Planning Commission Meeting Minutes 2013
 

TOWN OF CLYMAN PLAN COMMISSION
REGULAR MONTHLY MEETING
OCTOBER 1, 2013 Immediately Following Public Hearing
TOWN OF CLYMAN HALL


1. Call to order
2. Pledge of Allegiance
3. Discussion and possible action regarding letter of intent for a land split in the name of Caine Transfer also known as Tax ID# 012-1015-1844-000, located at W7342 State Road 16/60, or E 5/8 of S1/2 of SE ¼ Sec 18 EX HY DWSC IN V1365 P209, Town of Clyman, Dodge County
4. Discussion and possible action regarding letter of intent for a land spilt in the name of Ellery W. Klatt Jr, Sandra A. Ebert, Arlene E. Bauer also known as Tax ID#012-1015-0612-000, 012-1015-0621-000, 012-1015-0621-001, 012-1015-0622-000, located at W7530 County Road KW, or That PT NW ¼ SEC 6 LYG WLY of CTH KW HWY (complete description available upon request), Town of Clyman, Dodge County
5. Discussion and possible action regarding Plan Commission member Pat Mueller’s intentions as a Plan Commission Member
6. Discussion and possible action regarding Zoning Consultant’s proposal for amendments to the 2030 Comprehensive plan to include his fee
7. Discussion and possible action regarding proposed Subdivision Ordinance
8. Discussion and possible action regarding an annual review
9. Citizen Comment
10. Next Meeting Date
11. Adjourn
Posted: 9/29/13
By: Chris Spilker

 

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TOWN OF CLYMAN
PLAN COMMISSION MEETING
January 15, 2013 @ 7:30 pm

Conditional Use Permit Application to operate a non-commercial quarry for base aggregates on the Tracy Bros. LLC. property for the upcoming Wisconsin Department of Transportation project on STH 26 and STH 60 over the next 3 to 4 years.

Acting Chair Mike Mclay called the regular monthly meeting to order at 7:34 pm. The pledge of allegiance was recited. (Chairman Pat Morrison arrived at 7:41 pm)

Scott Hermann, Matt Mashuda, and Tom Dobberthein from Mashuda were present to discuss the CUP application. They explained that they are planning on bidding for the Hwy 26 expansion project. They are looking to obtain a CUP for a non-commercial quarry on the Tracy Bros. LLC property located on Biwer Road to put with their bid.

It was explained by Mashuda representatives that there will be 3 phases to the expansion project in the Clyman area. The first phase the DOT will be awarding is on February 12th The second phase will be awarded on March 12th and the 3rd phase will be awarded in August. The first phase will be for the expansion of Hwy 26 from Hwy Q to Hwy J. The second phase will be for the temporary road from Hwy 26 to Hwy 60. The third phase will be from Hwy J to Hwy 60.

Mashuda representatives openly discussed the CUP application with the Plan Commission. They would be proposing a quarry to be approximately 10 acres. It will be located outside the wetlands of the Tracy property on Biwer road. 6 acres would be considered for the actual quarry. The rest would be used for temporary stock piling. The quarry would be 40-50ft deep once completed.

The process of picking the site was ideal because it only had 4 to 10 feet of dirt before they hit rock and it was also located in a prime location right next to the road. This was the shallowest spot out of approximately 8 spots that were checked in that area on different land owner sites.

Mashuda representative Scott Hermann read through the CUP application verbally with the Plan Commission. Question from Plan Commission member Mike Mclay regarding if there was a need to dig for water. Scott confirmed that they do not need to dig for water. The area of interest will have water pumped out into the nearby ditch following all DNR regulations. An ECIP will be submitted to the DOT and the DNR.

Scott confirmed the site will have orange safety fence surrounding the quarry. It was also confirmed that fuel will be tanked in daily and not left on site. It was noted that Mashuda’s plans show the quarry project is 50 feet off the right of way and 25 feet off the property line which meets Clyman’s zoning requirements.

Scott explained they will leave equipment on site but it will be staged next to the quarry in the allowable land as discussed above.

A silt fence will be put around the quarry. A berm will also be put around the quarry. It was also explained that top soil, seed, and mulch will run around the quarry to maintain runoff into the quarry.
They explained they will have a fulltime water truck to maintain the roads and control the dust. They will use the new roadbed and create a driveway to the site for hauling.

It was explained that during blasting the contractors will notify the residents within 2500 feet of blasting site. A siren will also be sounded when blasting takes place.

They explained in the blasting that there will be a number millisecond blasts rather than one big blast. It was also noted in the CUP that they will be testing all wells in a 2500 feet range. Discussion was held about testing the wells before and after the project is complete.

Question regarding if the quarry will be filled once completed. It was noted by Masuda it will naturally fill with water.

It was explained that reclamations of the site will have to be satisfied between the landowners, the DOT, and the Contractor after completion of the project.

Question from the audience regarding quarry water flowing right into the ground water table through the cracks in the rock.

Chairman Pat Morrison explained that the last proposal of a quarry presented to the Town of Clyman was when he learned that expression of water comes in many different forms including quarries and ponds.

Question from audience again about the contamination of the water table when the quarry water runs right into the water table without filtration. It was explained the surrounding wells have a potential of becoming contaminated. The Plan Commission members held discussion and also expressed their concern with contamination of the water stream and surrounding wells.

Mashuda representatives explained that when talking with the DNR it was explained to them that due to the large farming land surrounding the property if the water was to become contaminated it would likely be because of pesticides or fertilizer.

