DATE: August 25, 2005
PRESENT: Bruce Duckworth, Chair
Halsey Sprecher, Richard Vogt, Linda White
ABSENT: Roloff (until 10:00 a.m.)
STAFF PRESENT: Gina Templin, Dave Lorenz,Steve Sorenson, Lance Gurney
OTHERS PRESENT: See individual appeal files for registration appearance slips.
Duckworth called the session of the Sauk County Board of Adjustment (BOA) to order at approximately 9:07 A.M. He 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 Sprecher, seconded by Vogt. Motion carried 4-0.
The Board adopted the agenda for the August 25, 2005, session of the Board on a Motion by Vogt, seconded by Sprecher. Motion carried 4-0.
Motion by White, seconded by Vogt to adopt the July 28, 2005 minutes. Motion carried 4-0.
COMMUNICATIONS: Duckworth spoke of the letter he received from High Blue Ranch and Sprecher spoke of the letter the board members received from Boardman, which is in the materials labeled Exhibit IV,14.
Lorenz stated he received a phone call in reference to Smith appeal and that she was an adjacent property owner and would like to see the landfill closed. Lorenz noted that the property did receive the information as an adjacent land owner.
APPEALS:
A. Susan Melum (SP-35-05) requesting a special exception permit pursuant to s.8.08(3)(a) to authorize filling and grading within 300 feet of a navigable water to remove existing building and construct a new residence.
Dave Lorenz, Environmental and Zoning Specialist, appeared and gave the history and background of the request. He then reviewed the photos and video of the site. Mr. Lorenz concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.
Vogt asked if any other buildings other than the garage are non conforming in terms of the setbacks. Lorenz referred to the survey, Exhibit II,5, showing the buildings and explained based on the information the staff has for actual dimensions.
Duckworth asked if the board has heard from the Town on this request. Lorenz stated that Exhibit II,6, the Town Acknowledgement form, but did not provide any comments.
Vogt asked about the grading requirements and the dimensions of the lot where the filling and grading requirements kick in. Lorenz explained that part of the property owners plans can be permitted by the Office, however, the rest of it would need approval from the Board.
Susan Melum, applicant, appearing in favor of the request spoke of the plans on the site and the erosion control measures that would be used.
Duckworth asked if any material would be brought onto the site. Melum stated if they need to they will. She also mentioned that they do not have a contractor yet and wanted to wait until they appeared in front of the board and then would require that person to follow the requirements.
Duckworth asked who made the conservation site plan. Melum stated that the architect designed it.
Vogt asked about the cabin and deck that is nearest to Lake Wisconsin is the one that will be removed? Melum stated that was correct and it would be completely replaced.
Mr. Richard Anderson, appearing as interest may appear, stated that he is in favor of the plans and stated that he lives next door to the property and didn't see the plans until today, but feels that they will improve the property and remove an eyesore.
Duckworth verified that Anderson is an adjacent landowner and if he felt the grading will affect his land negatively. Anderson stated he is the next door neighbor and does not feel the request will harm his land.
Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 9:30 a.m.and the Board went into deliberation.
White stated that typically she would ask an applicant to move their structure back, but with this request, doesn't feel it is necessary.
Sprecher stated he feels this request is an improvement.
Motion by Sprecher, seconded by Vogt to approve the request with the conditions listed by Planning & Zoning, modifying the deadline to 2 years. Motion carried 4-0 .
The Board recessed until 9:50 a.m. to allow for a missing board member to be present.
The Board reconvened at 10:04 with a full Board present.
B. Lawrence Smith (SP-36-05) requesting a change in administrative decision pursuant to s.7.17(3) to reverse the suspension of a special exception permit to allow the operation of a private landfill.
Duckworth explained what the request was and what anyone testifying should be concentrated on.
Dave Lorenz, Environmental and Zoning Specialist, appeared and gave the history and background of the request.
Duckworth asked about the violation that occurred during January. Lorenz stated that per the testimony of the applicant during his initial request, the landfill was suppose to be closed on holidays and Sundays.
Duckworth asked what proof the office has that dumping had occurred. Lorenz stated the office had received a call from the Town of Dellona.
Duckworth asked what happened when the office sent a letter regarding the violation. Lorenz stated that nothing was heard from the applicant after the letter was sent regarding the violation.
Mr. Jesse Leichseuring, representing the applicant, appearing in favor of the request, addressed the violation of dumping on Sunday's and holidays and stated that what occurred was breaking down of material on the ridge, no actual dumping. He also stated that Planning & Zoning indicated that Mr. Smith had the right to appeal that notice then and did not and as a result nothing was done and Mr. Smith continued to maintain things as the status quo. Leichseuring then spoke of the violation in July was that pvc pipe had been dumped and removed at the same time and no violation was determined by the DNR. He then referred to condition F of the Decision letter from the Board of Adjustment and stated that Mr. Smith had followed that condition. He also stated that there was no violation or fine accessed by any State or Federal agency.
