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Board of Appeals
Thursday, March 9 2017
TIME: 7:00 p.m.
LOCATION: at the Taycheedah Town Hall
Public Hearing

AGENDA

PLEASE TAKE NOTICE that the Town of Taycheedah Zoning Board of Appeals will conduct a public hearing on Thursday, March 9th, 2017, at 7:00 p.m., at the Taycheedah Town Hall, for the purpose of considering the request of Summit Quarry, LLC and Evenson Construction Co., Inc., to amend their Conditional Use Permit. The Conditional Use Permit to quarry in the Town of Taycheedah applies to the following property:
The NE 1/4 of the NW 1/4 and the NW 1/4 of the NW 1/4 of Section 15, T16N, R18E, Town of Taycheedah, Fond du Lac County, Wisconsin, consisting of 34.286 acres of property, and a part of the NW 1/4 of the NW 1/4 of Section 15, Commencing at the NW corner of said Section 15; Thence South 8944'21" East a distance of 1,331.80 feet along the north line of the NW 1/4 to the NW corner of Certified Survey Map No. 5245, Volume 32 Page 74 of Certified Survey Maps; thence South 0116'19" East a distance of 750.00 feet along the west line of Certified Survey Map No. 5245 to the point of beginning; thence South 8944'21" East a distance of 740.00 feet along the south line of Certified Survey Map No. 5245; thence southwesterly to a point that is South 0116'19" East a distance of 578.00 feet from the point of beginning; thence North 0116'19" West a distance of 578.00 feet to the point of beginning, containing approximately 4.9 acres, more or less.

PLEASE TAKE FURTHER NOTICE that the Town of Taycheedah Zoning Board of Appeals will consider amending the Conditional Use Permit to make the following amendments:
Special Condition #1h. To allow for the operation of a temporary, portable, hot blacktop mix plant, and/or a concrete plant, for the purpose of bidding on Federal, State and/or local projects, and to possibly supply said material. For projects with an expected duration of greater than one year, shall require an amendment to the Conditional Use Permit. A temporary plant expected to be on-site for more than one-year will require a temporary amendment to the Conditional Use Permit.
Special Condition #3d. To allow for the installation of a well for the purpose of stone production and dust suppression.

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
Secretary, Board of Appeals


MINUTES

TOWN OF TAYCHEEDAH
BOARD OF APPEALS
SUMMIT QUARRY, LLC and EVENSON CONSTRUCTION COMPANY, INC.
CONDITIONAL USE PERMIT AMENDMENT
MARCH 9th, 2017
TAYCHEEDAH TOWN HALL


Present: Vice Chairman John Buechel, Mark Guelig, Joe Sabel, Jason Meyer and Secretary Brenda Schneider. Absent: Tim Marcoe. Also present were few interested persons.

The purpose of the public hearing was to consider an amendment to the Conditional Use Permit issued to Summit Quarry, LLC and Evenson Construction Company, Inc., for the purpose of quarry operation.

The Secretary, Brenda Schneider, taped recorded the hearing and took notes.

Vice Chairman Buechel called the public hearing to order at 7:00 p.m. The Secretary read the notice.

Pat Strachan, representing Evenson Construction Company, Inc., was sworn in. His testimony was as follows:
On two occasions in the past, the Board of Appeals granted a temporary Conditional Use Permit for a portable concrete plant and a portable asphalt plant. Both plants were for limited terms.
Pat explained that it is hard to bid on projects without knowing if a permit would be approved.
He operated the concrete plant in 2007 for Carew. The material was used in the construction of the wind turbines.
Pat also requests the ability to install a well. He needs to be able to wash clear stone, noting that it must be cleaner for concrete use. A photo of a coarse material washer was distributed. He explained that the machine makes little noise and uses very little water.
Runoff water will be retained in the pit for use in dust suppression. They already have a retention area in the corner of the pit. Some clay will be added.
The well location will be in compliance with all regulations.
The plant location is yet to be determined. The unit is portable. Its' location is dependent upon stockpile locations.
He does not have asphalt jobs at this time.
He has no timeframe. He just wants the potential to be able to do it.
There have been no issues with well water contamination. He would not object to test requirements on the new well similar to the test required in the past.
The wash area will use the existing retention area for settlement.

There was a question amongst the Board of Appeals as to the expiration of the current Permit.

Dan Bertram, Summit Quarry, spoke in support of the amendment. He added that the farm well took care of the needs of the quarry during the concrete plant operation. This did not cause issues with groundwater.

Dan Freund was neither opposed nor supportive.
He noted that a plant could create competition.
Dan spoke extensively about problems with truck traffic using Mengel Hill Road during the asphalt plant operation which was in non-compliance with the Town's directives. He suggested there be a stipulation that truck traffic only use County roads.
Responses to his questions were as follows:
o The new well will be approximately 730 feet deep.
o The existing farm well is cased to 240 feet.

Pat Schachan's rebuttal was as follows:
He has asphalt and/or concrete plants in every other pit with the exception of one sand pit. They are all under special restrictions as to operation. None of them are stationary.
He would rather have his own well. It is expected to be at least 500 feet deep.
He doesn't remember trucks running on the weekends during the asphalt plant operation. He also doesn't remember being contacted by the Town regarding trucks running on town roads.

Vice-Chairman Buechel declared the public hearing closed at 7:41 p.m.

Board of Appeals member's deliberation was as follows:

Well protections can be built into the permit.
The well will be drilled into a lower aquifer.
Temporary plants could have a two-year limitation.
The Board of Appeals has the authority to enforce the permit.
Hours of operation can be the same as the current permit.
The Appeals Board members felt that unless town roads are posted with weight limits, the Town does not have the authority to declare said stipulation.
The expiration of the permit needs to be verified.


Motion by Jason Meyer, second by John Buechel, to approve an amendment to the Conditional Use Permit under the following stipulations:
The installation of the well shall be at the location indicated.
The well shall be constructed under all State, County and local regulations.
The installation of a portable hot mix asphalt plant or portable concrete plant for a period of two years shall be allowed.
The portable hot mix asphalt plant or concrete plant shall operate under the same hours of operation as quarry operation.

Roll call vote:
Joe Sabel aye Jason Meyer aye
Mark Guelig aye John Buechel aye
Motion carried unanimously.

Motion by Mark Gulig, second by John Buechel, to adjourn the public hearing at 7:53 p.m. Motion carried (4-0).


Attest._____________________________________
Brenda A. Schneider
Secretary




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Town of Taycheedah
Fond du Lac County, Wisconsin
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