Plan Commission member Chris Spilker questioned the Town’s responsibility to monitoring the quarry once completed. She was concerned about the cost the town would have in monitoring of the quarry.

Chairman Pat Morrison handed out an overview of non-metallic mining in Wisconsin that he printed from the DNR website. Pat explained that while this is all covered under NR135 there are exceptions because it’s a DOT project that makes some details exempt.

Chairman Pat Morrison further explained he realizes that there are certain sections already covered under state statue however more research will need to be completed regarding the local level responsibilities because the town would want to regulate the quarry in a logical manner if approved.

Mashuda is willing to assist in the process and Chairman Pat Morrison requested that all correspondence from the Plan Commission and Mashuda go to Chris Spilker-Town Clerk to be forwarded accordingly.

Chairman Pat Morrison/Pat Mueller made motion to schedule the public hearing meeting for February 5th at 7:30 pm.

CITIZEN COMMENT – None

Mike/Sandy made motion to adjourn at 8:44pm.

Respectfully Submitted,

Chris Spilker
Town of Clyman Clerk

______________________________________________________________________

PUBLIC HEARING AND MEETING NOTICE
TOWN OF CLYMAN – DODGE COUNTY
PLAN COMMISSION MEETING

Pursuant to the requirements of Section 19.84, Wis. Stats., notice is hereby given of a hearing of the Town of Clyman Plan Commission. This hearing will be held on Tuesday, February 5, 2013 at 7:30 PM at the Clyman Town Hall, 735 Main Street, Clyman, Wisconsin.
The purpose of this hearing will be to consider the following:

Letter of Intent regarding a Conditional Use Permit Application to operate a non-commercial quarry for base aggregates on the Tracy Bros. LLC. Property for the upcoming Wisconsin Department of Transportation project on STH 26 and STH 60 over the next 3 to 4 years.
Requests from person(s) with disabilities who need assistance to participate in this meeting or hearing should be made to the Plan Commission Clerk at 262-224-3651 with as much advance notice as possible.
POSTED: Tuesday, January 22. 2012
by: Chris Spilker – Plan Commission Clerk

____________________________________________________________________

TOWN OF CLYMAN
PLAN COMMISSION MEETING – PUBLIC HEARING
February 5, 2013 @ 7:30 pm

Conditional Use Permit Application to operate a non-commercial quarry for base aggregates on the Tracy Bros. LLC. property for the upcoming Wisconsin Department of Transportation project on STH 26 and STH 60 over the next 3 to 4 years.

The public hearing was called to order by acting Chairman Mike McLay at 7:49pm. Chairman Pat Morrison arrived at 7:50 pm.

Charlie Zimmermann – He was concerned about the ground water. He felt the air born pollutants from two major highways will go into the water and into the water table. He expressed his thoughts about the quarries all around that could supply all the rock the project would need. He also asked for a poll of the audience who is in favor of the quarry. Pat Morrison expressed that this is a public hearing and Charlie could poll the audience at any time. However, the audience asked did not participate in the poll when Charlie asked them for a poll in favor of the quarry. He also wanted to know if Mashuda does not receive the bid how the town can issue a CUP in their name. Pat explained that the CUP goes with the land and therefore in the name of the landowner. He further stated that depending on the language of the CUP it could only be used by Tracy’s with Mashuda as Agent. Mashuda requested the plan could be worded Tracy’s CUP with Mashuda as representatives. Charlie questioned if the rock is suitable for the DOT project. Mashuda explained they do not have the results from the tests at this time.

Charlie also questioned who will be responsible for the maintenance of the quarry. Pat Morrison explained the landowner would be responsible.

Clarence Calies– He was wondering where the quarry would be located. Clarence Calies was shown by Representative Scott Hermann of Mashuda where the quarry would be located. Clarence questioned the effects this quarry will have on Dead Creek.

Judy Holl – Questioned the size of the quarry. Scott Hermann of Mashuda explained that the quarry would be about 5 to 6 acres wide with 3 acres of stockpile. He further stated the quarry would be about 3 to 4 acres of shallow pond and have 6 to 7 acres that would be the deep part of the quarry. Judy explained that her well is 160 foot well and she asked Mashuda if they have ever had a well run dry when doing work located in an area close to a private well. Mashuda explained they have not run into that issue even with a property only 400 feet away. They have never had a well issue and they further stated they have not had to re-dig a well due to a quarry they contracted.

Judy explained that the beavers filled the dam and the railroad company needs to replace the culvert to assist in the water flow. Currently the culvert is under the silt. Mashuda explained that if they are the successful bidder they would contact the railroad because they need to work with them anyway for the project and would mention the culvert issue on the Holl property.

Mark Holl – He questioned if the quarry would dry up the land he farms near the site. Pat explained that water in that area is very close to the surface. Mike Mclay explained that in talking with the DNR that when pumping out of the quarry the water table for the surrounding wells may be effected due to the fact that when you dig water will naturally run towards the hole.

Scott Hermann from Mashuda - He explained that he talked with the geologists from Madison and he understands that the water in this area heads down to the east. As he draws water into the quarry the water will run through the rock and head towards the east naturally.

He further stated that he did a study of hauling rock and a seven mile haul from an existing quarry would be approximately 14 trucks a day with an estimate of 1.75 trips per hour. That would be 245 truckloads in a day on the local Highway’s in the area. Scott explained in doing the math approximately 30,000+ truck loads would be needed from the start to completion of the project.

