Sauk County Board of Adjustment

SAUK COUNTY BOARD OF ADJUSTMENT

                                                March 26, 2015 Session of the Board

 

PRESENT:                  Linda White, Chair

Dan Kettner, Vice Chair

David Allen
Henry Netzinger

Nick Ladas

                                  

ABSENT:                    None

 

STAFF PRESENT:     Dave Lorenz 

                                    Steve Sorenson

 

OTHERS PRESENT:  See Registration slips

 

Chair White called the session of the Sauk County Board of Adjustment (BOA) to order at approximately 9:00 A.M.  The 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 David Allen, seconded by Dan Kettner.  Motion carried, 5-0.

 

The Board adopted the agenda for the March 26, 2015 session of the Board on a motion by David Allen, seconded by Dan Kettner .  Motion carried, 5-0.

 

The Board adopted the minutes from the February 26, 2015 session of the Board on a motion by Henry Netzinger, seconded by Dan Kettner.  Motion carried 5-0.

 

COMMUNICATIONS:  None.

 

APPEALS:

 

A.        Ray Zobel & Sons, Inc. (SP-02-15)

 

Dave Lorenz, appeared and gave a brief history and background of the property, as well as reviewing photos and a video of the site.   He then recommended conditions to be placed on the appeal if the request were approved. Five special exception permits have been granted since 1990 for mineral extraction activities at this site.  No citations.  No floodplain.  No wetlands.  Both the towns of Reedsburg and Ironton are aware and supported the request.  Few residential properties in area.  CPZ recommends the following conditions;  Limit the permit to 5 years, CPZ shall inspect the operations at least 3 times each year, Financial assurance shall be in place, have an agreement with the town regarding road access, signage and maintenance, control dust, address water quality, fence went necessary, maintains buffer zones, Follow established hours, no restrictions on number of days or months during the year, notify CPZ 24 hours prior to each blast, CPZ shall have the power to enact emergency operational hours, slopes no steeper than 3:1,follow reclamation standards and county can enforce all conditions.

In favor:

Linda inquired about screening to the west,  Mr. Zobel agreed to plant trees on south side of working area.  The north side of the pit area is already forested.  Mr. Zobel stated he lives within a half mile of the quarry.  Most of the rock stays in the county.  Sauk County buys around 7000 tons and Reedsburg around 10,000 tons.  Total output is around 75,000 tons.  Blasting occurs several times a year, normally in October.  The neighbors are notified of all blasting.  No complaints.  No issue with area wells.  Dan asked if ground water has been tested and Mr. Zobel did not know.  The quarry has been in operation since 1990.  Mr. Zobel thought it might take 10 years before they would be in Ironton township.  The pit will move straight west.  Dave Allen stated that there is a dairy farm southwest of the existing pit that test their water regularly.  Mr. Zobel stated they have one diesel fuel tank (250 gallons) in the mine for the loader.

 

No opposition.

 

No interest as may appear.

 

Seeing as no one else wished to appear, Chair White closed the public portion of the meeting at approximately 9:30 am.  The Town of  Ironton approved the mine for a 10 year permit life.  Moved to approve with following conditions, 10 year permit life and blasting hours from 8 to 5 pm.  Dave Lorenz address the Board and explained the changes in chapter 7, page 29 states permits can only be for 5 years.  Linda striked the change.  Dan asked if there were any changes to the zoning ordinance on blasting.  Dave stated that blasting rules did not change.  David Allen motioned to give a 5 year permit and change the blasting hours from 8 to 5 pm. And include all CPZ recommendations.  Seconded by Dan.  Motion carried 5-0.

 

 

 

B.        Slama Farms, LLC, (SP03-15)

 

Dave Lorenz, appeared and gave a brief history and background of the property, as well as reviewing photos and a video of the site.   He then recommended conditions to be placed on the appeal if the request were approved. No citations.  2 previous BOA hearings.  The property has been a mine site since 2002.  No floodplain.  No wetlands.  LaValle is aware of the hearing and supported the request.   

 

 

CPZ recommended the following conditions, Limit the permit life to 5 years, CPZ staff will inspect 3 times a year, enter into an agreement with the Town of LaValle regarding town road access, signage and maintenance, monitor dust, financial assurance shall be in place, monitor water quality, fence as necessary, maintain buffers, follow approved hours, no restrictions on the number of days or months of operation during the year, under emergency conditions CPZ shall have the power to enact emergency operational hours, slopes shall be no steeper than 3:1, follow reclamation standards and CPZ can enforce all conditions.

 

Steve provided an update on reclamation.

