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HomeMy WebLinkAbout07-25-2013 Board of Adjustment Minutes MINUTES BOARD OF ADJUSTMENT July 25, 2013 8:30 AM County Board Room - Government Center 1101 Carmichael Road, Hudson, Wisconsin CALL TO ORDER The meeting was called to order at 8:30 a.m. by Chair Malick. ROLL CALL Attendee Name Title Status Arrived David Peterson Supervisor Present Buck Malick Supervisor Present Edward Sontag Present Jerry McAllister Present James Nelson Present OTHERS PRESENT: Community Development Director Ellen Denzer, Corporation Counsel Don Gillen, Land Use Administrator Kevin Grabau, Land Use and Conservation Specialist Pam Quinn, Land Use and Conservation Specialist Alex Baldwin, Land Use and Conservation Specialist Steve Olson, Planning and Conservation Specialist Tamara Wittmer and Recording Secretary Bonita Clum. APPROVAL OF MINUTES 1. June 27, 2013 8:30 AM Motion by Sontag, 2nd by Peterson to accept the June 27, 2013 minutes as distributed. Motion carried. RESULT: ACCEPTED PUBLIC HEARINGS 1. Kernon Bast - Special Exception - Continued from 6/27/13 COMMENTS - Current Meeting: Blackburn presented the application and staff report. Staff is recommending approval of the application with conditions. Chair Malick asked if there was anyone that would like to represent the applicant. Matt Heib, signed an oath and spoke in favor of the application. Heib asked if anyone had any questions he could answer. Hearing none, Chair Malick closed the hearing. RESULT: CLOSED 2. Gary Booth - Special Exception and Variance - Continued from 6/27/13 COMMENTS - Current Meeting: Quinn presented the application and staff report. Staff is recommending approval of the application with conditions. The Town of Springfield had no comments. McAllister asked if installing a berm would solve the problems that the neighbors are experiencing with run off. Olson feels that since the pit is flat, a berm may just be used as another manure pit. Chair Malick asked if the reason for the current set back standards is to keep the waste from running into the neighbor’s property. Olson suggested that this may be one of the reasons for the current set back standards. Chair Malick and Olson discussed the frequency of pumping the pit, and when the best times of the year would be to pump. McAllister asked Olson to give the Board more information on what is regular. Olson stated that with the new standards, usually the pit should not be more than four feet deep. Chair Malick asked if the count y could schedule frequent inspections to assure compliance. Denzer recommended that to specifically determine when this pit is pumped is not a good idea, instead, Denzer suggested trying to come up with criteria that would have Olson monitor the pit, and if the applicant is in violation, the applicant will bear the cost. Chair Malick asked if anyone would like to speak in favor or opposition. Wes Booth, son of applicant, signed an oath and spoke in favor. Booth stated that he has already built a berm and only grey water flows past the berm, no actual waste. Booth stated they have not had any issues with an overflow for two years. It was because of the overflow that occurred two years ago, that they created the berm. Chair Malick asked how much it would cost to pump the pit. Booth stated they do not pay the pumper because they let the pumper keep the waste at no cost. Booth added they have also reduced the herd size to 43-45 head, plus they also added a clay berm around the south wall so there would be no more spills. Nelson asked, when the Board checked the site last month, was the pit in regulation at that time. Olson answered that the Board did not walk up to the pit to examine it. Chair Malick asked if there were any additional comments. McAllister questioned if he could get a better understanding of why the Board is looking at this application. Quinn stated that this is not an error that the applicants made, that in fact, this is an unintentional error made by the surveyor. Denzer clarified that the owner does hold some responsibility, as the ordinance states that the property owner needs to have enough land to handle the waste. Also, this structure was not shown on the Certified Survey Map and the ordinance states that all structures need to be shown. Chair Malick asked if there were any further comments. Hearing none, he closed the hearing. RESULT: CLOSED 3. Derivative Developments LLC Special Exception - Continued from 5/23/13 and 6/27/13 COMMENTS - Current Meeting: Quinn summarized the changes in the new packet. The Town of Star Prairie recommends approval with conditions. The air quality equipment could not be installed prior to this meeting. Quinn played a video showing noise level testing and the results taken from several areas of the property. McAllister asked what the Board’s responsibilities are, if the Board has any air quality responsibilities, or is that an OSHA regulated responsibility. Quinn responded that since this is an issue that has been brought to the attention of the St Croix County Health and Human Services