Rick Craemer – Questioned the effect this quarry will have on low land farmland in the town. He explained he has low land off of Hwy M and Hwy 60 and explains that the water runs north in that area into Dead Creek right into his farmland. Mashuda explained that while Clyman may have flat land moving towards Lake Sinnissippi it is there experience that they did not have any issues of water flowing over the ditches and they don’t expect to have any issues with flooding surrounding farmlands in the town if they pump water into the ditches out of the quarry.

Steve Caine – He expressed why it is being considered a non-commercial quarry when Mashuda will be selling rock. Mashuda explained that the project is not being sold to any other vendors. Wisconsin State Statutes NR 135 defines it as a non-commercial quarry due to the nature of it being used for the DOT project. However, Steve questioned if Mashuda does not get the bid than the town is considering it as a commercial quarry because than the landowner is contracting with one company to sell the rock to another company.

Mashuda Representatives - explained that the water pumped would not be constant. They did test the area of the quarry site and in the example they made a four feet wide by 6 feet deep hole and left it open for a couple of hours and it did have some water but did not fill to the top. While Mashuda did not feel that flooding anyone in the natural water flow would be an issue they still explained they would look into a pumping system to avoid flooding anyone if it is needed. Mashuda explained that they would be willing to stipulate in the CUP how to avoid flooding any landowners if they have a flooding issue due to the quarry.

Randy Nehls – Expressed his thoughts that the culvert underneath the railroad is not deep enough for the water to move. Randy also explained that where the wells are located in adjacent to the quarry should not dry up as he understood there is only a one foot a drop between Clyman and Lake Sinnissippi. He further stated he would like to see Robert Tracy Jr. come to the meetings as he is the person applying for the CUP. He felt Mr. Tracy could appear and answer some of the people’s concerns.

Pat Morrison – Explained that the town does have some jurisdiction over this project. While the DOT project is exempt from some of the regulations the DNR explains that there is a liason between the DNR and the DOT. The regulations are the same and still apply to the DOT. Clean water has to be maintained.

Mike Mclay – Question when the quarry is completed what it will look like. It was explained there will be a berm around the quarry and rock walls will be in the quarry.

Pat asked for any other comments from the public and there was none.

Pat\Sandy made motion to adjourn the public hearing section at 8:36 pm. Motion carried.


TOWN OF CLYMAN
PLAN COMMISSION MEETING
February 5, 2013 Immediately Following Public Hearing

BOARD ATTENDANCE: Chairman Pat Morrison, Mike Mclay, Sandy Thoma, and Chris Spilker

Pat explained the he talked with Eric Haggelund who is the Liaison for the DOT project with the DNR. He read an email date 2/1/13 aloud. (This email is available to the public by contacting the town clerk and completing an open records request)

Pat also read an email between Eric and himself again dated 2/4/13.

Eric explained that he was aware of the project and will be discussing the Plan Commission’s concerns further with the DOT and contacting Pat in the next week.

Sandy questioned if Mashuda has contacted Dodge County. Masuda explained they did contact Dodge County and due to Clyman having local zoning it is required Mashuda work with the Town for a CUP.

Pat explained that we have the permitting of the CUP but the reclamation of the station would be through Dodge County.

Chris Spilker questioned the CUP currently on file with Tracy’s brothers and the issues with regards to that current CUP. She further explained that the Plan Commission make the decision to first decide the town should create a CUP for Robert Tracy Jr. a/k/a Tracy Brother’s.

Pat Morrison explained that the Town Board would make that decision and that the Plan Commission is an advisory board to the town board to create a CUP compliant with the zoning ordinances. From there the Town Board would make the decision to approve or deny the CUP based on all factors presented.

Pat made a motion to move forward with the letter of intent of the CUP application for Robert Tracy Jr. a/k/a Tracy Brothers.

A vote was called and 3 to 1 it was approved to continue with the process of the letter of intent for the CUP application for Robert Tracy Jr. a/k/a Tracy Brothers. Motion carried.

The Plan Commission scheduled the next special meetings for:

Wednesday. February 20, 2013 @ 7pm
Tuesday, March 5, 2013 @ 7pm
Monday, March 12, 2013 @ 6:30 pm

Citizen Comment – None

Pat/Mike made a motion to adjourn at 9:44 pm. Motion carried.

Respectfully Submitted,

Chris Spilker
Plan Commission Clerk

___________________________________________________________________

TOWN OF CLYMAN
PLAN COMMISSION MEETING
February 20, 2013 @ 7:00 pm

BOARD ATTENDANCE: Mike McLay, Sandy Thoma, Chris Spilker, (Chairman Pat Morrison arrived at 7:16 pm)

The meeting was called to order by Mike McLay at 7:03 pm. The Pledge of Allegiance was recited.

Conditional Use Permit Application to operate a non-commercial quarry for base aggregates on the Tracy Bros. LLC. property for the upcoming Wisconsin Department of Transportation project on STH 26 and STH 60 over the next 3 to 4 years.

Sandy questioned if the quarry operation of extracting water into the culvert could flood the fields in low lands on Hwy M including Dead Creek. Mashuda stated that in that case they would cease pumping operations if the quarry project was the result of flooding of a field in the area.

Mike questioned what is considered hydric soils. It was explained that hydric soils are lands that do have water in the area.

