Board of Appeals
Monday, September 28 2009
TIME: 6:00 p.m.
LOCATION: at the Taycheedah Town Hall
PLEASE TAKE NOTICE that on Monday, September 28th, 2009, at 6:00 p.m., the Town of Taycheedah Zoning Board of Appeals will conduct a public hearing on the extension of the temporary Conditional Use Permit issued to Northeast Asphalt, Inc. The temporary Conditional Use Permit authorizes Northeast Asphalt to operate an asphalt plant on the following described lands:
• Part of the NE 1/4 of the SW 1/4 of Section 16, T16N R18E, Commencing at the NE corner SD 1/4 , thence W 518.63', S1*17'32"E, 703.88' E to the E line SD 1/4 ¼, thence N to the point of beginning, as recorded in V1243-379, 8.37A
• Part of the NW ¼ of the SE ¼ of Section 16, 16N R18E, commencing at the NE corner, thence S 703.76', W to W line SD 1/4 ¼, thence N to NW corner, thence E to the point of beginning, as recorded in V1243-379 21.41A
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 Monday, September 28th, 2009, at 6:00 p.m., at the Taycheedah Town Hall for the purpose of considering the extension of a Temporary Conditional Use Permit issued to Northeast Asphalt, Inc.. Members present were Chairman James Rosenthal, John Buechel, Tom Friess, and Barb Bertram. The hearing was audio-recorded and Secretary Brenda Schneider took notes. The Chairman called the public hearing to order at 6:05 pm. Brenda Schneider read the notice of public hearing.
Paul Budzynski, representing Northeast Asphalt, Inc., was sworn in. His testimony was as follows:
• NEA requests an extension of the Temporary Conditional Use Permit for the portable asphalt plant.
• Several projects in the area are going to bid yet this year. Construction bid season is October/November.
• Currently, there is no plant located at the quarry. Delivery of the plant could occur between November to April.
• The current permit expires 11/30/2009.
• Production usually ceases by Thanksgiving.
• If the plant is erected in 2009, he requests that the plant be allowed to remain over the winter.
• The current Temporary Conditional Use Permit states that "NEA shall use an odor-reducing additive at the optimal level per the manufacturer's recommendation". Budzynski informed the Board that sometimes the additive smells worse than the untreated asphalt product and has made people sick. He requests that the condition be advisory instead of mandatory.
Chris Winiecki, representing Northeast Asphalt, Inc. as an Area Manager, was sworn in. His testimony was as follows:
• Winiecki commented that the condition pertaining to the odor additive can remain in the CUP. If it becomes an issue, NEA will address the matter with the Appeals Board.
• Asphalt operations may begin this fall, with shutdown after November 30th. Or, the plant may be brought in by Christmas with operation beginning on or about May 1st.
• The asphalt operation uses generators that are enclosed. The generators make less noise than the stone crushers.
• The plant is a big drum that mixes the product. The base material is delivered to the site and stored in a double-walled tank. The material will become solidified without heat.
• No fuel will be stored at the site over winter.
• None was presented.
Board of Appeals discussion and observations were as follows:
• There are five homes in near proximity.
• There were no odor complaints received from the other temporary asphalt plant.
• At issue is allowing the plant to remain at the site from November to April.
John Buechel motioned to approve an extension of the Temporary Conditional Use Permit to Northeast Asphalt, Inc., for a portable asphalt plant under the following additional or modified conditions:
The term of the permit will be from April 1, 2009 to November 30, 2010. Teardown and removal of plant components to be completed by the end of the day November 30, 2010.
The plant can be delivered at anytime.
September 28th, 2009 Board of Appeals 2.
Northeast Asphalt, Inc. Temporary Conditional Use Permit
Northeast shall use an odor-reducing additive at the optimal level per the manufacturer's recommendation. NEA has the right to address the Appeals Board with any problems caused by the use of the odor-additive.
The motion was seconded by Barb Bertram. Roll call vote:
Tom Friess yes
Barb Bertram yes
John Buechel yes
Jim Rosenthal yes Motion carried (4-0).
John Buechel motioned to adjourn the public hearing at 6:29 p.m., seconded by Jim Rosenthal. Motion carried (4-0).
Brenda A. Schneider
Appeals Board Secretary
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Fond du Lac County, Wisconsin
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