Officials

Calendar

Announcements

Legal Notices

Newsletter

Procedures

Links

History

Ordinances

Comprehensive Plan

Map

Kiekhaefer Park Trails

Home

Application for Employment

< July 2018 >
SM TW TF S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31



Board of Appeals
Thursday, October 29 2009
TIME: 7:30 p.m.
LOCATION: at the Taycheedah Town Hall
Public Hearing

AGENDA

TOWN of TAYCHEEDAH
FOND DU LAC COUNTY, WISCONSIN

ZONING BOARD OF APPEALS

PLEASE TAKE NOTICE that on Thursday, October 29th, 2009, at 7:30 p.m., the Town of Taycheedah Zoning Board of Appeals will conduct a public hearing, at the Taycheedah Town Hall, for the purpose of considering the request of Dave & Dan Bertram and Evenson Construction Co., Inc., to extend their Temporary Conditional Use Permit for a portable hot mix asphalt plant on portions of the following described property:
• NE 1/4 of the NW 1/4 Section 15, T16N, R18E, excluding V2375-956 and excluding CSM #5245-32-74 (V1443-839LC) 19.759 acres, and
• Part of the NE 1/4 and the NW 1/4 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 1/4 of the NW 1/4 (814384LC 864558ALC) 14.086 acres.

PLEASE TAKE FURTHER NOTICE that the Town of Taycheedah Zoning Board of Appeals will consider amending Special Condition 1h, pertaining to the prohibition of a hot mix asphalt plant; and Special Condition 3d, pertaining to the use of reclaimed water contained in the Conditional Use Permit to quarry on the following described properties:
• Section 15, T. 16 N., R. 18 E., Town of Taycheedah, Fond du Lac County, Wisconsin, more particularly described as follows:
• Commencing at the NW corner of the NE quarter of the NW quarter of Section 15, thence running east parallel with the north line of said NE 1/4, NW 1/4, 700 feet; then south 700 feet to a point, thence west 700 feet to the north and south quarterline, thence north on said quarterline, 700 feet to the NW corner of said NE quarter/NW quarter tract, the place of beginning, containing approximately 11.25 acres, more or less,
• A part of the NW 1/4 of the NW 1/4 of Section 15, commencing at the NE corner of the NW Ό of the NW Ό of Section 15; thence running west parallel with the north line of said NW 1/4, NW 1/4 700 feet; thence south 1,250 feet to a point, thence east 700 feet to the north and south quarterline, thence north on said quarterline 1,250 feet to the north of said NE 1/4 NW 1/4 tract, the place beginning, containing approximately 20.2 acres, more of less.

The public hearing is open to the public. All interested parties are encouraged to attend. A quorum of Town Board members may be in attendance.

Brenda A. Schneider, Clerk


MINUTES

October 29th, 2009 Board of Appeals 1.
Northwest/Evenson/Bertram Conditional Use Permit

The Town of Taycheedah Zoning Board of Appeals conducted a public hearing on Thursday, October 29th, 2009, at 7:30 p.m., at the Taycheedah Town Hall for the purpose of considering the extension of a Temporary Conditional Use Permit to operate an asphalt plant issued to Northwest Asphalt, Inc.; Summit Quarry, LLC; and Evenson Construction Co., Inc. and amendments to the Conditional Use Permit to quarry issued to Summit Quarry, LLC and Evenson Construction, Co., Inc. Members present were Chairman James Rosenthal, John Buechel, Barb Bertram, Tom Friess and Gale Burg. The hearing was tape-recorded and Secretary Brenda Schneider took notes. The Chairman called the public hearing to order at 7:49 pm. Brenda Schneider read the notice of public hearing.

Donald Stark, Northwest Asphalt, Inc., was sworn in. His testimony and responses to Board of Appeals questions were as follows:
• They request an extension of the Temporary permit for a portable hot-mix asphalt plant.
• The approved permit is set to expire 11/30/09.
• They request a one-year extension of the temporary permit.
• There are two major State projects going out for bid. The Winnebago Drive project and the Hwy. 23 project are both planned for completion during the 2010 paving season.
• They are not requesting a change in the hours of operations contained in their current permit.
• He has not received any complaints regarding odor. Brenda Schneider noted that the Town has not received any odor complaints either.
• He did receive complaints regarding truck traffic traveling to and from the plant using Mengel Hill Road. He acknowledge that the State prescribes certain routes of traveling; suggesting the use of County roads. He was unaware of any damage to Mengel Hill Road specific to truck travel. His company was contacted twice about trucks driving on Mengel Hill Road. During his investigation of the complaints, he discovered that there were three incidents of other asphalt company trucks using the road for a project unrelated to Hwy. 151 and a Stark single-axle truck pulling a trailered skidsteer also traveled on Mengel Hill Road.. He knew that Meyer Court had recently been asphalted but he was unaware if those trucks used Mengel Hill Road to access Meyer Court. Independent truckers hauled the asphalt from the plant for the Hwy. 151 project. The drivers were given route instructions. Approximately 7,000 truck trips moved between the plant and the job site during the project. One trucking company was advised that Stark would not be dispatching them due to their failure to follow the advised route.
• If the permit is extended, the plant and storage tank would remain on site.
• He does not intend to fence off the access driveway over the winter.
• The anticipated State projects will be let by mid-November.
• If not awarded either of the State projects; they could bid on other projects in the area.