Mike questioned the zoning requirements on page 29 (sec 6) having minimum requirements. It was explained that because this is a non-commercial quarry and it is a DOT project they are exempt from the restrictions. Pat said he would double check with representatives from the DOT he is in contact with to confirm for the next meeting. Mike questioned who would be operating the Quarry. Mashuda explained that they would be managing the quarry.

Mashuda confirmed that they were awarded the 1st phase of the project. The second phase is next month, and the 3rd phase is November not August as quoted at the last meeting. Sandy questioned what happens if Mashuda does not receive the bids for the other projects. In the event Mashuda does not receive the bid they confirmed they would sell the gravel to the awarded contractor to be used for the DOT project only.

Pat explained that Wendy Braun is the DOT representative he is working with. He also confirmed Laura from DNR does the storm water permit. He explained that she stated to him that if no wet land is present no additional permits are required. Pat provided a map explaining that the DNR needs to confirm the area to decide if it is in wetland. Non – metallic mining applies for the site as of now with regards to the proper permits to get but it may change once the DNR reviews the area of interest. Pat explained that because the landowner and Mashuda cannot confirm what permits are currently required by the DNR it is premature for the Plan Commission to make conditions and put restrictions that mimic what the permits may also require.

Scott from Mashuda explained that the CUP is necessary to proceed forward because with the DNR and the DOT for the proper permits. Pat explained that the town is in a difficult position because if the DNR and the DOT are relying on the Town for a CUP the town’s position was to follow the state statues & zoning guidelines that would also be issued with the State & DNR’s permits.

1. Mike expressed that he would expect a bond or an assurance to test the wells in years to come. Mashuda is willing to expand the range to 2500 feet as stated last month for testing the wells in the area. The state only requires 1200 feet surrounding the area be tested.

2. Mike also expressed that he would like the CUP to be created with Mashuda as the only representative for Tracy’s for the project. Mashuda agreed they would also like it also listed as a condition.

Question about when they would begin work on the quarry. Mashuda explained that May 1st is when they would like to begin the project.

3. Pat explained he would like all work performed be applicable to state/federal/county & local statutes and required permits.

4. Pat expressed he would like the town be provided copies all required permits.

5. Pat further expressed the town reserves the right to act on violations of said permits even if the other authorities and other governing bodies decide otherwise.

6. Mashuda confirmed the wells will be tested within 2500 feet radius with a copy of the test procedure be provided to the town. (Extended by Mashuda the state requires only 1200 feet).

7. The wells will be tested before the project and one year after and provide copies of tests to the town.

Pat questioned if the water will be tested in the quarry.

8. He explained he would like the test of the water prior to the project of the quarry.

9. Mashuda explained that they could take a test water quality within the 1st phase of construction and again in 3 to 4 years at end of reclamation.

10. Mike expressed a copy of the reclamation plan prior to approval with the DOT be provided to the Town.

11. Pat expressed he would like higher berms for the town requirement and the DOT may not require higher berms. It was discussed raising the level from 3 feet to 4 to 6 feet around the quarry.

12. Mashuda explained that the DOT will provide right away fencing along the highway.

13. Mashuda explained that the landowner agreed to a dry hydrant with the understanding they will be released from accidents or injuries while utilizing the quarry for said operation of a dry hydrant.

14. Pat explained the dry hydrant is for the use of the Town of Clyman Fire Department only.

15. Mike expressed concern once Mashuda completes the project that there will not be any more non – metallic mining continuing. This would include blasting and crushing and be limited to the projects 1390-04-96 in February 2013; 1390 -04- 81 in March 2013; and 1390-04-82 in November 2013.
16. Chris expressed the town be provided with insurance certificates and certifications of the subcontractors hired to do the quarry part of the project.

17. Chris expressed the town reserves the right to retrieve test samples at any time within the quarry confines on the basis that if the tests prove any levels of contamination the property owner will be responsible for the cost of cleaning up the contamination.

18. Chris expressed the town reserves the right to hire their own agent to do onsite inspections. If a violation is found than the CUP landowner would be held responsible for the costs relating to the violation.

19. Chris expressed the town clerk would like to be notified in the event of an accident within 48 hours.

20. Pat expressed the town clerk be copied in on any DNR/DOT correspondence regarding any violation.

21. The town will contact Mashuda in the event a landowner is flooding and the Quarry is the main cause of the flooding and Mashuda will cease pumping operations until the flooding has subsided.

22. A yearly review of the CUP will be performed and the town reserves the right to modify if necessary at the annual review.

Pat/Mike made a motion for the clerk to send to town attorney for final review. Motion carried.

Mashuda requested a special town board meeting on the 5th of March after the Plan Commission meeting. The clerk will talk with the members of the town board and report back to Scott from Mashuda.

Pat/Sandy made a motion to adjourn at 8:55 pm.

Respectfully submitted,

Chris Spilker
Town Clerk

______________________________________________________________

TOWN OF CLYMAN PLAN COMMISSION
March 7, 2013 @ 7:00 pm
REGULAR MONTHLY MEETING
TOWN OF CLYMAN HALL

1. Call to order
2. Pledge of Allegiance
3. Discussion and possible action regarding Conditional Use Permit Application to operate a non-commercial quarry for base aggregates on the Tracy Bros. LLC. Property for the upcoming Wisconsin Department of Transportation project on STH 26 and STH 60 over the next 3 to 4 years.
4. Discussion and possible action regarding Conditional Use Permit Application to operate a nursery and also sell homemade goods at residence located at N4207 Maple Road, also known as Tax ID #012-1015-1231-002, located in the Town of Clyman, Dodge County
5. Discussion and possible action regarding Land Split Application for Jeff Caine located at W7438 Creek Road, also known as Tax ID# 012-1015-0742-000, located in the Town of Clyman, Dodge County
6. Citizen Comment
7. Schedule next meeting date
8. Adjourn
Posted: March 6, 2013
Chris Spilker – Plan Commission Clerk

NOTE: Requests from person(s) with disabilities who need assistance to participate in this meeting or hearing should be made to the clerk at 262-224-3651 with as much advance notice as possible.

