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August 26, 2015 Minutes of August 4, 2015 Board of Appeal Meeting Regarding Batzler Trucking Application for Conditional Use Permit

TOWN OF ASHFORD
Minutes of the Board of Appeals Hearing
August 4, 2015					87 people present

Roll call was taken.  Dan Wagner, Tony Fleischman, Dietrich Otto, Stan
Brath, Millie Brath were present. Tracy Flasch said she posted the
notice and sent notice of the hearing to all surrounding residents
shown on Table 4.1 of the Batzler application for special exception
permit.  The Pledge of Allegiance was said.  The Town Chairman
appointed Tony Fleischman as Chairman and Dan Wagner as Secretary for
the Board of Appeals.  
Attorney Herbrand started with an overview of the procedure of the
Board of Appeals in dealing with an agricultural use of land.  He
stated that the requirements of the Town zoning dated 2011 would have
to be followed for special exceptions. 

 Jake Batzler talked about the mining process. There are four phases
of mining on the Wiesner property for a total anticipated mining
period of 12 to 15 years if approved.  Phase 1 is a five year project,
30 ft. deep excavation; access is off of Ashford-Auburn Dr.  Phase 2
is a two to three year project, 14-24 ft. deep, access is off of
Ashford-Auburn Dr.  Phase 3 is a three to four year project with a
depth of 14 to 24 ft., access if off of Ashford-Auburn Dr.   Phase 4
is a five to eight year project with a 14 –24 ft. access off of Haven
Dr.  The phases are shown on Figure 8 of the Batzler application for
special exception permit.  All sites would have a 50 foot setback from
the property line and/or road.    Each phase would be reclaimed after
excavation while transitioning into next phase.  Batzler would have up
to one year to reclaim each site after excavating.  The FDL County
Code Enforcement Officer would oversee reclamation.  There is a letter
of credit or bond from the bank of $191,000.00 to pay for reclamation
if the site is abandoned or Batzler declares bankruptcy.  The Wiesner
farm consists of 66 acres.  The mining would cover 28 acres.  

The board asked if there was enough soil to reclaim the site and if
Mr. Wiesner had mineral rights to the site.  The board also asked how
much product would be screened at one time.  The answer was twice as
much sand on the Wiesner site with less screenings than on the Steger
pit.  This could be approximately 35 to 50 loads a week going directly
to farmers and not wholesale.  Were soil borings taken on the site? 
The answer was borings were not taken; some sand was taken out of Site
1 already.  The board asked if in the future material could be mined
from the northeast corner of the property.  The answer was the soil
surface is not high enough above sea level.  

Attorney Joe Cincotta, representing Ed Jubicek, commented on the legal
issues that both sides should be heard tonight and there is no easy
answer.  This will be a tough decision by the Ashford Board of
Appeals.  The board has to consider the requirements of the town’s
ordinance on page 44, listen to everyone’s comments and respect
everyone’s rights.  

The following is a summary of the comments by the public at the
hearing:  

Public Comments
Ed Kubicek (W2473 Trail Vu Ct.):  His property abuts phase 2.  He
stated there are 86 houses within a ½ mile of the mining pit. And
as a kid he played in a sand pit and this would be an attractive pit
for kids in the subdivision to play in. He is also concerned that his
house value will go down and frogs and birds will be disturbed.

Sandy Osgood (W2463 Timber Ct.):  She wants peace and quiet and
quality of life. She is located south of the Kubicek property.

Dave Dahlke, (W2445 Trail Vu Ct.): is worried about the wetland ducks
and the Oak trees.

John Clark (N585 Moraine Dr.) is worried about the trucks and school
buses meeting on the road, that there could be an accident between
them.

Scott Flitter (N817 Moraine Dr.) He said trucks currently working out
of the Steger pit go east and west on Haven Dr. which borders the
subdivision on the north.

