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Board of Appeals
Wednesday, May 30 2007
TIME: 8:00 p.m.
LOCATION: at the Taycheedah Town Hall
Public Hearing


PLEASE TAKE NOTICE that on Wednesday, May 30th, 2007, at 8:00 p.m., the Town of Taycheedah Zoning Board of Appeals will conduct a public hearing on the possible issuance of a temporary of the Conditional Use Permit to Daniel & Dave Bertram, Carew Concrete & Supply Co. Inc. and Evenson Construction, Co., Inc. The temporary Conditional Use Permit would authorize the parties to operate a ready mix concrete batch plant on portions of the following described lands:

• NE Ό of the NW Ό Section 15, T16N, R18E, excluding V2375-956 and excluding CSM #5245-32-74 (V1443-839LC) 19.759 acres, and
• Part of the NE Ό and the NW Ό of Section 15, T16N, R18E, commencing at the NE corner of the NW Ό, thence West 320’, East 240’, South 700’, East 155’, thence North 1330’ to the point of beginning as recorded in V1444-765, 5.41 acres, and
• Section 15, T16N, R18E, Lot 1, CSM #5245-32-74 located in the NE Ό of the NW Ό (814384LC 864558ALC) 14.086 acres.

This hearing is open to the public.

Town Board members may be in attendance.

Brenda A. Schneider, Clerk


The Town of Taycheedah Zoning Board of Appeals conducted a public hearing on Thursday, May 30th, 2007, at 8:00 p.m., at the Taycheedah Town Hall for the purpose of considering the issuance of a Conditional Use Permit to Carew Concrete & Supply, Co., Dan & Dave Bertram and Evenson Construction Co., Inc.. Members present were Chairman James Rosenthal, John Buechel, Bob Holzman, Tom Friess, and Barb Bertram. The hearing was tape-recorded and Secretary Brenda Schneider took notes. The Chairman called the public hearing to order at 8:05 pm. Brenda Schneider read the notice of public hearing.

Dan Bertram was sworn in. His testimony was as follows:
• Dan & Dave bought the quarry from their mother three years ago.
• Evenson began operating the quarry one year ago.
• Dust control issues were the only complaints he has received in the last two years.
• Water is now supplied for dust control by using reclaimed water from the farm. The process works excellent.
• Evenson installed a timed gate.
• The scale house is certified.
• Hours of operation are Monday thru Friday, 7 am to 6 pm and Saturday, 7 am to 2 pm. Load-out and trucking only after 5 pm Monday thru Friday and after 12 pm, Saturday.
• Notices of blasting activity are sent certified.

Pat Strachan was sworn in. His testimony was as follows:
• The quarry is operating under the present permit.
• He received a verbal complaint from a neighbor that blasting occurred at 6:20 a.m. last August. Until that incident, he was not aware that the blaster had keys to the gate. The keys were taken away from him. He now must wait to access the quarry until after the gate opens.
• A notification list has been compiled. Brenda Schneider is asked to review it each year.
• The benchmark height for the pit floor has been established by a pink rod located near the culvert.
• The gate and scale are working well. Both are fully automatic and can be operated by phone if necessary. The scale is computerized. Date, time and contractor information is automatically sent to the office by computer. Recently, one truck was on the scale when the gate closed. The truck stayed on the scale overnight. It is impossible to leave the pit without driving through the gate. Dan & Dave Bertram are the back-up in the event of a power outage. There was a glitch this spring due to daylight savings time starting one week earlier. The Bertram’s are able to unlock and manually open the gate. Only he can open the gate by phone.