A quorum of the Town Board may be present at these meetings for informational purposes. The above agenda items may also be on future Town Board meetings.

__________________________________________________________________-

TOWN OF CLYMAN
PLAN COMMISSION MEETING
March 7, 2013 @ 7:00 pm

BOARD ATTENDANCE: Mike McLay, Sandy Thoma, Chris Spilker, (Chairman Pat Morrison arrived at 7:12 pm)

The meeting was called to order by Mike McLay at 7:02 pm. The Pledge of Allegiance was recited.

Conditional Use Permit Application to operate a non-commercial quarry for base aggregates on the Tracy Bros. LLC. property for the upcoming Wisconsin Department of Transportation project on STH 26 and STH 60 over the next 3 to 4 years.

Mike asked if Attorney Griggs has viewed the Conditional Use Permit. Clerk Chris Spilker explained the file has been turned over the attorney for review.

Pat asked if a determination of whether it’s a wet land or not has been decided. Mashuda explained this has not yet been determined. Pat explained that Mashuda should continue getting permits at the state level regardless of what the Plan Commission decides because this process of obtaining a CUP should not factor into their permits required. Mike questioned if the Plan Commission can make a recommendation to the town board tonight. Pat explained that the attorney is going to review the recommendations to make sure what the town is requiring is legal. With that said, Pat explained the requirements the town is going to expect have the potential to change due to the Town Board review and also with Pat speaking directly to the state and understanding that depending on the requirements the state determines (if it is in the wetlands) this can have a final effect on the CUP requirements.

Mashuda explained that they will be withdrawing the application by next Monday if the town does not approve the CUP. Pat explained that this is not the way to proceed but the Plan Commission members want to be assured that they are following the state statutes requirement.

Mashuda explained that they need to complete an ECIP and a question to proceed forward with the state is if they have a permit from the town. Pat explained that if the state applies NR 135 the town would be satisfied but if the state determines to use Trans 401 there is not a lot of protection to the town and what was the public discussed at the public hearing. Pat explained that in talking with the DOT they explained that Mashuda should be moving forward with the permits required from the DOT and the DNR does not need the towns permit completed to proceed forward if Mashuda wants to apply for the ECIP.

Mashuda explained that their requirements are mostly exempt due to this being a state project. Mashuda further explained that obtaining a completed CUP gives them an advantage for bidding.

Pat also explained that there are expectations that will already be required per State Laws and does not want the CUP to be redundant to what will already be required. Mashuda expressed that if in the event the project is in the wetland they will not pursue it because it is business they are not looking to pursue. In their experience they explained that they are running in complications because Eric the Liaison between the DOT and the DNR will not view the project without a CUP approved.

Pat questioned Mashuda that in the end if the quarry becomes a potential issue and doesn’t fill with water to the good faith Mashuda has expressed it should what will the town be left with. Pat explained that in talking with the state they expressed they thought there was a Mashuda pit that did not fill. Mashuda explained this was in Fond Du Lac and they had an issue but it took approximately 3 years longer than originally anticipated for the water to fill into the quarry. Mashuda was challenged by the town but in the end they did not have an issue because the board decided to wait for the quarry to fill with water for a longer period of time than originally anticipated.

It was noted that two Mashuda representatives were present and only one was aware of this complication in Fond Du Lac. The other expressed that in 26 years he has not had issues and explained the quarry projects he has worked with have always done what he has anticipated them to do.

Mike/Sandy made a motion to recommend a Conditional Use Permit to operate a non – commercial quarry for base aggregates on the Tracy Bros LLC for the upcoming Wisconsin Department of Transportation project on STH 26 and STH 60 over the next 3 to 4 years with the conditions that have been presented at the previous meetings.

Pat explained that if the Town Board follows the recommendations they still have the right to add or delete or modify the CUP. In the event it is rejected completely than the landowner do have the right to file an appeal with the Board of Appeals. Sandy explained that she has concerns because of the unknowns regarding the permits and the locations of the permits required.

Mashuda explained that regardless of the permits they are required to get, the town will be copied in on all permits required. Pat requested a copy of the procedure for testing wells be submitted also.

Roll call vote was called by Chairman Pat Morrison.

Mike – Yes
Pat – Yes
Sandy – Yes
Chris – No
Motion carried.

Further discussion was held because the Plan Commission wanted to know why Chris voted “no”. Chris explained that she felt the CUP was not complete and she wanted to see the permits that will be required prior to the recommendation of the town board. She felt the Plan Commission “passed the buck” without having the town attorney review it prior to the Plan Commission decision and now the town board has to finish the responsibility she felt the Plan Commission should be handling.

Pat explained the Plan Commission has the right to cover all the restrictions based on the information that was provided at the time of application and make a determination based on what has been provided.

