DATE: June 25, 2009 Session of the Board
PRESENT: Richard Vogt, Vice Chair
David Wernecke
Ron Lestikow
David Allen
Linda White
ABSENT: Fred Halfen
Robert Roloff
STAFF PRESENT: Gina Templin
Dave Lorenz
OTHERS PRESENT: See individual appeal files for registration appearance slips.
Vice Chair Vogt called the session of the Sauk County Board of Adjustment (BOA) to order at approximately 9:00 A.M. The Vice Chair introduced the members of the Board, explained the procedures and the order of business for the day. The staff certified that the legally required notices had been provided for the scheduled public hearing. The certification of notice was accepted on a motion by Wernecke, seconded by White. Motion carried 5-0.
Motion by Vogt, seconded by Wernecke, to amend the agenda to postpone the election of officers to the July meeting when a full Board can be present. Motion carried 5-0.
Motion by Wernecke, seconded by White to adopt the amended agenda. Motion carried 5-0.
Motion by Wernecke, seconded by Lestikow to adopt the May 2009 minutes. Motion carried 3-0 with White and Allen abstaining.
COMMUNICATIONS:
Lorenz provided a resolution from the Town of Franklin in support of the Kraemer (SP-25-09) request.
APPEALS:
A. Milestone Materials (SP-24-09) a special exception permit to authorize the renewal and change of ownership of various mineral extraction sites located within the Town of Baraboo.
Dave Lorenz, Environmental Zoning Technician, appeared and gave the history and background of the request as well as photos of the site. He then recommended conditions to be placed on the appeal if the request were approved.
Wernecke asked about the special exception permit being nontransferable. Lorenz stated it is correct.
Wernecke asked about the operations plans. Lorenz stated that the plans are the same as the previous owner, and they have filed a reclamation plan and permit and bonding for the site.
Vogt confirmed that nothing changed other than the ownership. Lorenz stated that is correct.
White spoke of the 5 year permit versus the 10 year permit and the reasoning behind that.
John Montgomery, Milestone Materials, applicant, appearing in favor of the request, stated that Mathy Construction acquired the property that the permit is being asked for, however Milestone Materials and Gasser are divisions of Mathy and operate in this area and confirmed that they are talking about one company. He also spoke of some of the history of the request and are willing to abide by all conditions set in place currently, as well as a road maintenance agreement with the Town of Delton and the Town of Baraboo. He spoke of a water problem on Fox Hill Road brought up by the Town and they are working on that issue and the updated reclamation plans and bonds with the County. He also spoke of a master reclamation plan for the entire area.
White asked how much material will be taken out of the sites during the year. Montgomery stated that will depend on the demand and also mentioned that at one site they are nearly complete with the material that can be removed on it. He thought that on an average, around 30-40,000 ton a year.
Wernecke asked about the change in operation. Montgomery stated that there is not going to be much change other than a little more proactive approach on the reclamation.
White asked about complaints on the past operation. Montgomery stated he is not aware of any.
Vogt asked about the agreement with the Town on the road maintenance. Montgomery stated there is a present agreement in place with the previous owners, however they are currently working on the agreement with the Town. He then spoke of the pavement structure and what would be needed.
Vogt asked about an amended reclamation plan. Montgomery stated they would be.
Larry Volz, appearing in favor of the request, stated that he is a member of the County Board and a Town Supervisor for the Town of Delton, stated no one has contacted him with complaints and the operation has been there several years. He also spoke of the agreement with the Township of Delton and have had no problem.
Vogt asked about the conditions listed by Planning and Zoning. Volz mentioned that they have their own agreements with the operator which are separate from a special exception due to the Town of Delton not under county zoning.
White asked about history with the operators and if he would object to the permit being 10 years. Volz stated they have had no issues with them in the past.
Montgomery reappearing in favor, read an agreement with the Town for road maintenance, which is Exhibit VIII,1.
