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MARTIN V. TIMMINS ATTORNEY AT LAW 6079 VALLEY BROOK ROAD 04 19' WAUNAKEE. WISCONSIN 53597 +,(r (608) 849-4231 ikCET i April 2, 1995 Town of Westport Board Members and Plan Commission Members c/o Sharon Anderson, Town Clerk Town Administration Building 5387 Mary Lake Rd. Waunakee, WI 53597 RE: Nell/Kolarsky Parcel Proposed Land Division Zoning Petition 6057 Dear Board and Commission Members: As a resident of Riverview Gardens Estates who will be affected by the proposed Nell/Kolarsky land division, I have attended past meetings of the Plan Commission and Town Board where the matter was scheduled for consideration. At the last Plan Commission meeting the petitioners asked that the certified survey map petition be tabled to give them time to conduct a study and respond to the March 10, 1995 letter from the Mayo Corporation stating that Lots 1 and 2 are unbuildable and that a drainage easement was required on the front of Lot 4. Following that meeting I studied in detail the documents submitted in connection with the proposed certified survey map petition as well as the applicable provisions of the Town of Westport Land Division Ordinance and the Town Master Plan. As a result of that study, I believe a number of issues need to be considered by the Plan Commission and the Town Board before any further action is taken with respect to the Nell/Kolarsky land division petition. The issues are as follows: 1. Under Section 10-2-10 (a) (4) of the Town of Westport Land Division Ordinance, a certified survey map may be used for a land division which does not reach the level of a subdivision. While Section 10-2-10 (a)(33) allows for the creation of 5 or more parcels of 15 acres or less in area in a successive land division where the division is a subdivision, a land division pursuant to certified survey map procedures, under Section 10-2-10 (a)(12) may not, in the case of a successive land division of a parcel,create more than 2 parcels in any 5 year period. The proposed Nell/Kolarsky land division is a successive land division (occupied lots along Kirkwood Drive having already been created from the original parcel) and, according to the documents submitted, will create more than 2 parcels for the 5 years following approval and recording. For this reason, the proposed land division and certified survey map should not be approved and must be restricted to creating no more than 2 parcels or, in the alternative, be amended to proceed