Melissa Polzin (W2465 Trail Vu Ct.) said she likes to leave her
windows open and is worried about the dust.  

Joseph Woodworth, the supervisor for the Town of Auburn, wants to make
sure the Town of Ashford is protected from future legal issues if the
Batzlers do not live up to their special exception permit, if
approved.

John Fisher (W2662 Haven Dr.) wants to know if the right of way for
the highline would be affected by the applicant.  

Frank Stoffel (W2589 Haven Dr.) states the berm from the current
Steger pit spilled over onto his property.  Also, in phase 4, the
truck would have to go past his house to the west, and he currently
has dust from the Steger pit in his woods.  

Joe Nolan (W2777Haven Dr.) is currently across from the Steger pit and
is concerned if there is a current bank mortgage on the Wiesner
property and that the trucks would go through Elmore from the proposed
mine onto County Rd BB.  He is also concerned about people that walk
on the road.  

Jake Batzler stated there is a lot of sand, stone and gravel under the
southeast corner of the Town of Ashford.  He is currently taking sand
and gravel from the Steger pit and has been doing so for 9 years.  In
the past, material has been removed from the Pat Jaeger farm, the Weis
farm, the Campbellsport Sportsman’s’ Club, and behind Wild Wings
Sportsman’s’ and from behind Lake Bernice Lodge, and Kloke-Ready Mix
plant.  Farmers have large equipment and also use the roads.  

Board members, Stan Brath and Millie Brath asked who was here first-
the gravel pits or the subdivision?  Also it is dangerous for people
to walk on the roads because of cars.  

Joe Woodworth said the board should consider the safety for kids in
the area, and specifically numbers 1 and 2 of the requirements for a
special exception in the Town of Ashford Ordinance.

Jake Batzler commented also the subdivisions in the area are not all
new and that some houses are close to the existing Steger pit.  

Tom Ertl (W2592 Ashford-Auburn) is directly across from phase 1.  He
is worried about the Lake Bernice Bridge and the additional truck
traffic.  

Randy Karoses (W2696 Haven Dr.) lives between the existing Steger pit
and proposed phase 4 of the Wiesner pit.  He said Jake Batzler will
benefit from this pit and Jake Batzler took material off of phase 1
already, which was a county violation.  Wendy Giese from FDL Count y
Code Enforcement, stopped him from further activity and voided his
conditional use permit. Farmers made money from selling farmland that
was turned into subdivisions.  

Ed Kubicek said he pays $ 6500.00 per year in property taxes.

Attorney Joe Cincotta said that board members Stan Brath and Millie
Brath should follow their legal responsibility for the requirements
for a special exception and not their personal feelings of who was
there first. 

Pam Groschel (N554 Moraine Dr.):  She is worried about kids’ health
from the dust and who is responsible for Batzler to live up to his
agreement when there were past problems pointed out by Randy Karoses. 


Joe Bondlender (W4433 Superior Dr.)  said Batzler is not the only one
to benefit from the mining pit, because the entire dairy industry will
also benefit, because 85% of dairy farms need sand, and questioned
where it should come from.  He also believes conservation is important
and subdivisions destroy wildlife habitat.  

Dairy farmer, Mark Mueller from Lomira currently purchases sand from
Batzler and he questioned where it would come from in the future.  He
currently farms land adjacent to other pits where there is blasting. 
Batzler proposed the Wiesner pit would sift sand and not blast or
crush limestone rock.  

Scott Schreffler (W2624 Ashford-Auburn Dr.) said January activity on
the Wiesner property pushed dirt from the berm onto his land.  

Dave Lamp (N629 Moraine Dr.) cares about kids.

Laura Pickering (N2496 Haven Dr.) feels there could be a better place
for a mining pit.

Jim Bates (W2720 Haven Dr.) is next to Joe Nolan’s pheasant pens which
at one time was a cornfield.  The subdivision was also a cornfield at
one time.  Now it is a community.