Department, this may be a liability issue for the County. Denzer clarified that in the past the County has never monitored air quality. Chair Malick asked if the applicant would like to speak. The applicant did not wish to add anything to the testimony. Chair Malick asked if anyone would like to speak in favor or opposition. Scott Counter, Chair for the Town of Star Prairie, signed an oath and spoke in favor. Counter clarified that the Town is the licensing authority and is liable, and this is why air quality issues have been brought up. Counter also would like noise standards looked at and would like assurance that the applicant will stay within those perimeters. Gerald Odegard, neighbor to the east of the applicant, signed an oath and spoke in favor. Odegard is not opposed to this application; he would just like to make sure the noise level is kept down so his standard of living is not impacted in a negative manner. Nelson asked if Odegard was able to hear the noise on July 13th, when one of the noisiest events was held. Odegard stated that he was not home on that day. Nelson asked if Odegard could hear any other events from his house. Odegards answer was yes and he qualified his answer by stating that three years ago he bought a decibel meter to measure the noise. Odegard has noticed an improvement with the new owners, but he would like to see more improvement. Odegard feels that he should not be able to hear any noise coming from the inside of the building when he is sitting in his house. Chair Malick asked how an average could be determined, and what would be a suitable maximum. Andy Pratt, Attorney for the applicant, stated that he does not know how to measure just the noise from the inside of the building. Pratt feels that the video illustrates that the applicant has measured from the property line, and this measurement has variables based on the wind, voices, airplanes above and other noises in the area. Grabau added that when he has done decibel measurements, just by a crow flying overhead, the needle on the decibel meter moves quite a bit. Grabau feels it is very difficult to determine a suitable maximum. Kaufman, the applicant, stated that they are trying to move as many events indoors as possible and he is concerned that by putting too many restrictions on them that they will have to move more events outdoors. Kaufman reminded the Board that outdoor events are a lot noisier than the indoor events. Odegard feels the inside arena is not being used in the manner that it was supposed to be used, and does not feel that he is asking too much, that there has to be a way to keep the noise level down. Chair Malick closed the hearing. RESULT: CLOSED 4. Reconsideration of Rivard Quarry Special Exception COMMENTS - Current Meeting: Blackburn distributed seven additional exhibits and presented the application and staff report. Staff is recommending approval of the application with conditions. Chair Malick asked if the applicant is requesting any other changes besides the limit of materials that can be removed from mine. Blackburn confirmed this is the only exception Rivard Quarry is requesting. Chair Malick asked if anyone would like to speak in favor or opposition, to please complete a comment card and give them to the Recording Secretary, Bonny Clum. Chair Malick asked what the current noise restrictions are in respect to the current hours of operation. Blackburn stated the current hours of operation are 7 a.m. to 6 p.m. Monday thru Friday. Chair Malick asked if there are numbers on how much material is still available in this mine and how long this mine would be open. He feels it is somewhat of a tradeoff; to either quickly exhaust the mine, or would it be better for the neighbors if the materials were distributed over a longer period of time. After receiving all the comment cards, Chair Malick called on the applicant to speak. Buck Sweeney, Attorney for the applicant, signed an oath and spoke in favor. Sweeney stated the quarry has been in operation for several years, and prior permits did not limit the amount of material to be hauled out of the mine. They are not aware of a limit on any other quarry in the area, and the Kramer quarry would like to be treated similar to their competition. The applicant cannot compete with this limit. The applicant had called Corporation Counsel to inquire as to why they were being treated differently. Corporation Counsel suggested asking the Board for a larger limit. Sweeney stated several times that all they want is to be treated the same as every other operation in St Croix County. Chair Malick requested Doug Bettinger, from the Kramer Company, and Mike Rivard, the applicant, to join Sweeney in answering questions. Chair Malick asked what quantities are sought for the bridge project. Bettinger was not sure as the bidding plans have not been let out yet. Chair Malick asked how much material was used for the Highway 64 project. Bettinger guessed that approximately 300,000 ton range was used. Chair Malick asked how much he would estimate is needed for the bridge. Bettinger