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Board of Appeals
Tuesday, October 9 2007
TIME: 7:30 p.m.
LOCATION: at the Town Hall
Public Hearing

AGENDA

PLEASE TAKE NOTICE that the Town of Taycheedah Zoning Board of Appeals will conduct a public hearing on Tuesday, October 9th, 2007, at 7:30 p.m., at the Taycheedah Town Hall, for the purpose of considering the application of Northeast Asphalt, Inc., for the renewal of a Conditional Use Permit to quarry in the Town of Taycheedah on the following property:

NE ¼ of the SW ¼ and the NW ¼ of the SE ¼
of Section 16, T. 16 N., R. 18 E., Town of Taycheedah, Fond du Lac County, Wisconsin.

The hearing is open to the public. Interested parties are encouraged to attend.

Town Board members may be in attendance.

Brenda A. Schneider
Town Clerk



MINUTES

The Town of Taycheedah Board of Appeals conducted a public hearing on Tuesday, October 9th, 2007, on behalf of Northeast Asphalt, Inc., to consider renewing their Conditional Use Permit to quarry. Members present were Acting Chairman John Buechel, Gale Burg, and Barb Bertram. Also present was Pete Kozak, representative of Northeast Asphalt. The Secretary, Brenda Schneider, taped recorded the hearing and took notes. The Acting Chairman called the hearing to order at 7:57 p.m. The Secretary read the notice.

Pete Kozak, Northeast Asphalt, was sworn in. His testimony and responses to Board of Appeals questions were as follows:
• Northeast’s current Conditional Use Permit for non-metallic mining was issued 10/9/03; for a four-year term.
• Northeast requests a renewal of the CUP for a term of 10 years.
• Northeast plans to continue the mining operation in the same manner it has for the past four years.
• They are currently extracting from west to east.
• They reclaimed about 3 acres this year.
• They have not received any complaints.
• The seismographs are always in place.
• Notices of Blasting are being sent a week or so in advance of blasting activity.
• Hours of operation:
o Monday-Friday 7 a.m.-6 p.m. only load-out after 5 p.m.
o Saturday 7 a.m.-2 p.m. only load-out after 12 p.m.
• CUP Special Condition #1, in part required the planting of trees and shrubs. Mr. Kozak reported that the trees and shrubs have been replaced.
• Northeast asked for the removal of the prohibition of a hot blacktop mix plant. Mr. Kozak was advised to pursue approval of the option in the future. The Board of Appeals would be required to conduct an additional public hearing to address the request to operate such a plant.
• The current bond requirement is $28,000. NR 135 requires the Town to administer reclamation of the area of land opened prior to 8/1/01. Mr. Kozak estimated the pre-8/1/01 area to be reclaimed is 6.5 acres. Reclamation costs approximately $4,000 per acre.
• The current CUP requires reclamation after more than 7 acres are opened at any one time. There is a high probability that more than 7 acres has been opened at any one time. Tim Simon commented that blasting activity takes 2-300 feet in addition to the area needed for the crusher and the stockpiles of materials. They need more room to operate. The 7-acre limit is restricting and difficult to operate within.
• Northeast requested increasing the minimum opened area to 12 acres, including the setbacks.
• The current CUP limits depth to “above the groundwater level”. Mr. Kozak commented that the current elevation of the floor seems adequate to comply with the groundwater condition.

Gale Burg motioned to renew the Conditional Use Permit as follows:
 The term shall be for 10 years,
 The bond will remain $28,000.00,
 The opened area at any one time shall be increased to 12 acres,
 Remove the prohibition on the hot blacktop mix plant,
 Retain the current above groundwater level condition for the depth, and
 Retain the remainder of the General and Special Conditions as currently stated.
Barb Bertram seconded the motion. Roll call vote:
Gale Burg yes
Barb Bertram yes
John Buechel yes. Motion carried (3-0).


October 9th, 2007 Board of Appeals 2.
Northeast Asphalt Conditional Use Permit Renewal


Gale Burg motioned to adjourn the public hearing at 8:40 p.m., seconded by Barb Bertram. Motion carried (3-0).


Attest:_______________________________
Brenda A. Schneider
Board of Appeals Secretary







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Town of Taycheedah
Fond du Lac County, Wisconsin
info@townoftaycheedah.com

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