Pat Strachan, Evenson Construction Co., Inc. was sworn in. His testimony and responses to Board of Appeals questions were as follows:
• Dave and Dan Bertram have sold their dairy cows; so they no longer use water to cool the milk. He is currently driving off-site to Roger Braun’s pit to get water. He would like to use the farm well. He estimates a need for 2,500-5,000 gallons of water per day; which is far less than the cows used. Water is used when they are crushing; if it isn’t wet or raining.
• He acknowledged that fill material was being brought to the site for future use in reclamation. He commented that Evenson charges a fee for the ability to dump material at the site. Due to a past complaint, he discontinued allowing the depositing of fill material. He requests a clarification on whether or not depositing fill material is subject to the hours of operation for the quarry. They control the material deposited and noted that the activity meets NR135. The top driveway needs to be used to access the dumping site. He always maintains a second berm at the top side of the quarry edge. He noted that the Bertrams use the top driveway as a field entrance. He has a permit from the County to lengthen the culvert. It was noted that the quarry is limited to two driveways
October 29th, 2009 Board of Appeals 2.
Northwest/Evenson/Bertram Conditional Use Permit

and that the berm could be extended to the east but it is unknown if the Bertrams could make the turn with their large equipment.
• He is currently contracting with Viking Explosives for blasting services. They follow the same ordinance. They are shooting a different pattern than what has been used in the past.
• He wasn’t informed until last week that there were complaints about trucks driving on town roads.
• There was an effort recently by the State and their contractor to operate on Saturday afternoon and Sunday. He decided not to allow it.

Kris Meixensperger was sworn in. Her testimony to the Board of Appeals was as follows:
• Another quarry was required to conduct a hydrological study before operating. Shouldn’t this quarry be held to the same standards? She was informed that the farm well is more than 700 feet deep; well below the aquifer used by others in the area.

Dan Freund was sworn in. His testimony to the Board of Appeals was as follows:
• He has well reports that state that the Bertram well is 645 feet deep into the St. Peter aquifer and the well at the Northeast Asphalt Quarry is 900 feet deep into another aquifer.
• Last week Thursday, he was visited by David Barber and another individual involved with the Hwy. 151 DOT project. They wanted his consent to operate the quarry on Saturday from 2:00-6:00 and Sunday from 6:00-6:00. Last Friday, Dan Hass from Northwest Asphalt asked him to sign a statement regarding the change in hours for that Saturday and Sunday. During his conversation with Mr. Hass, he learned that there were three complaints regarding truck traffic on Mengel Hill Road. He said the State requirement is to use County roads. He noted that contractors could be required to pay for road damage. Mr. Freund commented that he also spoke to Jim Thomas (sp), DOT-Green Bay. Mr Thomas asked him if he wanted the project shut down. Dan stated that it was unnecessary at this late stage of the project. Mr. Thomas advised him that the Town could go after Stark or Evenson for help in repairing town roads damaged due to truck traffic. There were numerous days when trucks drove on Mengel Hill road both empty and loaded with asphalt or gravel.
• He experienced a smell from the plant once.
• There were incidents where the trucks were going out a few minutes after shutdown time but he knew once the material is mixed it had to go out.
• There were two bad blasts. Sean Abler reportedly spoke to the blaster, a new trainee, after one of the blasts. The blasting has been a little heavier. Orville Freund had some damage that Evenson has been taken care of.

Dan Bertram was sworn in. His testimony to the Board of Appeals was as follows:
• On site is an 8,000 gallon tank with a float that has been served by a garden hose. The quarry has a minimal need for water that will not impact the local water supply.
• There were 300 dairy cows in the barn.

Charles Kiefenheim was sworn in. His testimony to the Board of Appeals was as follows:
• An average cow drinks 50 gallons of water on a cooler day; depending upon the quantity of milk being given.
• The closest city well is seven miles away.
• WE Energies in Johnsburg had to go down 700 feet.
• The amount of water needed for the quarry operation would be a lot less than a farming operation.

Dan Freund’s additional testimony was as follows:
• He enquired about the animals currently held on the farm. Bertrams responded that 150 steers are on the property.
• He commented that he feels the dumping of fill should be part of the quarry operation.

