Chairman Weiss, Board of Supervisors, and Plan Commission:
Since Mr. Pollard is set to get his Conditional Use Permit following a perfunctory Public Hearing 3/20 where Pollard promised to abide by any restrictions and conditions the Town of Linn imposes, shouldn't he first be held to the conditions already laid out in our Comprehensive Plan? According to our policy under Commercial Development District (see attached here) on page 8-16, Commercial Development in the Town of Linn allows only:
By any reasonable standard, Mr. Pollard’s Button’s Bay Lodge project contradicts the objectives, goals and policies contained in the Linn Comprehensive Plan because the membership numbers do not demonstrate either a Limited Commercial Development nor a Small-Scale Business. Mr. Pollard is attempting to create a RESORT designation that should have B5 Zoning in a Planned Commercial Recreation Business District by trying to squeeze his B5 Resort Lodge into an undersized B3 property which certainly contravenes the Linn Comprehensive Plan.
The "Lodge" Mr. Pollard is proposing will eventually include over 400 families as members. Over 400 families means more than 800 people and more than 800 people is not "Limited" and is not "Small Scale;" so in no way does Pollard's "lodge" in its current configuration qualify to be a business in the Town of Linn. If a lodge was an accepted or permitted business under all conditions, it would be listed as one of the many Accepted or Permitted Uses. It is listed as a Conditional Use for a reason; that reason is so it can't be exploited to become a RESORT like Pollard is doing in this case. If we allow 800, would we allow 1200? At what number of members would the conditions be so absurd that the Town of Linn would refuse it? That number should be less than 100.
Act #67 uses the "reasonable person" criteria and "Overcrowding" meets that criteria. Also Overcrowding is measurable and provides substantial evidence for denying a Conditional Use. Since the Town Chairman bent over backwards to give Mr. Pollard his due process rights, he heavily biased the Public Hearing in favor of Mr. Pollard and conducted the hearing in a discriminatory manner toward those in opposition to Mr. Pollard’s overly ambitious scheme. Pollard was given unlimited time for his presentation. Opposition got just 2 minutes to present all the documents, exhibits, evidence and testimony that could be allowed in discussion on the ruling whether to give the permit or not. One piece of testimony was unjustly ruled out of order for “Relevance” on an issue brought up by Pollard. After Public Hearing officially closed and during the discussion on a motion to deny the permit, Pollard was allowed to interject himself into the discussion and debate with the Plan Commission members without a motion and vote to suspend the rules. All parties in a Public Hearing have rights to be respected. Extending preferential rights to one party while inhibiting the rights of the opposition is unfair, unjust and discriminatory.
Since we cannot hope to get a denial for Pollard’s Resort Lodge from the Planning Commission without an appeal or a law suit, and since there isn’t any hope for denial from the Town Board considering the Chairman has such dominating control over its members, we are left with hoping the conditions imposed will prevent this Resort operation from becoming the cancer that kills Geneva Lake. Cancer is an out of control invasive growth that overproduces and overpopulates and eventually destroys its host much like keyholing a massive amount of distant vacation homes through a small lakefront portal.
Our biggest obstacle to controlling Mr. Pollard’s overly ambitious Resort Lodge, comes from Pollard’s marketing strategy that is directed exclusively to the Weekend Vacation Home Market using the allure of Geneva Lake. The Symphony Bay website ( https://symphony-bay.com ) is emblazoned with pictures of Geneva Lake, couples relaxing on the pier, Lakeside Retreat, talk about the local boat club, the Shorepath being connected to Symphony Bay.
Aristotle correctly observed, “At his best, man is the noblest of all animals; separated from law and justice he is the worst.” The law in the Town of Linn’s Comprehensive Plan prohibits large scale Development, so justice requires rejection or conditions that are in accord with “Limited Commercial Development” and “Small Business.”
- Dick Malmin
Buttons Bay, Town of Linn, Lake Geneva
**Plan Commission to complete Pollard's Condition Use Permit Tuesday April 3rd 7:00 in Town Hall Basement**
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