John Carew was sworn in. His testimony was as follows:
• Carew Concrete is a ready mix concrete business; which is a family-owned business that began in 1977.
• Carew operates 17 plants in the Northeast and central Wisconsin area.
• Carew also is in the aggregate, trucking, concrete placement and building materials business.
• Carew has been recognized by both the National Ready Mixed Concrete Association and the Wisconsin Ready Mixed Concrete Association for safety.
• He is the current Chairman of the Operations, Environmental and Safety Committee for the National Ready Mixed Concrete Association and his associate Chad Kaster is the current co-chairman of the Wisconsin Ready Mixed Concrete Association Operations, Environmental and Safety Committee.
• The Wisconsin Association has awarded Carew with numerous concrete design awards for concrete projects. The largest project design award was for the concrete provided for the Lambeau Field renovation.
• Boldt Construction recently awarded Carew a purchase order to furnish ready mix concrete for the Blue Sky Green Field Wind Farm Project.
• Construction is tentatively set to begin in mid June with completion of concrete work by the end of November.
May 30th, 2007 Board of Appeals 2.
Carew/Evenson/Bertram Conditional Use Permit

• Carew requests a temporary conditional use permit for the placement and operation of a ready mix concrete plant adjacent to the Bertram/Evenson Quarry. The site is ideal due to the proximity of the supply of limestone aggregate and to the wind farm project.
• Carew also plans to sell ready mix concrete to the public.
• Concrete is composed of water, cement, fine and coarse aggregate.
• Ready mix concrete batch plants store, measure, convey and discharge these constituents into trucks for transport to the job site. The truck mixes the materials while in route to the job site.
• Carew intends to abide by all state and local regulations relative to noise and dust/air quality.
• Carew has established procedures for dust suppression.
• They plan to draw water from two additional holding tanks supplied with reclaimed water from the Bertram’s dairy farm operation. The farm is expected to supply two 6-10,000 gallon tanks of water per day; which is expected to be adequate. However, the back-up plan is the bring water in by truck if necessary.
• Their general hours of operation are 6 am to 6:30 pm Monday thru Friday, and 6:30 to noon on Saturdays. However, Boldt Construction feels they can work within the currently established hours of operation for the quarry.
• The site can be accessed by any of the three existing driveways. Dave Beaster, Fond du Lac County Highway Dept. has been contacted. He has agreed to review and approve the site access prior to the commencement of plant operations. Proper signage will be erected.
• Carew will file with the DNR a Notice of Intent-Stormwater Plan.
• The plant is proposed to be adjacent to the quarry. The location where farm equipment is currently parked. They will need a 2-3 acre area.
• The plant operation area is approximately 100’ x 200’. The conveyor that feeds the plant is approximately 100’ long. The bin/silo structure will need approximately 100’ x 40’ area, depending upon the silo location.
• The plant will have three open-air bins that will be filled with sand and aggregate by the conveyor. Closed silos will be located adjacent to the bins. The silos will contain cements and related products; which are hauled to the site in bunkers. These products can not be exposed to open air or moisture.
• A portion of the berm will be temporarily removed. Stone will be stockpiled in the berm area. He estimates as much as 1000 yds. will be stockpiled daily.
• Boldt is estimating concrete for one turbine per day with all of them planned to be done by the end of November. He estimates 10-350 yards of concrete per turbine. Due to high bedrock, some of the bases will need to be in a pyramid form. Approximately 55’ square up to 7’ square at the surface. It takes about 6 minutes to unload a truck. One to two trucks should be able to unload at the same time.
• He does not foresee any problems meeting the demands of the project.
• He anticipates periodically needing to perform maintenance on the plant and trucks beyond the hours of operation; such as welding and parts replacement.
• Typically, they would want to dismantle the plant in November; before deer hunting season. He requests a temporary permit with a term to expire 12/31/07 to allow for the dismantling, removal and replacement of the berm.
• Some trucks will be stored at this plant and the remainder will be stored at the Fond du Lac plant. He anticipates storing five trucks at the site.
• All orders will go to the Fond du Lac plant; which serves as a central dispatch. Dispatch will then radio orders to this plant. The truck traffic is expected to be from 0-100 loads per day.