estimates that about 250,000 tons of material may be requested. Sweeney stated again that they just want to be treated like their competitors. With this restriction, on the amount they can mine, they cannot make a bid for the bridge project this fall. Rivard owns the property on the east side of the pit, the other sides have a buffer of trees, and the nearest neighbor is one quarter mile away. Sweeney wants to make it clear they are not requesting to expand the footprint. McAllister asked if it would be possible to blast ten times as much, or could they blast more at one time. Sweeney answered that there are standards set by the state. If the question is about blasting being concentrated to fewer days, Sweeney stated that the goal is to work with the neighbors to minimize the impact that they would have. Nelson asked how many days/blast it takes if they need 45,000 tons. Sweeney responded that it would take two days of blasting, but that is an estimate and it varies based on the intensity of the stone. Chair Malick called on Ed Schachtner, Chair of the Town of Somerset, to speak. Schachtner signed an oath and stated that his concern is that the Town would like to take a closer look at this. Schachtner is asking the Board to table this request for a month. Schachtner feels the applicant could have been a little more proactive and worked with the neighbors and Town. Schachtner lives four miles away, and if the wind is blowing in the right direction, he can hear the blasting. He feels for the neighbors that live close to the pit. Chair Malick called on Jill Medland from the National Park system to speak. Medland signed an oath and spoke in opposition. Medland wanted to remind the Board that the riverway is, and has been, a retreat from urban noise and stress. She feels that this mine should not be treated the same as other mines in St Croix County, as this pit is located right next to a National Park and located in a heavily populated area. Chair Malick asked if there was any benefit to exhausting this mine. If it would be better off doing that, or better to have low level mining going on and stretch it out. Medland replied she does not know the answer to that question, she feels that the level of blasting, at such a high level, could produce permanent damage to the environment. Chair Malick asked if it would be beneficial to limit the days and times that blasting could be done. Medland does not feel this would be helpful as the park has visitors every day. Nelson asked what the park visitors are hearing. Medland stated she is not sure what they are hearing, but rock crushing is probably the loudest noise. Chair Malick called on Jeff Wroblewski, neighbor of the applicant, to speak. Wroblewski signed an oath and spoke in opposition. Wroblewski feels that the amount of material that is taken out of the pit, is in direct response to the amount of noise, dust and nuisance that is created. Wroblewski feels that Kramer, fundamentally, is not like other quarries in the county. This pit is in a residential neighborhood, and the fact that this pit is adjacent to the scenic riverway, makes him feel that this quarry is not like others in St Croix County. He is also concerned over the impact, of all the blasting to the wells in the area. He asked the Board that when they have their discussion on the frequency and magnitude of the blasting, to take into account that when the blasting is going on, their windows and pictures on the wall will shake. Wroblewski questioned what the blasting is doing to the structure of the homes in the neighborhood. Wroblewski also felt the Board needs to take into consideration, the rocks on the highway and the road conditions with all the truck traffic. McAllister stated that it is not true that you cannot run a quarry in a residential area in St. Croix County; that there are other quarries that operate successfully within neighborhoods. Chair Malick called on Jean Hoffman, neighbor of the applicant, to speak. Hoffman signed an oath and spoke in opposition. Hoffman stated there is a heightened level of discomfort in her house when the blasting is going on. Her house actually shakes. She is also concerned about her well. Hoffman feels the Board was wise to place a limit on the amount of material that could be removed from this mine. Hoffman also read a letter written by her husband Mark. Chair Malick called on JoAnne and Jim O'Connor, neighbor of the applicant, to speak. The O’Connors signed an oath and spoke in opposition. The O’Connors actually have a crack in their ceiling that they feel was caused by the blasting. They feel that maybe an environmental analysis should be completed to determine the damage that is being done by the blasting. Chair Malick asked if they would be willing to do a water test and make the results public. The O’Connors stated they would be more than happy to have their well tested. Nelson questioned if there were any chemicals used when washing the materials. Sweeney responded that the washing is done with recycled water and no chemicals are used. Peterson asked if they