Town Board Meeting Minutes
8522 Park Way
June 7, 2010
7:00PM
Chairman Abe Eckstein called the Town of Winchester town board meeting to order. Present were Abe Eckstein, John Reinert, Ben Joas and Sharon Mathison. Also present was Randy Mohnen, Tim Zillges, Steve Olson, Alice Joas and Mike Nehmer.
1. May 17, 2010.
2. May 24, 2010-Special Town Board Meeting
3. June 1, 2010 Board of review.
Supervisor Joas made a motion to approve May 17, May 24 and June 1, 2010 meeting minutes. Seconded by Supervisor Reinert. Roll calls all ayes. Motion carried.
C. Financial Status.
The clerk went over the financial status of the town.
1. Randy Mohnen came before the town board wondering when his and Bill Bouras ditch problem will be taken care of.
E. Old and New Business
1. Breezewood Lane Pulverized and Pave Bids.
a. Prevailing wage rate determination.
Supervisor Joas made a motion to table Breezewood Lane bid approval to next town board meeting, seconded by Supervisor Reinert. Roll calls all ayes. Motion carried.
2. Zillges Materials request the Land Use Plan Amendment tax parcels 028-0137, 028-137-02 and 028-0138 to be included in the mineral extraction district to operate sand and gravel pit on the Duane Howard and Michael Poole properties.
Supervisor Reinert made a motion that the amendment be implemented into the town’s comprehensive plan seconded none.
Supervisor Joas made a motion to deny the Land Use Plan amendment with the findings:
a. The amendment would have a negative impact on the plan’s housing element.
1. The proposed amendment will adversely affect nearby residences because the Wisconsin DNR requires a 1,200 foot setback around non-metallic mining operations for private wells. Residential wells cannot be drilled without obtaining a variance from the DNR. The proposed extraction site would place multiple residences within this 1,200 foot setback.
Truck traffic and noise from the proposed extraction site would reduce the desirability of residing in these nearby homes.
b. The amendment would negatively impact the transportation element of the comprehensive plan. The truck route designated in the non-metallic mining operation plan would use Manu Road (a town road) from the site to Hwy 45.
Manu Road is not designed for frequent heavy truck traffic and would therefore deteriorate rapidly. Futhermore, Manu road would require frequent maintenance to keep it a safe roadway. Thus, it would be more difficult to “Adequately maintain and plow Town Roads,” a transportation element action item. (Town of Winchester Comprehensive Plan, Ch. 11, page 4)
c. The amendment would negatively impact the agricultural and natural and cultural resources plan element.
1. The location proposed in the amendment to be located in the extraction district is very close to an area identified on the Town of Winchester’s 20- Year Future Land Use Map as an Emvironmental Resource District. The close proximity of the proposed site will adversely interfere with the nearby wetlands while the site is operating, and “it is the objective of the Town of Winchester to discourage development that will interfere with important natural resources, including local rivers, wildlife habitats and wetlands.” (Town of Winchester Comprehensive Plan, Ch. 11, page 6)
2. The proposed action the amendment would allow would take approximately 10 acres out of the agricultural use when the extraction use is completed.
d. The amendment would adversely affect the land use element that has an objective: “The Town of Winchester will protect its groundwater supply and quality.” (Town of Winchester Comprehensive Plan, Ch. 11, page 10)
The economic development element also has an overall goal to “seek to prevent future contamination to groundwater, surface water, and other natural resources.” (The Town of Winchester Comprehensive Plan, Ch. 11, page 8).
According to the non-metallic operation plan for this site, material is planned to be removed to approximate depth of 10 feet below the ground water level for the proposed extraction site. This increases opportunities for surface contaminants to enter the groundwater table and thereby decrease the groundwater quality.
Seconded by Chairman Eckstein. Roll call ayes, Eckstein and Joas. Nay Reinert. Motion carried.
3. Zillges Material Conditional Use Permit on the Duane Howard and Michael Poole properties tax parcels 028-0137, 028-137-02 and 028-0138 to operate a sand and gravel pit.
Supervisor Joas made a motion to deny the Conditional Use Permit doesn’t comply to the Comprehensive Plan with findings:
a. The Town does have an adopted land use plan.
b. The request does not agree with the adopted plan.
c. The proposed non-metallic mine is outside of the area identified in the Town’s adopted comprehensive plan for non-metallic mining operations.
d. The proposal transportation route using Manu Road to Hwy 45 will lead to rapid deterioration of the town road. Manu Road is not designed to handle frequent heavy truck traffic.
e. According to the non-metallic mining operation plan for this site, material is planned to be removed to an approximate depth of 10 feet below ground water for the proposed extraction site. This increase opportunities for surface contaminants to enter the groundwater table and adversely affect groundwater quality.
f. The proposed use is not compatible with adjacent uses because multiple homes are located within a quarter-mile of the proposed extraction site.
g. The reclamation plan, which proposes creating a large pond following completion of the mining operations, is the least expensive method of reclaiming land and will remove land from future development.
Seconded by Chairman Eckstein. Roll calls all ayes. Motion carried.
Supervisor Reinert made a motion to approve the bills as read, seconded by Supervisor Joas. Roll calls all ayes. Motion carried.
Supervisor Joas made a motion to adjourn, seconded by Supervisor Reinert. Roll calls all ayes. Motion carried.
Sharon Mathison, CMC
Clerk