Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Site Plan Tlc Acres topic
No spam. Unsubscribe anytime.
Neighbors oppose continued filling at TLC Acres; plan commission postpones site plan and CUP
Summary
The commission postponed action on a site plan and conditional-use permit for TLC Acres after extensive public testimony from neighbors objecting to ongoing fill operations, noise and dust. Staff recommended approval of the site plan and setback-compensation plan, but commissioners asked the property owner to meet neighbors and return.
The Germantown Plan Commission on April 28 postponed consideration of a site plan and conditional-use permit amendment for TLC Acres at W210 N10738 Appleton Avenue after a lengthy public hearing in which numerous neighbors raised concerns about ongoing fill operations, truck traffic, noise, dust and property flooding.
Staff and the applicant's engineer described a plan for a 5,200-square-foot storage building, asphalt paving, a stormwater basin and compensatory plantings to offset encroachment into the village-enforced 25-foot wetland and 75-foot navigable-waterway setbacks. Planning staff recommended conditional approval subject to technical corrections and four CUP conditions; the village engineer noted additional stormwater plan corrections that would be required if the commission approved the plan.
Why it matters: Neighbors told the commission the site's repeated truck deliveries, material dumping, dust and vibrations have been ongoing for years and that they feel the work has no end in sight. Several residents said fill trucking has increased as the revised Federal Emergency Management Agency (FEMA) flood-insurance maps approach, and raised concerns about groundwater, flooding and noise.
Public testimony and applicant response: More than a dozen residents — including owners on Appleton Avenue, Hilltop Drive and nearby subdivisions — said heavy truckloads, loud backup alarms, ash from burns, and dust have reduced their quality of life. One neighbor said, "We don't get to enjoy good weather; 6 days a week we don't get to." Another told the commission she now sees flooding on parts of her property that did not flood previously.
The applicant's agent, Evan Nicadem of Parish Survey & Engineering, told commissioners no wetland filling is proposed and the proposed encroachment is limited to the village's setback area; he said the design includes compensatory native-planting areas totaling more than the requested encroachment. Nicadem also noted the applicant has submitted an erosion-control permit and that scheduling around pending FEMA flood map adoption is uncertain; he said county staff had suggested the new FEMA maps could be adopted in early 2026.
Commission discussion and outcome: Commissioners and staff acknowledged the technical completeness of the stormwater materials but also recognized neighborhood concerns. Commissioner Bridget and others asked whether the CUP vehicle is the right tool to address the long-term tiered fill operation; staff explained the filling activity is primarily regulated by erosion-control permitting and, unless tied directly to CUP uses, is not fully constrained by the CUP. Several commissioners said they wanted the property owner to meet neighbors and return with clearer commitments or mitigation measures.
The commission voted to postpone the matter so staff and the applicant could engage neighbors and return with additional information and, if desired, modifications to the proposal. The public hearing will be reopened when the item returns to the commission.
Ending: The postponement leaves the engineering and stormwater review open and signals the commission wants more direct engagement between the owner and nearby residents before approving changes to the site.