Wernecke brought up the operations plan. Lorenz explained.
White asked about the 3 inspections a year. Lorenz stated we have and there are no record of problems.
The board discussed the reclamation plan and the conditions listed.
Lestikow asked about any update from the Town of Baraboo. The Board determined that no decision had been submitted by the Town.
Paul Hasheider, Town of Baraboo, appearing as interest may appear, stated that the Town approved the permit request and the operators have been very good work with and have no issues with them.
Seeing as no one else wished to speak, Vice Chair Vogt closed this portion of hearing at 9:45 a.m.
The Board discussed the request.
White spoke of the length of permit and because of the good working relationship the applicant has with the Towns and County, she would like to see the permit expanded to 10 years.
Vogt spoke of the previous discussions to have the reclamation be an ag use not necessarily crop land or pasture.
Motion by Vogt, seconded by White, to approve the request for a special exception permit, increasing the years to 10 years and changing #14 to ag or ag use versus pasture, with the conditions supplied by Planning & Zoning. Motion carried 4-1 with Wernecke in opposition .
B. The Kraemer Company (SP-25-09) requesting a special exception permit to authorize the renewal and expansion of a mineral extraction site.
Dave Lorenz, Environmental Zoning Technician, appeared and gave the history and background of the request as well as photos of site. He then recommended conditions to be considered on the request if the appeal is approved.
Vogt asked about Exhibit III,7 and the date should be May 4, 2006 versus 2001.
Wernecke asked if he had a chance to see the Town of Franklin's new conditions. Lorenz stated that just came in this morning.
White asked about any problems at the site. Lorenz stated there have been none.
Richard Marino, The Kraemer Co., appearing in favor of the request, stated that there has been a quarry in this area for approximately 40 years and they are asking for an extension of the quarry which is contiguous and owned by the same property owner. He also mentioned that the Town Planning Committee and Town Board has reviewed the request and provided information. He did speak of the reclamation plan and bonds currently in place on this property which will be revised to include the expansion if the special exception is approved.
White asked about the permit that it will be joined with is from 2006 and if the permit is for 7 years and it expires at the same if that will work. Marino stated it doesn't matter, as they intend to bring it all together when the original permit expires anyway.
Wernecke asked about the operations plan, when you get into the western part of the property, how is the runoff being controlled. Marino stated that the runoff is controlled in that area because of the topography of the quarry itself with it being lower, as well as other methods for reducing water in the quarry property.
Joe Prem, Town of Franklin, appearing in favor of the request, stated that the Kraemer Company has been great to work with and are asking that they apply the conditions requested by the Town.
Wernecke asked about the conditions from the original request being slightly different from the new request. Prem reviewed and identified that they were not real different. He explained that they followed the letter the last time and have no issues with the owners/operators and adjacent land owners have had no issues either.
Bob Jewell, The Kraemer Co, appearing in favor, stated that he did an archeological site inventory and verified that no sites were located in the inventory. He also addressed the storm water control and the monitoring that takes place.
Lestikow asked about the owners surrounding the property. Jewell spoke of the neighbors that do have their home up for sale and has spoken to those owners and mentioned that the owners of that home actually work for the Kraemer Company.
Seeing as no one else wished to speak, Vice Chair Vogt closed the public portion of the hearing at 10:15 a.m.
The Board discussed the term of the approval for the expansion of the permit and determined that the permit will expire on the same date as SP-17-06, which is April 26, 2016. They also discussed the reclamation plan, condition #14 changed to reference II,3 versus II,8 which addressed the reclamation.
Motion by Wernecke, seconded by White, to approve the special exception permit with the conditions listed by Planning and Zoning and the Town of Franklin, with the expiration date following that of SP-17-06 (April 26, 2016) and referencing Exhibit II,3, the plan submitted during today's hearing. Motion carried 5-0.
Meeting adjourned.
Respectfully submitted,
Robert Roloff,
Secretary