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Plan Commission presses owner on exterior lighting at business property, reviews attorney letter citing state law

Town of Holland Plan Commission · December 2, 2024
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Summary

The Plan Commission continued review of exterior lighting at W2730 County Road A South after determining current fixtures may not match the conditional‑use site plan; the property owner's attorney cited Wisconsin 2017 Act 67 arguing the condition is unconstitutionally vague.

The Plan Commission reviewed compliance questions Dec. 2 about exterior lighting on buildings 3, 4 and 5 at W2730 County Road A South, a property operating under a conditional use permit that allows indoor storage business operations on site.

Town staff sent a certified‑mail notice to the property owner on Oct. 25 requiring installation or written evidence of steps to install alternative exterior fixtures (90‑degree cut‑off wall‑pack) by Nov. 22, 2024. The commission reported it is researching fixture specifications to determine whether the existing installed fixtures conform to the CUP site plan.

An attorney for the property owner emailed the town clerk‑treasurer asserting that Wisconsin 2017 Act 67 requires CUP conditions to be "reasonable and, to the extent practicable, measurable" and argued the condition disallowing impacts such as adverse lighting could be unconstitutionally vague. The commission noted the Sheboygan County Sheriff's Department has not reported traffic impacts on nearby State Road 32 or County Road A South.