Todd Brehm (W2463 Timber Ct.) said some members of the board have
already made up their minds.  Roads are made for people and bikes.  

Jim Senn (W3358 Campbell Dr.) also purchases sand from Batzler.  He
said a pit has to be where sand is located and this is a tough
decision for the Board of Appeals to make.

Joe Woodworth heard that other sites were looked at by Batzler.  Jake
Batzler said he has not looked at any other sites up to this point.

Jerry Trapp, from Quality Aggregate in Green Lake, WI, said this is
not dusty limestone.  Stock piled sand will have moisture applied by
DNR regulations.  Sand has natural moisture when it is mined, unlike
rock, which is crushed.  Currently there is a mine in Oshkosh behind
WG & R Furniture and many people do not even know it is there. 
Everyone needs crushed aggregate.  Where will it come from in the
future for our kids who will need gravel and ready-mix to build their
future homes?  People in the subdivision complain about farmers making
noise and operating large equipment, and water could be used for dust
control in the Wiesner pit.  

Mary Breuer asked if any of the Batzlers are certified in EPA Method
9, which regulates noise for miners.  

Frank Stoffel said dust comes from moving the sand, not the pile, and
the wind blows 24 hours a day. A 16 foot berm at the Steger pit does
not stop the dust.  

Jim Bates (W2720 Haven Dr.) said sand mines are necessary, but should
be along highways. 

Tony Fleischman asked if Jake Batzler had a fugitive dust plan. 
Batzler said the DNR does not require one at the Steger pit.  

Close of Public Comment:

Public comment was closed and Attorney Herbrand asked for board
deliberations or questions and board member Daniel Wagner said he
could vote “yes” for phase1 and phase 3 only if this was legally
possible.  Attorney Herbrand said this would have to be in the form of
a motion with the changes and conditions printed into the written
conditional use permit that he would prepare, depending on the Board’s
decision.

Taking into account the requirements for a special exception permit as
set forth in section 9.6.(c), with consideration of public comments,
Board member, Dan Wagner, said, based on the distance from the homes
in the subdivision and the natural habitat between the subdivision and
the proposed phase 1 and phase 3, including existing buildings and
farm fields, and the fact that no traffic would come off of Haven Dr.,
he felt that the permit and proposed mining activity would not be
detrimental or injurious to the use and enjoyment of the people in the
immediate vicinity and on Haven Dr and was compatible with existing
uses and structures in the District. 

Attorney Herbrand said a motion would be needed from the board.  Stan
Brath made a motion to approve a special exception permit for mining
on phase 1 and phase 3 of Figure 8 of the Batzler application only and
subject to the terms, conditions, representations, and restrictions
set forth in the application documents from Batzler.  Such permit
would be valid for 10 years, pursuant to Town code, and would be put
in writing by Attorney Herbrand.  Motion was seconded by Dan Wagner. 
The Board then had time to discuss the motion.  Board member Millie
Brath agreed that this motion met the requirements for a special
exception permit as set forth in the Town Code, for those reasons
outlined by Board Member Wagner.  Board member Tony Fleischman was not
comfortable voting on the motion at this time.  Attorney Herbrand
suggested postponing the vote to a different day and time.  The Town
of Ashford Clerk stated it would be difficult to reschedule the vote. 
The Board then decided that a decision should be made at this hearing.
 Board member Tony Fleischman said he was willing to vote on the
motion on the floor.  Attorney Herbrand called for a voice vote.

Voting aye were Millie Brath, Stan Brath, Dietrich Otto and Daniel
Wagner.
Voting nay was Tony Fleischman.
The motion passed 4 to 1.

The Board of Appeals Chairman called for a motion to adjourn.  Motion
was made by Millie and seconded by Stan Brath.  Motioned carried
unanimously.

Meeting Adjourned.  

Respectfully submitted,
						Daniel Wagner,
						Board of Appeals acting Secretary



 
 










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