Discussion and possible action regarding a Conditional Use Permit Application by Kim Koronka to operate a nursery and also sell homemade goods at N4207 Maple Road also known as Tax ID# 012-1015-1231-002, located in the Town of Clyman, Dodge County

Kim Koronka was present and explained that she is interested in selling goods and also doing an agriculture nursery. Kim explained that some merchants from the farmer’s market in Hustisford are interested in participating therefore she would be selling goods on their behalf. The total acreage of the parcel is 2 ½ acres approximately. Pat referenced page 13 & page 14 (section D) on the zoning explaining that nurseries are a principal use for land that is zoned agriculture. The clerk stated the parcel is zoned agriculture. It was explained your parking lot would be a principal use for the nursery therefore would also apply.

Sandy/Pat made motion to make a recommendation to the town board for approval because it falls on the principal use under the principal use for the agriculture district per Section. 4.62(8)


Discussion and possible action regarding a land split application for Lance D Jaeckel/Sarah L Jaeckel W7438 Creek Road, also known as Tax ID # 012-1015-0742-000 located in the Town of Clyman, Dodge County

Jeff Caine was present and was acting as an agent for Lance/Sarah Jaeckel because he is interested in purchasing the property and he is requesting a land split for the purpose of financing. The land split will split off the house from the land surrounding the residence. This way his son could do the financing for the purchase of the house and he would be purchasing the farmland. Question regarding the easement of the driveway. It was explained there will be an easement off the residence because the driveway is currently in the 52 acres. This would be the existing driveway that will be utilized for another easement of the split property being proposed. It would be perpetual to all parcels to avoid any land lock parcels.

Dave Blank the Chairman was present and explained there had not been any additional splits on the property. He confirmed in the records of the town that the residence application was dated 3/05.

Sandy/Pat made a motion to schedule a public hearing for the land split application of Lance/Sarah Jaeckel located at W7438 Creek Road, also known as Tax ID # 012-1015-0742-000 located in the Town of Clyman, Dodge County

It was noted the application meets the requirements in section 4-12(a)(b). It was noted the property will be allowed one more land split if approved. Motion carried.

The Commission will be calling a Special Meeting, Monday at 6:30 pm prior to the Town Boards meeting to approve minutes from the previous meetings and also for any other discussion regarding the Conditional Use Permit application to operate a non-commercial quarry for base aggregates on the Tracy Bros., LLC property for the upcoming Wisconsin Department of Transportation project on STH 26 and STH 60 over the next 3 to 4 years.

Next Regular Monthly Meeting: April 4th at 7:00 pm.

Sandy/Mike made a motion to adjourn at 8:40 pm.

Respectfully submitted,

Chris Spilker
Town Clerk

___________________________________________________________

PUBLIC HEARING AND MEETING NOTICE
TOWN OF CLYMAN – DODGE COUNTY
PLAN COMMISSION MEETING

Pursuant to the requirements of Section 19.84, Wis. Stats., notice is hereby given of a hearing of the Town of Clyman Plan Commission. This hearing will be held on April 4, 2013 at 7:00 PM at the Clyman Town Hall, 735 Main Street, Clyman, Wisconsin.
The purpose of this hearing will be to consider the following:

Letter of Intent for the purpose of a land split application for Lance D Jaeckel/Sarah L Jaeckel, (Agent, Jeff Caine) W7438 Creek Road, also known as Tax ID # 012-1015-0742-000 located in the Town of Clyman, Dodge County
Requests from person(s) with disabilities who need assistance to participate in this meeting or hearing should be made to the Plan Commission Clerk at 262-224-3651 with as much advance notice as possible.
POSTED:
by: Chris Spilker – Plan Commission Clerk

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TOWN OF CLYMAN
PLAN COMMISSION MEETING
March 11, 2013 @ 6:30 pm

BOARD ATTENDANCE: Sandy Thoma, Chris Spilker, and Pat Mueller

The meeting was called to order at 7:00 pm.

The following changes were made to the minutes from past months.

January 15th Change Bwier Road to Biwer Road.

February 5th – No changes.

February 20th – No Changes

March 7th – Last paragraph on page 1 they are “not looking to pursue”.

Chris/Pat Mueller made motion to approve minutes as presented with the changes listed.

Sandy questioned if Mashuda does not receive the bid for the quarry project will the CUP still be pursued. It was explained that Mashuda will not act as agent for landowner in the event they do not get the bid and if anyone else applies they will need to start at the beginning.

Sams Welderling is who Mashuda is possibly having for testing. Kraemer will be the one taking the test for Sam’s Welderling.

Mashuda explained the above listed will be doing state certified tests for bacteria, nitrates, & TDS (Total Dissolve Solids) is what they are testing for.

Mashuda explained they run the water for 10 to 15 minutes. Then they would than find the nearest faucet and heat the faucet for the tests. It was explained two tests would be collected.

Mashuda explained that the test would cost approximately $150.00 per test.

There were no further questions from the Plan Commission and the next step is Mashuda will need to go before the Town Board with the Plan Commission’s recommendations.

Chris/Pat made motion to adjourn at 7:10 pm.

