Board of Adjustment Meeting Minutes


DATE: October 27, 2005

PRESENT: Bruce Duckworth, Chair; Robert Roloff, Vice Chair; Halsey Sprecher; Richard Vogt

ABSENT: Linda White

STAFF PRESENT: Gina Templin, Dave Lorenz

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 9:03 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 October 27, 2005, session of the Board on a Motion by Roloff, seconded by Vogt.
Motion carried 4-0.

Motion by Vogt, seconded by Roloff to adopt the September 22, 2005 minutes.
Motion carried 4-0.

COMMUNICATIONS:

Duckworth spoke of proposed dates in 2006. Motion by Sprecher, seconded by Roloff to approve the meeting dates for 2006.
Motion carried 4-0.

APPEALS:

A. Lawrence Smith (SP-42-05) requesting a special exception permit pursuant to s.7.05(2)(k)10 to authorize the operation of a private landfill site.

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.

Duckworth asked what the prior violations were. Lorenz explained that having materials dumped on a holiday weekend and on a Sunday, whereas the original permit did not include these times and the second violation was that there were materials found to not be in compliance with the materials listed on the original permit.

Mr. Lawrence Smith, applicant, appearing in favor of the request, stated that this is the only way he makes a living and losing the permit the last 5 months created a financial hardship on him. He spoke of removing the pvc pipe in the 30 days as stated in his conditions. He then stated that he will be running his operation 7 days week, which is a change from the original permit, to allow for working people to be able to use the landfill. He also said that he reuses material from the landfill to create furniture and decorations, that people will have to call before they can dump and he has a locked gate that will have to be opened for people to dump. He feels that because there is no hazardous materials, there is no smell that comes from the landfill.

Duckworth asked how he will verify what they are dumping. Smith stated that he will be right there to see what is dumped. Duckworth confirmed that no one will be able to dump without him being present. Smith stated that is correct, he will be onsite while dumping is taking place.

Duckworth asked if he has taken any courses in identification of hazardous materials or in running a landfill. Smith stated he has not.

Duckworth asked Smith to explain Exhibit II,3, letter G. Smith stated that the DNR will be the ones to inspect and determine if it is hazardous material.

Duckworth asked if the DNR has agreed to this. Smith stated he hasn't talked to the DNR about this, but has spoken to Barb (the previous DNR inspector) and she has agreed to it.

Duckworth asked if he has spoken to the Town Board about the request. Smith said he has and the Town does not want to be involved in it.

Roloff asked about the notification of dumping and if delivery of multiple loads by same contractor only 1 slip needs to be filled out. Smith explained that it will save the contractor time and can put all the loads onto 1 slip, instead of different slips each time. Roloff stated he feels that defeats the purpose. Smith stated he would be willing to change that.

Duckworth asked how this landfill would be compatible with the surrounding land uses. Smith stated because all the neighbors get to use it to dump materials or reuse materials that have been dumped. He also stated that he keeps the area clean and does not look like a junkyard.

Roloff asked about the Township. Smith explained that the Town did not want to have any involvement in this request.

Roloff asked about the Sauk County Waste Management Plan and if this landfill would conform to the plan. Smith stated he is somewhat aware of it and feels it does conform. Roloff asked him to explain how. Smith stated that everything is clean and covered, load slips are filled out.

Sprecher asked how many entrances there are into the landfill. Smith said he has 2, one at the house driveway and one at the other side. Sprecher asked if both entrances have a gate. Smith stated the other driveway has a gate, but there is not one at the house. He also explained that the gentleman who dumped during closed hours was a person he leased the property to.

Roloff asked if he leases land outside of the landfill for people to store building materials on. Smith stated he does.

Duckworth asked what kind of assurances he can give the board that shows he will do better with the conditions that are set this time than he did last time. Smith stated that he understands what he can and can't take and has changed the hours of operation to 7 days a week. He also stated that he has lost money this year already from being closed, that this won't happen again.

Duckworth asked if he would set a bond. Smith stated he wasn't sure why he needed it. Duckworth asked if he was not willing to get a bond or some kind of financial assurance on the property. Smith stated he didn't say he wasn't willing to get a bond, just was considering the finances of one.

Mr. Darrell Busch, appearing in favor, stated he was a contractor for several years and still does work on the side and if it wouldn't have been for Larry it would have cost him $50+ to haul somewhere else so now it just lays around and causes other issues. He also stated he's been near Larry since 1968 and does not see where anyone could consider it an eyesore and runs a clean place, you can't see it or smell anything and doesn't feel there is any reason he shouldn't be allowed to have his landfill.

Mr. Daniel Hunt, appearing in favor of the request, stated that the property is not an eyesore and spoke of how he would satisfy the permit that he hasn't yet, and felt that the two violations that were found previously were operations on a Sunday, which would be taken care by the new hours of operation, and the pvc pipe, which was immediately removed, but can keep the gate locked. He also reminded the board that he will be watched by the neighbors very closely as well. He stated that it keeps the locals from having to just dump their debris anyway and allows people to purchase raw materials as well.

