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Board of Appeals
Thursday, May 25 2017
TIME: 6:30 p.m.
LOCATION: at the Taycheedah Town Hall
Public Hearing

AGENDA

TOWN of TAYCHEEDAH
FOND DU LAC COUNTY, WISCONSIN

ZONING BOARD OF APPEALS

NOTICE OF PUBLIC MEETING

PLEASE TAKE NOTICE that the Town of Taycheedah Zoning Board of Appeals will conduct a public hearing on Thursday, May 25th, 2017, at 6:30 p.m., at the Taycheedah Town Hall, for the purpose of considering the request of Summit Quarry, LLC and Evenson Construction Co., Inc., to renew their Conditional Use Permit. Immediately following the consideration of the Summit Quarry, LLC and Evenson Construction Co., Inc. permit; the Town of Taycheedah Zoning Board of Appeals will conduct a public hearing for the purpose of considering L & H Gyr Excavating, Inc.'s application for a Conditional Use Permit for a non-metallic mineral extraction site in the Town of Taycheedah. The collective property considered during these meetings are as follows:

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; and

A part of the NW 1/4 of the NW 1/4 of Section 15, commencing at the NE corner of the NW 1/4 of the NW 1/4 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 or less.

All that part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) and the South Half (S 1/2) of the Southeast Quarter (SE /4) of Section 17, Township 16 North of Range 18 East, Town of Taycheedah, Fond du Lac County, Wisconsin, lying East of the highway, EXCEPTING lands described in deed recorded in Vol. 38 page 461, EXCEPTING lands deeded to Joseph A. Schmitz and his wife by deed recorded in Vol. 228, page 566. EXCEPTING lands sold to School District 12 by deed recorded in Vol. 388 of Deeds, page 335, and EXCEPTING lands sold for highway purposes in Deed recorded in Vol. 398 of Deed, page 254 and page 255. FURTHER EXCEPTING Certified Survey Map No. 3315.

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.


Kristin A. Marcoe
Secretary, Board of Appeals



MINUTES

TOWN OF TAYCHEEDAH
FOND DU LAC COUNTY, WISCONSIN

Minutes of Board of Appeals Public Hearing
May 25, 2017


CALL TO ORDER

The meeting was called to order at 6:30 p.m. at the Town Hall. Present were Board of Appeals members Jerome Board, John Buechel, Tim Marcoe, Joe Sabel and Jason Meyer. Also present were Town Clerk Kris Marcoe, Town Attorney Matt Parmentier, representatives of Evenson Construction and L & H Gyr Excavating, as well as various members of the public. The Town Clerk confirmed open meeting notice.

PROCEDURAL BACKGROUND

Attorney Parmentier explained the procedure for the meeting,
which included public hearings on two separate quarry permit requests. The first is for the renewal of the permit previously granted to Evenson Construction. The second is for a new permit to be granted to L & H Gyr Excavating.

EVENSON CONSTRUCTION'S PRESENTATION

Pat Strachan spoke on behalf of Evenson Construction and
explained that Evenson is seeking renewal of its previous permit
with no requested changes to operations. Evenson Construction is seeking a 10-year renewal term, except that its request for permission to operate an asphalt plant would apply for only two years. Mr. Strachan indicated that Evenson Construction agreed with the Town that renewal permit, if granted, should be backdated to May 10, 2016, which was the expiration date of the previous permit.

PUBLIC COMMENTS AND TESTIMONY

Members of the public raised questions about amendments to the
permit, well issues, hours of operation for the driveway, and the blast area. Members of the public also discussed reducing the permit term to four years rather than 10 years and limiting the hours of operation for the asphalt plant modifying the pre-blast notice area.

BOARD DISCUSSION/ACTION

A motion was made, seconded, approved to renew Evenson
Construction's conditional use permit on the terms presented to the Board with a permit term beginning on May 10, 2016 and ending on May 10, 2026.


L & H GYR EXCAVATING'S PRESENTATION

Joel Newhouse and Attorney Bill Everson spoke on behalf of
L & H Gyr Excavating. They described the history of the quarry,
including that it is not a blast pit and that there has been no crushing in 25 years. The quarry is a sand and gravel operation. Approximately 3,000 yards of sand were removed from the site last year. The DNR has issued the applicable storm water permits for the site. There is some concrete and clay fill stockpiled on site.

The quarry operates about two weeks out of the year, and they are seeking hours of operation of 7:00 a.m. to 6:00 p.m. Monday through Friday and 7:00 a.m. to 2:00 p.m. on Saturdays. Equipment used on the site consists of screeners, pay loaders, excavators, and dozers. Berm heights at the quarry vary. They are seeking a 10-year permit term.

PUBLIC COMMENTS AND TESTIMONY

Members of the public spoke regarding the application. Comments
related to property line issues, reclamation bonding, the quarry's history of compliance with the Town's requests that it obtain a permit, and issues relating to the impact of the operation on a neighboring property.

BOARD DISCUSSION/ACTION

A motion was made, seconded, and passed to approve the permit on the following terms:

A. The active quarry area shall be defined based on what the Reclamation Plan identifies as the permitted area, except that maintenance of the existing settlement pond and other erosion control activities are allowed outside of the active area.

B. The permit term will be 10 years beginning with May 25, 2017.

C. The quarry will be a sand and gravel operation only.

D. Hours of operation will be 7:00 a.m. to 6:00 p.m. Monday through Friday and 7:00 a.m. to 2:00 p.m. Saturdays. No Sundays or holidays.

E. There will be no blasting permitted at the property.

F. No contaminated fill will be allowed on the site.

ADJOURNMENT

No other business coming before the Board, a motion was made and seconded with unanimous approval to adjourn.


Dated this 15th day of July, 2017.

TOWN OF TAYCHEEDAH
Kris Marcoe, Clerk






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