Respectfullly Submitted,

Chris Spilker
Plan Commission Clerk

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PUBLIC HEARING AND MEETING NOTICE
TOWN OF CLYMAN – DODGE COUNTY
PLAN COMMISSION MEETING

Pursuant to the requirements of Section 19.84, Wis. Stats., notice is hereby given of a hearing of the Town of Clyman Plan Commission. This hearing will be held on April 4, 2013 at 7:00 PM at the Clyman Town Hall, 735 Main Street, Clyman, Wisconsin.
The purpose of this hearing will be to consider the following:

Letter of Intent for the purpose of a land split application for Lance D Jaeckel/Sarah L Jaeckel, (Agent, Jeff Caine) W7438 Creek Road, also known as Tax ID # 012-1015-0742-000 located in the Town of Clyman, Dodge County
Requests from person(s) with disabilities who need assistance to participate in this meeting or hearing should be made to the Plan Commission Clerk at 262-224-3651 with as much advance notice as possible.
POSTED:
by: Chris Spilker – Plan Commission Clerk

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TOWN OF CLYMAN
PLAN COMMISSION PUBLIC HEARING
April 4, 2013 @ 7:00 pm

BOARD ATTENDANCE: Mike McLay, Sandy Thoma, Chris Spilker, Pat Mueller

The public hearing was called to order by Mike McLay at 7:00 pm.

It was noted that all adjoining land owners were sent a copy of the notice.

Mark Bubholz was present and had no comment.

Mike asked for any other public comment. None was noted.

Mike/Chris made a motion to close the public hearing at 7:05 pm.

TOWN OF CLYMAN
PLAN COMMISSION MEETING
April 4, 2013 immediately following public hearing

BOARD ATTENDANCE: Mike McLay, Sandy Thoma, Chris Spilker, Pat Mueller

Letter of Intent for the purpose of a land split application for Lance D Jaeckel/Sarah L Jaeckel, (Agent, Jeff Caine) W7438 Creek Road, also known as Tax ID # 012-1015-0742-000 located in the Town of Clyman, Dodge County

It was noted that a permanent easement will be put in place to avoid any land lock on the south side of the property. Sandy recommended possibly putting a 30 ft easement all the way through to allow for farm equipment to get to the farm land. It was noted that the parcel is 52.86 and the split will be 2.86 approximately depending on the survey. At this time there has not been a survey completed for the split. It was noted Creek Road is 1086 feet long. It was explained that currently Jaeckel owns the driveway and currently an easement was not needed because Jaeckel owns all the land. It was noted if the spilt is granted the Plan Commission discussed recommending an easement to avoid any land being landlocked. Jeff Caine was present and agreed that was also his intention if the split was approved.

It was noted that there has been zero splits on this property in the Town of Clyman.

Sandy/Mike made motion to recommend to the Town Board to approve the land split as proposed by the Plan Commission because it meets the Town of Clyman’s zoning requirements 4.129(a)(b) with the condition that an easement be placed on the driveway to allow entrance to all the parcels. Motion carried.

Citizen Comment - None

Next Meeting Date – May 7, 2013 @ 7:00 pm.

Mike/Pat made a motion to adjourn at 7:20 pm.

Respectfully, Chris Spilker Plan Commission Clerk

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TOWN OF CLYMAN
PLAN COMMISSION
August 6, 2013 @ 7:00 pm

COMMISSION ATTENDANCE: Mike McLay, Sandy Thoma, Pat Morrison, & Chris Spilker

Discussion and possible action regarding Letter of Intent for Business Use for property owned by WE Energies in care of Ed Wolff & Tom Prosser, also known as Tax ID# 012-1015-2824-001, located at SE ¼, NW ¼, Sec 28, located on County Highway CJ, in the Town of Clyman, Dodge County, Wisconsin

The Pledge of Allegiance recited. Pat/Mike made a motion to recommend non approval of the letter of intent for business use because the structures will not meet the zoning code set back requirements of the Town of Clyman’s Zoning Code. Motion Carried.

Question regarding if the county also needs to approve the application. It was explained county is 100 feet from the center line and local zoning is 75 feet from the center line and the landowner should follow up with the county.

It was noted the location of the buildings were listed as 30 feet from the south property line and 20 feet from all other property lines. It was noted the neighboring property owner is Basol.

It was noted that if the variance is granted it would then be recommended to have the property owner make an application to zone the property Highway Business District because the type of business would meet the requirements for Clyman Zoning Code 4.8.2.D.

It was also noted that the land owner could apply for a Conditional Use Permit if rezoning is not an option.

Pat/Mike made a motion to adjourn at 7:25 pm. Motion carried.

Next Meeting Date: Thursday, August 22, 2013 at 7:00 pm.

Made motion to adjourn at 7:30 pm.

Respectfully submitted,

Chris Spilker

 

TOWN OF CLYMAN
PLAN COMMISSION
August 29, 2013 @ 7:00 pm

COMMISSION ATTENDANCE: Sandy Thoma, Pat Morrison, & Chris Spilker

Pat called the meeting to order at 7:00 pm. The Pledge of Allegiance was recited.

Jeff provided Zoning & Subdivision Code Amendment Process to the Plan Commission. Discussion was held with the Town Chairman Randy Nehls and the Plan Commission that for the 2014 budget it was discussed having resources to utilize Jeff Retzlaff and the 2030 Comprehensive Plan.

Discussion was held regarding the current 2030 Comprehensive Map. It was discussed if changes need to be made to the current map. With the map now being 3 years old and having many changes in our area including farmland preservation the Plan Commission has the opportunity to revise the 2030 Comprehensive Plan Map.

Further discussion was held regarding the changes of Farmland Preservation. It was explained that if a municipality wants to participate in Farmland Preservation the town has the right to divide land and rezone to meet the needs of the community and the citizens that want to receive credits. It was also noted there is not a penalty if a citizen chooses not to participate as there once was if a citizen was enrolled and chose to later get out of the program.