Mr. Tom Groeneweg, appearing in opposition, stated that he represents Shirley Stevens who is a neighbor to the landfill and that there is concern for Mr. Smith's failure to mark the site, his lack of management and control which was a problem in the past and have no confidence in him being able to comply. He also stated his concern in knowing what will be dumped at the site and spoke of a letter that Joe Lally wrote to the board dated April of 2005.

Duckworth asked how this project is compatible with surrounding land uses. Groeneweg stated he doesn't see any compatibility and feels it has destroyed the quality of life for all the neighbors.

Mr. Ken Benzel, appearing in opposition, stated he is concerned with the poor management.

Duckworth asked if the Town has a town policy on this. Benzel stated he is unsure.

Ms. Shirley Stevens, appearing in opposition, stated she is concerned with his lack of management skills and the possibility of pollution.

Mr. Robert Giebel, Jr., appearing in opposition, stated that he is representing himself and not the Town of Dellona and he is in opposition of the way it is being operated, but the Town needs the resource. He also feels that Mr. Smith should have some kind of course to assist in running the landfill and feels that 6 days a week is enough, and 7 is not needed. He reinforced that the town needs this kind of operation.

Duckworth asked if the Town has a land use plan. Giebel stated that they are working on a plan right now, but he is not speaking for the Board.

Ms. Georgine Willamark, appearing as interest may appear, stated that she knows Mr. Benzel and Mr. Smith and spoke of Mr. Benzel being a new resident where Mr. Smith is a life-long resident, and Mr. Benzel has always had a problem with Mr. Smith and drug a lot of other people into his issues. She also stated that Mr. Benzel was well aware of the landfill when he moved in and still move there. She spoke of the noise of dogs, kids, teenagers, etc., the noises of the neighborhood. She then spoke of water pollution, new homes with new wells and people can't move into the new homes unless the wells are good, and they are still moving in. She also state that the Sauk County Landfill could not guarantee that one load was not toxic or contained hazardous materials and the don't check every load. She then spoke of the land town board meeting that Mr. Benzel made sure a press reporter was at the last meeting and appears that Mr. Benzel needs a little more attention to get his gripes across to other residents. She also stated that Mr. Smith has no problem with all of his other neighbors.

Duckworth asked about being on the land use committee and if there is a policy in use now. Willamark stated that it is tentatively in use now. Duckworth asked how this permit would fit into the current land use policy. Willamark stated it was grandfathered in and accepted in their land use plan. Duckworth asked if this site was recognized or landfills itself. Willamark stated it was left open to interpretation by the Town Board.

Duckworth asked if she has been at a town board where they interpreted it anyway. Willamark stated that they would never take any stance and would rather have someone else take care of it.

Roloff asked if she was a member of the Town Board. Willamark stated she is not.

Larry Smith, reappearing in favor, spoke of the noise, as well as other neighbors using the property to ride horses, etc.

Duckworth asked Smith to talk about the landfill request. Smith reminded the board that he needs the landfill to make a living and he was there first, all the development happened around him long after the landfill was there.

Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 10:09 a.m. and the Board went into deliberation.

Duckworth stated he finds it interesting that the Town won't provide an opinion.

Vogt stated that he has a problem with the applicant being able to demonstrate that he can take the steps necessary to assure that his operation will be run clean and the fact that he doesn't know what bonding is or why he would need it. He also spoke of the letter written by Joe Lally, Sauk County Public Health, Mr. Smiths lack of training in hazardous materials and there is not a plan for management and doesn't feel that it has been proven that the applicant can run a clean operation. He also suggests that if Mr. Smith wants to do this, he hire someone or a firm to make sure the setup follows Sauk County rules.

Motion by Roloff, seconded by Vogt to deny the request, as Mr. Smith has not shown how this request would be compatible with surrounding land uses and does not feel that he has proven this is consistent with town land use policies and how this would conform to Sauk County Waste Management plan, as well as the poor management track record.

Sprecher stated he feels the board is moving too fast to deny and that they aren't sure that there is something out there as classes and feels the board should possibly postpone and make the applicant aware of what is needed.

Duckworth stated he feels the board bent over backwards the last time to allow him to do this and provided him with a series of conditions, which he didn't follow. He also spoke of the Town not speaking about the request and feels the application is very incomplete and the prior operation of the landfill indicates that it will be done the way he wants it to be done, rather than how they say it should be done. He can't support this request as it does not seem to be compatible with the neighboring land uses.

Sprecher spoke of postponing until the Town does have a land use policy and until they can make a recommendation to the Board.