In favor;

James Taylor, stated the mine was inactive for a while, bedding sand for farmers.  No complaints.  Do not own land to west.  The mine started out at 4-500 yds per year now half that.

 

No one opposed.

 

No Interest as may appear.

 

Seeing as no one else wished to appear, Chair White closed the public portion of the meeting at approximately 9:50 a.m.  Nick stated the town was in favor.  Motion by Nick to approve with CPZ conditions, seconded by Henry.  Motion carried 5-0.

                                                           

 

C.        Bindl Bauer Limestone, (SP-04-15).

 

Dave Lorenz, appeared and gave a brief history and background of the property, as well as reviewing photos and a video of the site.   He then recommended conditions to be placed on the appeal if the request were approved.  A special exception permit was granted in 2008 for mineral extraction and an appeal to expand the hours was denied in 2010.  No citations.  No flood plain, No wetlands, the Town of Bear Creek was notified and supported the request.  CPZ recommends the following conditions, permit is for 5 years, conditions of SP-11-10 shall remain in effect.

 

In favor;

Joe Bauer, gave a presentation, calls from farmers requesting material on Sunday and he has to tell them no.  He now requested that he be able to have Sunday operating hours.  He also stated the blasting hours need to be flexible because of weather.  He stated he has 3 blasts a year.  He stated he has one neighbor express concerns about the blasting.  He requested that the permit be good for 10 years.  Richland allows 10 years.  Linda stated that the new zoning ordinance does not allow more than 5 years.  Nick addressed the blasting concerns and stated the past condition recognizing emergency hours.

 

Linda asked what he would like for expanded hours.  Joe Bauer stated to operate on Sunday from 7 to 5 pm in the spring when the weather is good.   past hauling farmer want on Sunday.

 

In favor, Jerry Hast, Hillpoint, Supervisor 22.  At the mine regularly.  Speaking as County  Bd. Supervisor.  Joe runs a good quarry.   Town of Bear Creek has no concerns.   Material does come to Baraboo.  The quarry is widely used.  Linda discussed expanded hours in special cases for rush times.   

 

Seeing as no one else wished to appear, Chair White closed the public portion of the meeting at approximately 10:14 a.m.

 

 

Motion by White, seconded by Dan Kettner, to approve with 2 changes, operating hours Monday-Friday till 7 pm.  Sunday operating hours from 9-1pm for the months of April and May for ag lime for farmers as well as the conditions recommended by Conservation Planning and Zoning,    Motion carried 5-0.

 

 

D.        Schroeder’s Century Homestead, LLC, (SP-05-15)

 

Dave Lorenz, appeared and gave a brief history and background of the property, as well as reviewing photos and a video of the site.   He then recommended conditions to be placed on the appeal if the request were approved.  Dan asked about the company names.  Cloud vs. Bugtussel.  Dave explained,  Dave stated the tower plan was revised to reflect a 295 foot tower in Westfield.  No previous permits, No previous appeals, No citations.  Dave explained the setbacks and driveway access.  Dave stated that Co-location is permitted.  The land owner is aware of the request.  No floodplain, No wetlands.  The Town of Westfield did deny the request.  No written explanation provided.

 

In favor;

Ken Frazen, applicant, spoke in favor.  He represents Bugtussel.  He explained the ownership and company names.  The business is looking to build out Sauk County with wireless internet.  He explained past success in Adams and Fondulac counties.  They offer a wireless internet and fiber is not needed.  The will run everything off the towers.  He asked the members to review the map of tower locations.  Some towers are operating now.  14 sites are co-located.  However, they need more towers in the rural areas.  They cannot overlap the signal.  This property was selected because of the higher elevation.  An existing tower is 2 miles away but they cannot use that tower.  He explained that in July 2013 the cell towers laws were rewritten.  The new laws have different  setbacks and FAA oversees everything.  He explained that FAA requires cone lights that flash up.  He explained that the tower height was 295 feet including the lightning rod.  Their company will allow 911 equipment free of charge.  He explained the 4 carrier options.

 

Dan stated he lives in the country and has Bugtussel service.

 

Henry asked if the tower will improve cell phone coverage and Ken said yes if they collocate.

 

Dave stated there is a company in Reedsburg that offers coverage using farm silos.  He did not know the company details.

 

Vicki Terpstra spoke in favor and is a Bugtussel customer and employee.  She showed a lap top of customers wanting internet service. There is a need for service.  She has met with 1000’s of homeowners.  She was not at the town meeting.  Lives in Spring Green.