Town Chairman Randy Nehls did not feel at this time the Highway 26 expansion project should be discussed only because he expressed it is at this time hard to tell how much the state will control, the setbacks, the evaluation, etc. He is concerned about the area that is considered wetland and the temporary roads for the Highway 26 expansion project running along and possibly into the wetland area.

PC Chairman Pat Morrison agreed that the expansion plan should be completed prior to the recommendation of the Plan Commission recommending a 2030 Plan Amendment in that area.

It was explained that the map could be used as a general guide where each landowner still has to come before the Town with an application regarding development. The map can assist future development in areas that are/are not developed as of yet.

Chairman Morrison recommended that Jeff Retzlaff and the PC each make 3 priority levels and will request to the Town board a budget with a final priority list.

Chairman Nehls explained that he will put this on the September agenda of the Town Board so that they are aware of the project and the Plan Commission is to finalize numbers for the October Meeting.

Jeff Retzlaff will be writing up a proposal with a budget attached for the Plan Commission to entertain at the October meeting.

MINUTES: Sandy/Pat made a motion to approve minutes as presented. Motion carried.

SUBDIVISION ORDINANCE: Discussion was held that the county will look to the town for a recommendation and while the landowner needs county approval the county is encouraging towns with their own zoning to have their own regulations in regards to subdivisions. It was explained that the county does have jurisdiction and they have assigned zoning regulations and bypass the town because nothing is currently adopted. Jeff explained having an ordinance allows for the town to have more control and regulate at a local level.

Pat/Sandy made a motion for the Plan Commission to review the Subdivision Ordinance for further discussion at the October meeting. Motion carried.

ANNUAL REVIEW: Chairman Morrison would like this as an agenda item for the October meeting.

CAINE TRANSFER, INC: Jeff Caine was present and provided to the Plan Commission a letter of intent with supporting maps and details in regards to the split.

Jeff explained that he will be separating approximately 2.17 acres. It was noted it falls within his (2) two allowed development rights. It meets all driveway, and land division zoning regulations. It was noted the driveway meets the 10 feet from the property line requirement. It also is 50 feet from a street intersection of 55 mph, and it meets the setback of 200 feet from neighbors. It was noted the driveway has to be 12 feet wide.

Jeff Caine noted that there is currently a field entrance off of Welsh Road and Jeff explained that he would be willing to have an easement on the driveway zoned residential in the event Caine Transfer would be interested in selling the residential property. Chairman Pat Morrison will follow up as he expressed that a residential drive may not be allowed to have two uses.

Sandy/Chris made a motion for a public hearing for the property listed above for the Letter of Intent of a land division because it meeting Zoning Ordinance section 4.2(a)(b)(c) and the recommendation will have verification the driveway is 12 feet wide and the land survey will reflect that (1) one development right was used leaving (1) development right for future use.

Public Hearing will be scheduled in October 1, 2013 @ 7:00 pm.

CITIZEN COMMENT: None

Next Meeting Date: Tuesday, September 3, 2013 @ 7:30 pm.

Chairman Pat/Sandy made motion to adjourn at 8:04 pm.

Respectfully submitted,

Chris Spilker

(Talk with Pat Mueller about wanting to participate or the board will need to post for position)


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TOWN OF CLYMAN PLAN COMMISSION
PUBLIC HEARING
OCTOBER 1, 2013 @ 7:00 pm
TOWN OF CLYMAN HALL


1. Call to order
2. Discussion and possible action regarding letter of intent for a land split in the name of Caine Transfer also known as Tax ID# 012-1015-1844-000, located at W7342 State Road 16/60, or E 5/8 of S1/2 of SE ¼ Sec 18 EX HY DWSC IN V1365 P209, Town of Clyman, Dodge County

POSTED: 9/21/13
BY; Chris Spilker

NOTE: Requests from person(s) with disabilities who need assistance to participate in this meeting or hearing should be made to the clerk at 262-224-3651 with as much advance notice as possible.

A quorum of the Town Board may be present at these meetings for informational purposes. The above agenda items may also be on future Town Board meetings.

TOWN OF CLYMAN PLAN COMMISSION
REGULAR MONTHLY MEETING
OCTOBER 1, 2013 Immediately Following Public Hearing
TOWN OF CLYMAN HALL


1. Call to order
2. Pledge of Allegiance
3. Discussion and possible action regarding letter of intent for a land split in the name of Caine Transfer also known as Tax ID# 012-1015-1844-000, located at W7342 State Road 16/60, or E 5/8 of S1/2 of SE ¼ Sec 18 EX HY DWSC IN V1365 P209, Town of Clyman, Dodge County
4. Discussion and possible action regarding letter of intent for a land spilt in the name of Ellery W. Klatt Jr, Sandra A. Ebert, Arlene E. Bauer also known as Tax ID#012-1015-0612-000, 012-1015-0621-000, 012-1015-0621-001, 012-1015-0622-000, located at W7530 County Road KW, or That PT NW ¼ SEC 6 LYG WLY of CTH KW HWY (complete description available upon request), Town of Clyman, Dodge County
5. Discussion and possible action regarding Plan Commission member Pat Mueller’s intentions as a Plan Commission Member
6. Discussion and possible action regarding Zoning Consultant’s proposal for amendments to the 2030 Comprehensive plan to include his fee
7. Discussion and possible action regarding proposed Subdivision Ordinance
8. Discussion and possible action regarding an annual review
9. Citizen Comment
10. Next Meeting Date
11. Adjourn
Posted: 9/29/13
By: Chris Spilker

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