Vogt stated he agrees with Sprecher in postponing and could withdraw his second to the motion if Mr. Smith could come back with a good plan addressing all concerns, some kind of stance from the Town Board and that it may satisfy the neighbors.

Duckworth stated he doesn't feel delaying it for a better plan will solve the issue of Mr. Smith not following the plans and is aware that Planning & Zoning had explained it to the applicant about the violations prior to them happening and they happened anyway.
Motion carried 3-1, with Sprecher in opposition .

A. Linda Szwaya, Todd Denman, Agent (SP-43-05) requesting a special exception permit pursuant to s.8.08(3)(a)3 to authorize filling and grading on slopes of more than 20% in order to construct retaining walls for an existing 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.

Chair Duckworth called for a 3 minute recess.

The Board reconvened.

Mr. Todd Denman, agent for the applicant, appearing in favor of the request, stated that they will come in on the east side of the house, remove a couple trees and dump sand and push the sand in there to make it flat, compact it and then start building the walls. The first wall will be approximately 5-6 feet tall.

Duckworth stated that the fill will be brought in from off site and if the 196 feet from the water is to where? Denman stated the fill will be brought in from off site and the 196 feet is from the water to the wall. The silt fence will be about 10 feet closer to the water to help keep the material contained.

Vogt asked what the purpose of the wall is. Denman stated that the back of the house is eroding and the fill is not staying where it should be and that needs to be fixed.

Duckworth asked if he has built a wall on land this steep. Denman stated he has.

Roloff asked what the slope is. Denman stated he feels is a 1 to 1 slope.

Duckworth asked about the first wall being under the deck. Denman stated it will not be under the deck, but 2-3 feet in front of that, because it is tapered and will come to the post of the deck. He then explained the materials to be used and the second wall being used to help make the property more usable.

Vogt asked what the distance from the top of the wall to the second wall. Denman stated the area would be about 10-15 feet wide.

Roloff asked about you anchor a retaining wall to keep it all from going down the hill.
Denman explained how they will stabilize the ground and the wall.

Sprecher asked how large of boulders you would use. Denman stated the bottom ones will be about 3 feet around. Sprecher asked about using equipment. Denman explained how they would use the equipment.

Roloff asked if he has done anything like this on Lake Redstone. Denman spoke of other projects he has done around Lake Redstone.

Seeing as no one else wished to appear, Duckworth closed the public portion of the hearing at 10:40 a.m.

Motion by Sprecher, seconded by Vogt, to grant the special exception permit with the conditions listed by the Planning and Zoning Department.
Motion carried 5-0.

B. Ron Mellenthin (SP-44-05) requesting a special exception permit pursuant to s.7.05B(2)(b)3 to allow the construction of a pond within 300 feet of a property line.

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.

Duckworth asked what is located on the downhill side of the property. Lorenz stated that there are not any residences located to the east for a long ways.

Vogt asked if this is a natural depression. Lorenz stated that it is kind of a pocket and the water probably drains down into the wooded area, but there is no evidence of a bank when he was onsite.

Mr. Ron Mellenthin, applicant, appearing in favor of the request, stated it would be a wildlife pond for aesthetics and for raising fish and would be for their own personal recreation. He also stated that it is a hay field, but the pond would be located on the edge of the hayfield and would help with erosion, especially in the spring time or during heavy rains.

Duckworth asked if the pond is designed by someone or if they are doing it themselves. Mellenthin stated he has talked to someone about designing it and will have someone else do the excavation of the pond.

Duckworth asked if he has spoken to the Town. Mellenthin stated he doesn't have anything from the Town stating whether or not they are in favor of this.

Roloff asked about a berm and an outlet. Mellenthin stated that he would put in a culvert for an outlet and build a berm.

Vogt asked how deep it will be. Mellenthin stated on the one end it would be about 10-12 feet deep.

Roloff asked about engineering being done. Mellenthin stated he has not had any done. Roloff asked about the culvert and what kinds of provisions will be taken to cut down on erosion. Mellenthin stated that it will run over rocks.

Vogt asked if any investigation of water tables have been done. Mellenthin stated he has not. Vogt asked if he is going to rely on surface runoff to fill the pond. Mellenthin stated that was correct.

Roloff asked if the material to be used for the berm would come out of the pond. Mellenthin stated that was correct.

Vogt asked how big of an area drains into the swale. Mellenthin stated that it's a big area.

The board continued to discuss the engineering and water flow, as well as surrounding land owners and flooding.

Vogt stated that the DNR doesn't require engineering on this.

Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 11:00 a.m. and the Board went into deliberation.

Motion by Duckworth, seconded by Roloff to approve the request with the conditions listed by Planning & Zoning, because there is no harm to public safety or the neighbors.
Motion carried 4-0
.

The Board adjourned at 11:05 a.m.

Respectfully submitted: Halsey Sprecher, Secretary