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Germantown planning commission approves expanded storage barn, tightening truck hours for TLC Acres after years of neighbor complaints
Summary
After multiple rounds of public comment spanning years of complaints about noise, dust and truck traffic, the Germantown Plan Commission approved a 5,200-square-foot storage building and related site improvements for TLC Acres and amended operating conditions, including a firm finish date for ongoing filling and restricted trucking hours.
The Germantown Plan Commission on Monday approved a site plan and related conditional use permit amendments for TLC Acres, a landscaping and landscape-supply business on State Highway 175, while imposing a firm timeline and new limits on trucking tied to the property’s ongoing filling and grading work.
Neighbors who spoke at length during public comment said the company’s multi-year filling, grading and retail deliveries have disturbed nearby residents with “ground shaking” noise, dust, dirt tracked onto the road and truck traffic. Several speakers said they had documented incidents with videos and timestamps. Owner Matt Seben replied that TLC conducted a wetland delineation and would not disturb wetlands, that the business has installed cameras and that site activities covered by the existing 2019 conditional use permit (CUP) have been found in compliance by Germantown police.
The commission’s action included approval of a 5,200-square-foot building addition, additional asphalt to reduce tracking and a stormwater basin to manage runoff. The commission also approved an amended timetable and operating conditions intended to address neighbors’ concerns: the application’s ongoing grading and site restoration east of the stormwater basin must be “completed” by Nov. 1, 2025, and trucking associated with filling, grading and site restoration was restricted to Monday–Friday, 8 a.m.–6 p.m., and Saturday, 8 a.m.–2 p.m. The commission added a procedure to allow the applicant to seek a one-time, 60-day extension to finish filling if needed, to be reviewed by the commission in October.
Why it matters: Residents said the filling and by-right activities have been ongoing for years with no clear end date and that the most disruptive work — heavy grading and high truck volumes tied to bringing fill onto the hilltop area — has damaged their quality of life. Commissioners and staff said the combination of an end date, narrower truck hours and the building/asphalt improvements should reduce dust and off-site tracking and give residents a clearer timeline for when disruptive work will stop.
What the commission discussed: Staff and the applicant repeatedly drew a distinction between operations that were authorized by the 2019 CUP (landscape supply and tree-farm activities) and the by-right grading/filling activity that has caused most residents’ complaints. The village planner and the applicant’s engineer said the proposed building and asphalt would be located largely on existing impervious surface, and the proposed stormwater basin and a compensation planting plan would help protect the nearby DNR-declared navigable waterway and wetlands. Staff advised that any required DNR permits for disturbance near the navigable waterway must be secured before construction.
Owner Matt Seben told commissioners his crews normally do not operate before 7:30 a.m. and that the loudest, most disruptive work historically has been related to grading and filling, not day‑to‑day retail deliveries. A handful of residents said their complaints were only effective when they called police or fire rather than relying on public comment. Other attendees, including a former elected official who uses the business, defended TLC Acres as a legitimate local business and said they had witnessed improvements since earlier complaints.
Conditions and enforcement: The commission’s site-plan approval included the site development items shown in staff’s packet and the tighter truck-hour limits for filling and grading tied to the November completion date. The CUP to allow encroachment into the village’s 25-foot wetland setback and 75-foot navigable-waterway setback was approved with staff conditions, including the compensation plantings and required DNR permits if disturbance thresholds are met. Commissioners said they could later revisit the original 2019 CUP and the operation’s hours if complaints persist.
Quotes: “We are absolutely not touching any wetlands,” said Matt Seben, owner of TLC Acres, during rebuttal to public commenters. Resident Tanya Capp, who said she has complained for eight years, told the commission, “Please take that into consideration and do not grant this conditional use permit ever again.”
What happens next: Staff will finalize the written conditions and the applicant may return for the October check-in if a 60-day extension is requested. Any required DNR authorizations must be secured before construction in areas subject to state jurisdiction.
Ending: The commission’s approvals do not remove the ability of residents to file complaints with police or request a future CUP review. Commissioners repeatedly encouraged neighbors to report alleged violations to the village so staff and enforcement authorities could investigate on the record.