Duckworth asked Leichseuring what is meant by the term "breaking down". Leichseuring stated that there were stumps and other material that needed to be broke down prior to being put into the landfill and that material is still sitting on the ridge and not put in the landfill.
Duckworth asked if the material was delivered on January 1 or 2. Leichseuring stated it was delivered to the property owner, but not delivered to the landfill.
White asked about how the landfill grows. Leichseuring stated that the actual part of the road that goes along the Smith property is not part of the landfill, but merely access to all of Smith's property.
Duckworth asked about the landfill being marked out and if the material is located in the marked out property for the landfill. Leichseuring stated that the material is not located within the mark out area of the landfill.
White asked how this could be outside the landfill if there are no marks showing where the actual landfill is. Leichseuring stated that you can visually see where the defined area for the landfill is.
Duckworth asked why you would have to breakdown stumps. Leichseuring stated possibly to have them decompose easier or just for easier burial.
White asked if it was Mr. Smith breaking down the stumps or a private individual. Leichseuring stated it was a private individual that was allowed to come on the property, but was not in operation. He also stated that Mr. Smith has operated the landfill for the last 25 years and has had no issues until the last year or so and has no desire to have a landfill that accepts anything but clean fill.
Duckworth asked how Mr. Smith can monitor what is dumped. Leichseuring stated that while Mr. Smith can not monitor 24 hours a day, the drivers are required to keep a log showing what they are hauling and what time they are dumping.
Duckworth stated that the material is dumped, but no one is able to watch what is dumped. Leichseuring stated that not 24 hours.
White asked if he has seen the hours of operation and supervision. Leichseuring spoke of the hours of operation listed in the plan.
Duckworth asked about the procedure that Mr. Smith uses to police for items. Leichseuring stated that he walks the ground, as well as the logs that are required to be kept by the contractors.
Duckworth asked if there are any records of items that have been removed since 2004. Leichseuring stated that only the materials found by the DNR, which were immediately removed.
Duckworth asked if the logs are present and if they show that unacceptable items were in the truck. Leichseuring stated that he does not have the logs with him and is unsure if they show the unacceptable material.
Mr. Larry Smith, appearing in favor of the request, stated that the first violation happened when he was not home and the property was rented to a private individual who brought the material to where the old hog barn was located, which is outside of the landfill.
Duckworth asked about an area that should be marked out and if the blacktop and concrete that was dumped on the 1 st and 2 nd . Smith stated that the blacktop was located on top of the landfill but the concrete was dumped outside of the landfill. Duckworth verified if the material that was delivered in January if it is located within the marked area of the landfill. Smith stated it was.
White asked if the stuff is pushed over the edge into the landfill. Smith stated that you can push it over the side. He also spoke of what would be done with the landfill that would be covered.
Vogt asked if the asphalt was to be recycled. Smith stated both the asphalt and concrete were to be recycled by the private individual.
Sprecher asked about the January violation, if it was verbal contract or a written one. Smith stated it was a verbal contract.
Duckworth asked about the acceptance of non-authorized material. Smith stated that when anyone dumps building materials or concrete he is there. When brush is hauled in he has to move it with his own machinery. If he isn't home when something is dumped, it is left on top and then he moves it into the landfill himself.
Duckworth asked about building materials, stone, concrete, etc., and how it is monitored. Smith stated that he monitors by looking through it when it is dumped or pushed over the bank and felt that pvc pipe is contractor's material and didn't understand that it was material that wasn't accepted.
Duckworth asked about Styrofoam. Smith stated he wasn't aware that it couldn't be placed in there either as he felt it was part of building materials.
Duckworth asked if he looked at the slips the trucks filled out and if the pipe was on the slip. Smith stated it wasn't but he is there and can look through the loads to see what is in there.
Roloff asked if the only way you monitor what is on a load is whatever the slips say. Smith stated that isn't correct, as he is there and can monitor the loads as they get dumped.
White asked how he keeps people from dumping on days he is not there. Smith stated he has it blocked off and the gate is locked.
Duckworth asked if the pvc pipe was dumped on a Sunday. Smith stated it was dumped on a Thursday.
White spoke of a letter from the DNR and what was found during the site visit. Smith stated he found 1 piece of pvc pipe and it was immediately removed and he did not know he couldn't put pvc pipe in the landfill.