May 30th, 2007 Board of Appeals 3.
Carew/Evenson/Bertram Conditional Use Permit

Responses to public questions were as follows:
• The number of gallons of water that will be needed depends upon the mix, other reducers and the amount of water in the truck from the last load. He anticipates needing as much as 15,000 gallon per day. The tanks will fill 24 hours/7 days a week. The use potential is no more than five days of production; depending upon the weather. The water runs through the plate-chiller during milking. The Bertram’s milk 21 hours per day. The Bertram’s plan to supply the cattle with cold water during the summer. The well draws from the sandstone level. It is cased 490 feet; drawing 600-700 feet below the surface. The well draws much lower than the other wells in the area. The extra use will be good for the well mechanically.
• The chemicals added to the mixtures affect the setting-up of the concrete. The chemicals are non-hazardous materials. Carew has Spill Prevention Plans that would be initiated to contain spills.
• The project contains 88 turbines.
• A Reclamation Plan and bond submittal to the Town does not apply to this operation. Fond du Lac County regulates reclamation for areas opened after 8/1/01. In addition, the concrete plant will not need to open a quarry.

Dan Freund was sworn in. His comments were as follows:
• The public notice states that the quarry site is 15.08 acres but the original permit states the parcel to be 11.25 acres.
• The property is not zoned for commercial use and the ordinance does not allow hot mix asphalt plants or ready mix concrete plants.
• There is no benefit to the Town of Taycheedah. Calumet and Marshfield will benefit.
• There is a potential to harm the Town due to possible damage to the Town’s roads. The Town needs a guarantee for road repairs.

Responses to Mr. Freund’s statements were as follows:
• The legal description of the parcel has always been 15.08 acres. However, after removing the road right-of-way and additional setback required for blasting activity, the quarry-able area of the parcel is 11.25 acres.
• Mr. Freund was quoting from an outdated Zoning Ordinance. The Town Board changed the zoning classification for quarry operations to Agriculture due to a concern that once the quarry is exhausted, the land could be used for other industrial uses. Making the change would keep the land in agriculture and eliminate a potential for conflicting uses. Also, Section 13-1-73(d)(3), of the current Zoning Ordinance, allows hot mix asphalt plants and ready mix concrete plants only with Board of Appeals approval after a public hearing.
• The Town benefits by real estate and personal property taxes and well as a potential for a reduced price for concrete.
• The plant will be located along a County road. If Carew had to supply concrete from the Fond du Lac plant, the trucks would still need to run on some Town roads. The trucks are subject to weight limits, which are subject to law enforcement.

Board of Appeals discussion was as follows:
• Consensus that trucks will not be allowed to leave the site after the hours of operation. However, there was extensive discussion regarding what length of time should be allowed beyond the hours of operation for the return and storing of the trucks at the site?
• Consensus that small repairs to equipment would be acceptable after the hours of operations as long as the trucks do not leave the site.

May 30th, 2007 Board of Appeals 4.
Carew/Evenson/Bertram Conditional Use Permit

Jim Rosenthal motioned to approve a temporary Conditional Use Permit to Carew Concrete & Supply, Co., Evenson Construction Co., Inc., Dan & Dave Bertram d.b.a. Summit Quarry, under the following conditions:
 The permit will expire 12/31/07.
 The Town must be notified no less than 28 days prior to the expiration if an extension is needed.
 There will be no loads departing beyond the existing hours of operations for the quarry.
 At no time will a truck re-enter the site beyond two hours after the close of the hours of operations for that day.
 The operation must follow the existing Dust Control Plan for the quarry.
 The operation must use reclaimed water from the Bertram farm or have water trucked to the site.
 Carew must provide a certificate of insurance.
 The berm may be removed for the concrete plant. However, the berm must be replaced to a state of rough-grading by the expiration of the permit. Fine grading and seeding shall be completed by 6/30/08.
The motion was seconded by Barb Bertram. Roll call vote:
Bob Holzman yes
Tom Friess yes
John Buechel yes
Barb Bertram yes
Jim Rosenthal yes Motion carried (5-0).
John Buechel motioned to adjourn the public hearing at 9:35 p.m., seconded by Tom Friess. Motion carried (5-0).

Brenda A. Schneider
Town Clerk
Appeals Board Secretary

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