 

Opposed;

Tom Broughton, Westfield Chair,  He stated the Board denied because of want or need.  His town likes the country charm.  They do not want a commercial landscape.  They enjoy the rural countryside.  There are many options for wireless service.  He expressed concerns over the cost and that the towers only have a range of 2 miles.  The lease should be recorded with the county.  Worried if they go bankrupt who will take care of the tower or dismantle.  Should have a bond.  Stated the property needs to be rezoned to commercial.  The Westfield residents do not want the tower.

 

Linda asked how many were at the town meeting and he stated 19.  No one spoke in favor.

 

Dan asked if had had internet and he said yes and he is satisfied with his service.  Tom thought only about 10% of town is without coverage.  He is using the silo internet company.

 

Lori McCloud was opposed.  She is the landowner across the street.  She does not want a cell tower outside of her door.  She already has an internet connection.  Concerns about the health affects.  The tower is not necessary.  They can collocate in Loganville.  They will need many towers which will spoil the views.  She is worried that she cannot sell her house with a tower next door.  She was not at the meeting.  She stated the area is already well served.

 

Bill Swartz was opposed and is on the town board.  He has good reception.  No complaints with the existing system.  The property would need to be rezoned.  Concerns about dead zones.

 

Dan Light, was opposed and owns land across form Mr. Schrader.  He did not make the meeting.  Concern over the number of towers.  They can use the Loganville tower or existing silos.  Concerns if the land sells, will the contract be honored.  Many questions.

 

David Light was opposed.  The area already has providers.  Cable in the area.

 

Dave Lorenz address Chapter 23.07 which states that towers are permitted in exclusive ag zoning.  He explained the zoning standards.

 

Henry asked about EMS dead spots and Dave did not know.  Dave stated that the Board can request assistance from other departments.

 

Interest as may appear;

Ken Franzen discussed the Wisconsin Cell Tower law that was approved in 2013.  He stated that the county cannot deny a tower permit.  The county does not have a current ordinance.  He provided and exhibit and Steve labeled as Exhibit 2-7.  He also presented to the town of Westfield.

 

Linda inquired about the economic burdensome clause in the new law.  Ken said he has proof.

Dan inquired about the costs.

 

Nick asked if 17 more towers were needed and Ken stated yes, in the county.  Ken stated that no proof of coverage was offered.

 

Linda wants to look into the new law and cannot make a decision.  She has questions on the impacts of the new law.  She wants all the information and still has questions.  Is this a stroDisng are proposal?

 

Interest as may appear;

Dan Light had a question for Ken.  Can the antenna go on a silo?  Ken said they are not high enough.    Ken stated that silos do not work well as towers.  They must overlap.  Linda reviewed the tower map with Ken.  Dan stated some towers are owned by  the county and they can collocate on these towers.

 

Tom Broughton stated that the cell tower in Loganville denied access to the fire department.  Concerns over health.

 

Vicki Terpstra, Explained the we connection and service and that Bugtussel is a point of generation.  Some towers can go 5 miles. Bugtussel is more affordable.  People need choices and choices are good.

 

Lori McCloud, discussed coverage, no guarantee.

 

Seeing as no one else wished to appear, Chair White closed the public portion of the meeting at approximately 11:44 a.m.

 

Linda stated she was confused by the new ordinance.  She wants a map fromEMS showing holes in the coverage area.  The decision based on public need.  Asked to table for a month.  Motion by Linda, seconded by Henry to put on the next month agenda.  Dave stated a legal notice did not have to go out again.  Motion carried. 5-0.

 

E.         Steven P. Sprecher, etal, (SP-06-15)

 

Linda asked Dave how to proceed.  Dave stated they should hear this next case on its own merits.

Dave Lorenz, appeared and gave a brief history and background of the property, as well as reviewing photos and a video of the site.   He then recommended conditions to be placed on the appeal if the request were approved.   

 

Ken Franzen,  250 tower, self supporting.  185 from road, within fall zone, will be lit.  Guide wires needed if over 250 feet.

Linda asked about the base support and Ken stated a 15-20 foot footprint.

 

Henry asked if the tower will handle other equipment and Ken stated that EMS will not be charged.

 

Vicke Terstra,spoke in favor and is employed and working in the sauk county area.  Service is needed.

 

No opposition.

 

No Interst may appear.

 

Seeing no one else wished to appear, Chair White closed the public portion of the meeting at 12 noon.

 

Linda, same as last one.  Henry says can approve because the town approved.  Dan read regs and can approve without the regs.  Locals do want this tower.  Would support to approve.  Henry concerned about the local school not being served.  Henry motioned to approve, Dave seconded  with CPZ conditions.  Approved 5-0.

 

Meeting adjourned at 12:02 pm.

 

 

 

 

Respectfully submitted,

 

 

Henry Netzinger, Secretary