Duane Brooks, appearing in favor of the request, stated that he is the Town Chair of Dellona and is representing the Town Board, and stated that the January issues have been covered and stated that he has several yards of that buried in his yard and the Town feels that it is excessive to consider that as revoking his permit and asked the board to reconsider it.
White asked if a small amount of material was found that was not suppose to be there, how do you balance that with him agreeing to certain things and he hasn't done them. Brooks stated that they have to make their decisions on what they actually know and as far as complaints there have only been 2 people that have been in opposition to this.
Thomas Groeneweg, appearing in opposition, stated that he feels the loads were not just loads to be crushed, but loads to be delivered to the site and doesn't feel the statement that it isn't part of the site is correct as there has never been a clearly marked site. He spoke more of the violations.
Kenneth Benzel, appearing in opposition, stated that he lives about ½ mile away from the site stated that he was home during the January dumping and could hear them and it when on for days prior to the New Years weekend and for days after the New Years weekend. He also spoke of the noise made by the trucks. He then stated that he feels there were violations in 2003.
Duckworth stated that it is outside of the area of concern must be from 2004 after the permit was granted.
Benzel stated that he agrees with the Health Dept and feels the landfill should be closed permanently.
Lance Gurney, appearing as interest may appear, spoke about some of the issues leading up to the revocation of his permit and referred to Exhibit II,2 through II,15 and the claim that his site is similar to the Sauk County landfill and spoke of the differences as the Sauk Landfill is fully licensed by the DNR, where Mr. Smith's landfill is considered an Exempt landfill by the DNR. He then reviewed the operational violations to Mr. Smith's plans. He also referenced conversations with the DNR about their findings and correspondence to Mr. Smith and his responsibility to follow the conditions of the decision letter, which he listed.
White asked if Mr. Smith brought the notifications to the attention of the Office or if the DNR notified the office. Gurney stated that the Office has been in constant communication with the DNR on this issue. He also stated that the issue is whether or not 2 violations occurred on the site within the last year and it is his determination that it has. He then spoke of the soil borings that were dug, 3 feet deep and found materials that were not considered clean fill and in lieu of item I of the conditions of the Decision letter he suspended Mr. Smith's permit.
Vogt asked about the January violation and materials being placed there for recycling purposes and some was within the footprint of the dumpsite area and some was not, so is he required to have a permit to run such a recycling operation and does he have one. Gurney stated he does need a permit and does not have one. He also stated that recycling at this site is to recycle and then dump, no for reuse and to recycle materials, the property is not zoned properly. Gurney also stated that the Office had spoke to the individual that dumped the material and he was aware that the property was not zoned to do what he was asking for.
Vogt asked what his opinion was in terms of staking out the site, the security of the site as far as gates, which was stated in the plans and if it has been accomplished. Gurney stated that he feels the site is not clearly designated and doesn't feel the property is secured and properly monitored.
Steve Sorenson, appearing as interest may appear, stated that he was the staff person site when the test pits were dug with a backhoe in 3 very different areas roughly 18 inches to 4 feet deep, the north pit was found a small piece of pink insulation, the center pit was clean and on the south pit an electrical box with wires were found and small inch size piece of pvc pipe. He also stated that Smith was notified what was not acceptable and he immediately removed that material.
Roloff asked what the dimension of the holes were. Sorenson stated that about 18-20 inches wide, capable of digging 10 feet deep, but could only go as far as he could prior to hitting rock and or concrete.
Roloff asked the pits were roughly about a square yard. Sorenson described.
White asked when the material may have been dumped, if it was in the timeframe of the permit or prior to it. Sorenson stated he felt the material was dumped after the initial Board of Adjustment hearing and was right in the area that was actively being dumped into.
Seeing as no one else wished to appear, Duckworth closed the public portion of the hearing at 11:00 a.m.
Duckworth stated he felt is was clear that items were dumped on a holiday and on a Sunday and the permit states it is an exclusive permit to Mr. Smith and is a clear violation and the fact that the permit clearly states the items that can be dumped in condition "F" of the Decision Letter. There were materials found not on that list.
White suggested that Mr. Smith apply for something that more accurately fits what his business is. She also referred to the letter that was received by Mr. Smith that stated what would be allowed.
Vogt also spoke of renting part of the property to a private individual that was dumping that was a violation because the person who was renting is still bound by the condition of the property and permit.
White noted that the permit is exclusively for Mr. Smith, not a renter.
Sprecher stated that what they are here for is to make decision on the Planning & Zoning decision, however Mr. Smith has the right to come back and apply for a new permit.
Motion by Duckworth, seconded by Roloff, to uphold the Directors decision to suspend the permit. Motion carried 5-0.
The Board adjourned at 11:10 a.m.
Respectfully submitted,
Halsey Sprecher
Secretary