reported the crack in their ceiling. They responded that they live in an old home so they did not report it. Mrs. O'Connor mentioned that her neighbors live in newer homes so it would be more of a concern for them. Chair Malick called on Craig Bursch, neighbor of applicant, to speak. Bursch signed an oath and spoke in opposition. Bursch feels it is the Board’s obligation to protect the National Scenic Riverway and not allow expansion of this quarry. Chair Malick called on Judy Langford, neighbor of applicant, to speak. Langford signed an oath and spoke in opposition. Langford feels there will be more damage in the future. She lives between her two daughters, and one of her daughters has noticed a large crack in their chimney and is concerned that this was caused by the blasting. Langford feels that more blasting is going to do additional damage to their homes. Chair Malick asked if anyone else would like to speak. There were no other comments. Chair Malick asked if the Kramer quarry calls the neighbors to let them know when blasting has been scheduled. Sweeney stated that they do call the adjoining landowners that have requested to be on their calling list. Nelson asked of the other mining operations that have a 600,000 ton limit, where they are located and how many reach that limit. Sweeney is not sure how many reach that limit, but they are located in the Town of Springfield area. Nelson also asked what Kramer does if a house is damaged. Sweeney stated the blaster would be responsible for any damage. Sweeney reiterated that they are asking for 600,000 tons, but they don't ever expect to get to that point. The Rivard quarry does whatever they can to be a good neighbor. Blasting regulations, which are set by the State, are carried out carefully. McAllister clarified that, because the Kramer Company is requesting this so they can place a bid for the bridge, tabling is not an option. Sweeney agreed with that statement. Chair Malick asked again if there was anyone that would like to speak in favor or opposition. Kris Wroblewski, neighbor of the applicant, spoke again stating that she has not received a call when Kramer is planning to blast. Wroblewski would also like to be included in any testing of the well and well waters. Nelson asked Kramer that if the Board approves this application, would they need bigger trucks. Sweeney stated that they are not asking to expand anything, they just want to be treated the same as other mining operations. There are no plans to add larger trucks. Chair Malick asked again if there was anyone that would like to speak in favor or opposition. Jean Hoffman, a neighbor, asked to be heard again. Hoffman read a schedule of events for the river bridge project published by the Wisconsin Department of Transportation. Chair Malick asked if this would mean that the bids would be received in December. Hoffman stated she did not know, but the dates are published. She would also like it noted that this quarry is 100' from the bluff. Hoffman stated she is not qualified to determine the damage the blasting may be doing to the bluff, but is concerned that this is not being monitored more closely. Chair Malick closed the hearing. RESULT: CLOSED SITE VISITS The Board recessed at 12:30 p.m. The Board reconvened at 3:30 p.m. BUSINESS ITEMS 1. Reconsideration of Rivard Quarry Special Exception Permit Motion by McAllister, 2nd by Malick to approve with 10 findings and 6 conditions. (Specifics are on file in the Community Development Department) RESULT: APPROVED [UNANIMOUS] MOVER: Jerry McAllister SECONDER: Buck Malick, Supervisor AYES: David Peterson, Buck Malick, Edward Sontag, Jerry McAllister, James Nelson 2. Kernon Bast - Special Exception for Grading More Than 10,000 Sq. Ft in Shoreland Motion by McAllister, 2nd by Peterson to approve with 11 findings and 11 conditions. (Specifics are on file in the Community Development Department) RESULT: APPROVED [UNANIMOUS] MOVER: Jerry McAllister SECONDER: David Peterson, Supervisor AYES: David Peterson, Buck Malick, Edward Sontag, Jerry McAllister, James Nelson 3. Gary Booth - Special Exception to Exceed Animal Units Per Acre Variance for Property Line Setback to Animal Waste Structure Motion by Malick, 2nd by Sontag to approve with 15 findings and 8 conditions. (Specifics are on file in the Community Development Department) RESULT: APPROVED [UNANIMOUS] MOVER: Buck Malick, Supervisor SECONDER: Edward Sontag AYES: David Peterson, Buck Malick, Edward Sontag, Jerry McAllister, James Nelson 4. Derivative Developments LLC Special Exception - Tabled 5/23/13 and 6/27/13 Motion by McAllister, 2nd by Peterson to approve with 14 findings and 17 conditions. (Specifics are on file in the Community Development Department) RESULT: APPROVED [UNANIMOUS] MOVER: Jerry McAllister SECONDER: David Peterson, Supervisor AYES: David Peterson, Buck Malick, Edward Sontag, Jerry McAllister, James Nelson ANNOUNCEMENTS & CORRESPONDENCE ADJOURN Chair Malick adjourned the meeting at 4:45 p.m. Respectfully Submitted: Bonny Clum DATE OF NEXT MEETING - AUGUST 22, 2013 AT 8:30A.M. IN HUDSON