 10,210 square feet of Town
    road areas. Net buildable area is defined at § 74-263 of the Code as “The gross tract area minus all lands located within existing and proposed street right-of-ways …”.
    The Development as proposed does not contain the minimum lot area required and is therefore not in compliance with current Walworth County zoning regulations.
  4. Shoreland Regulation Deficiency.
    Code § 74-174 subsection E) entitled “Impervious Surfaces”
    Provides that impervious surface standards are established to protect water quality and fish and wildlife habitat and protect against pollution of navigable waters. Impervious surface standards shall apply to the construction of any impervious surface that increases
    the percent of impervious surface that is or will be located on any riparian lot or parcel.
    The proposed Development is located on a riparian lot that has approximately 138 feet of Lake Beulah shoreline frontage. The Code provides that a riparian lot or parcel is allowed up to 15% impervious surface. A riparian lot or parcel may exceed the 15% impervious
    surface limit up to 30% impervious surface but requires a County approved permit and mitigation plan and measures to be implemented by the property owner.
    If the riparian lot or parcel is identified by the DNR as a “highly developed shoreline” it may be allowed up to 40% impervious surface for commercial, industrial or business land uses. The Development does not comply or satisfy these Code limitations. The
    Development as proposed will contain 46% impervious surface calculated as follows:
    Hotel Area: 11,523 sq. ft.
    Pool/patio/walk-ways: 4,732 sq. ft.
    Parking/Driveways: 31,201 sq. ft.
    Retaining Walls: 1,019 sq.ft.
    Town Road Area: 10,210 sq.ft.
    Total 58,685 sq. ft.
    The 40% maximum impervious surface allowed by the Code for the Development on the 128,066 square foot riparian lot is only 51,227 square feet. The Development as proposed exceeds the maximum impervious surface allowed and is therefore not in
    compliance with current Walworth County zoning regulations.
  5. Water Supply Well Deficiency.
    The Developer proposes to use an existing 61-year-old drinking water supply well to supply safe and adequate water for the Development. In support of this proposal the Developer submits a “Preliminary Well Construction Review” letter dated June 17, 2020 from its engineers The Sigma Group, Inc. (the “Sigma Letter”) The Sigma Letter clearly
    reports that its review and conclusion that the existing well and subsurface geology is adequate for the Development is based almost exclusively on the 1959 well construction records. No evidence or information is given about the pumping capacity of the existing
    well. No evidence or information is given about the current integrity of the 230’ annular seal of the well. No evidence or information from a qualified hydrogeologist is given to support the Developer’s statement that the Development will not impact neighboring wells or Lake Beulah. The need for additional pumping information, current well testing, and hydrological analysis of the Development impacts is supported by LBMD’s engineer Bob Nauta and RJN Environmental Services, LLC (the “RJN Memorandum”).
    LBMD submits and incorporates herein by reference as Exhibit 2, a RJN Memorandum as substantial evidence to establish that additional environmental study is required before the existing water supply well can be deemed adequate for the Development. More specifically Code § 74-40 provides: “No zoning permit shall be issued until a safe and
    adequate water supply and sewage disposal system is assured and a sanitary permit is issued”.
    The Development as proposed provides no evidence that a safe and adequate water supply is assured and is therefore not in compliance with current Walworth County zoning regulations.
    The Land Use Plan for the Town of East Troy: 2050 Map A.3 (the “Comprehensive Plan”) recognizes that the approved and authorized land use for W13040 Beach Road is commercial. More importantly, the Comprehensive Plan recognizes that the approved and authorized land use for the adjacent properties is residential and primary environmental corridor. The density, height and size of the proposed Development is not consistent with the existing adjacent residential and environmental land uses and is therefore not consistent with the Comprehensive Plan. It is the intent of County zoning to: (i) provide buffering between residential development and non-residential uses; (ii) protect the quality and abundance of ground water resources; and (iii) protect and Joe Klarkowski, Chairperson Re: Lake Beulah Management District Objection to 68 Unit Hotel Development August 5, 2020 Page 4 of 4 restore environmentally sensitive areas, biological diversity, minimize disturbance to existing vegetation, and maintain environmental corridors. See Code § 74-29 (18), (21), and (22).
    The Development as proposed is not consistent with the Comprehensive Plan and is therefore not in compliance with current Walworth County zoning regulations.
    Finally is important to recognize the legal standard that must be applied to conditional use permit applications as established by Wis. Stat. § 62.23(7) (de). The applicant must demonstrate that the application and all requirements and conditions established by the
    Town and County ordinances relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. “Substantial evidence” is a defined term which “means facts and information, other than merely personal preferences or
    speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.”
    The Developer’s application for conditional use approval falls far short of presenting substantial evidence to allow reasonable persons to accept a conclusion that the Development satisfies all requirements and conditions of the Town and County ordinances regulating zoning, parking, lot area, shore land, and safe and adequate water supply. The conditional use application for the Development must be denied.
    Respectively submitted on behalf of LBMD,
    Michael J. Bauer
    e-mail: [email protected] MJB/dlb
    Enclosures
    cc: Kim Buchanan-Town of East Troy Town Clerk
    Nancy Russel-Walworth County Board Chair
    Mark Luberda-County Administrator
    Michael Cotter-Director Land Use & Resource Management
    Darrin Schwanke-Walworth County Zoning Officer
    Dave Bitter-Lake Beulah Management District President

LBMD Elections

The Lake Beulah Management District (LBMD) is accepting nominees for election to the Board of Commissioners.  There is one incumbent seat of member who is seeking reelection.

Any three electors authorized to vote in LBMD elections may submit a signed statement nominating candidates.

Each candidate, who must also be authorized to vote in LBMD elections, is to include a signed statement indicating willingness to serve a three-year term on the board.  Addresses and telephone numbers of all are to be included.  Any “write-in” candidate present at the Annual Meeting must adhere to the same requirements.

Nomination statements must be received at LBMD, P.O. Box 71, East Troy, WI 53120 no later than Monday, August 24, 2020.  The election will be held at the Annual Meeting on Tuesday, September 1, 2020, 5:30 p.m. at the East Troy Town Hall.

Ms. Valerie Johnson, Secretary/Commissioner