October 29th, 2009 Board of Appeals 3.
Northwest/Evenson/Bertram Conditional Use Permit

Dave Bertram was sworn in. His testimony to the Board of Appeals was as follows:
• He requested clarification as to whether he, as a farmer, is restricted from depositing material at the dumping site. It is not unusual for them to have broken concrete, stones and dirt/clay from activities such as fence-line clearer that they need to dispose of. He is nervous about doing normal farm operations on his farm because someone may complain.
• He thinks it is good for the area to have asphalt competition.
• He has heard that a neighbor may be concerned about the possibility that an asphalt plant could become permanent in the future. He noted that he is not fond of cell towers; yet he accepts them.
• He added that unlike the quarry, cows need water seven days a week.

Gary Jung was sworn in. His testimony to the Board of Appeals was as follows:
• He has no problem with the asphalt plant.
• He noted he may have smelled the asphalt plant during one day.
• He is a trucker. He hauled sand into the quarry for the asphalt plant everyday. He never traveled Mengel Hill Road.

Board of Appeals members’ discussion was as follows:
• The Temporary Conditional Use Permit approved by the Board of Appeals did not stipulate non-use of town roads.
• The condition of Mengel Hill Road was not documented before the approval of the Temporary Conditional Use Permit, nor after project-related truck traffic.
• DOT informed Chairman Rosenthal that pursuing damages related to the project would be up to the Town Board.
• He was advised that the Board of Appeals could establish a route with bond requirements as a condition of a future permit.
• It is unknown if the Town can go back to another permit holder for road damage without there having been a condition in the original permit.

Barb Bertram motioned to extend the Temporary Conditional Use Permit for the asphalt plant to November 30, 2010, under the condition that a $20,000 bond be submitted to the Town of Taycheedah, further authorizing Northwest Asphalt the ability to keep the plant onsite during the winter of 2009-10, and directing that if Northwest is awarded a State project, the designated truck travel route will be submitted to the Town of Taycheedah. The motion was seconded by Gale Burg.
Roll call vote:
John Buechel aye
Tom Friess aye
Gale Burg aye
Barb Bertram aye
Jim Rosenthal aye Motion carried unanimously.

Evenson’s application for the extension of the Temporary Conditional Use Permit included a request that Special Condition 1h, pertaining to the prohibition of an asphalt plant be eliminated the Conditional Use Permit to quarry.

Jim Rosenthal motioned to eliminate Special Condition 1h from the Conditional Use Permit to quarry, seconded by Gale Burg.
Roll call vote:
John Buechel aye
Tom Friess aye
Gale Burg aye
Barb Bertram aye
Jim Rosenthal aye Motion carried unanimously.
October 29th, 2009 Board of Appeals 4.
Northwest/Evenson/Bertram Conditional Use Permit

Evenson’s application for the extension of the Temporary Conditional Use Permit included a request that Special Condition 3d, pertaining to the use of reclaimed water from the milk cooling system used by the dairy farm be amended to allow the use of the farm well; which is a condition of the Conditional Use Permit to quarry.

Gale Burg motioned to amend Special Condition 3d to allow for the use of water from the farm well utilizing a tank with float system, seconded by Jim Rosenthal.
Roll call vote:
John Buechel aye
Tom Friess aye
Gale Burg aye
Barb Bertram aye
Jim Rosenthal aye Motion carried unanimously.

Evenson had requested clarification as to the dumping of fill material as it may be related to the Conditional Use Permit to quarry.

John Buechel motioned to allow the dumping of fill material caused by non-farm activities during the Conditional Use Permit hours of operation, seconded by Barb Bertram.
Roll call vote:
John Buechel aye
Tom Friess aye
Gale Burg aye
Barb Bertram aye
Jim Rosenthal aye Motion carried unanimously.

Dave Bertram requested clarification as to the dumping of fill material generated during farming operations.

Jim Rosenthal motioned to allow the dumping of fill material by the Bertrams; which would be material created by or for agricultural purposes, seconded by Gale Burg.
Roll call vote:
John Buechel aye
Tom Friess aye
Gale Burg aye
Barb Bertram aye
Jim Rosenthal aye Motion carried unanimously.

John Buechel motioned to adjourn the public hearing at 9:36 p.m., seconded by Barb Bertram. Motion carried unanimously


Attest _________________________________
Brenda A. Schneider, Secretary
Board of Appeals





Search for Events by selecting a Month.
Month
Town of Taycheedah
Fond du Lac County, Wisconsin
info@townoftaycheedah.com

Officials | Calendar | Announcements | Legal Notices | Newsletter | Procedures | Links | History | Ordinances | Comprehensive Plan | Map | Kiekhaefer Park | Home