of the public meeting on October 28, 2008, the
counsel for Board of Zoning Appeals ("BZA")
and the Permittees (ULWR and Tracy Bros.) still
had not reached agreement on several key disputed
provisions of the CUP, namely: payment of the
CUP-process expenses and fees incurred by the
Town; the form of financial surety for remediation
of an abandoned Wastewater Treatment System;
and, whether and how the Town's discretion could
be exercised in the event of differing enforcement
decisions as between the Town and the Wisconsin
Department of Natural Resources ("WDNR").
After two additional negotiating sessions among
counsel for the BZA, the BZA's Chairman, Counsel
for the Permittees, and two representatives
of the Permittees, those negotiations have concluded.
The results are
presented through the revised CUP that can be
downloaded and viewed here.
*Note: The download is a .pdf file, will require
Adobe Acrobat Reader to view.
The revised CUP will be discussed on December
3rd by the BZA as a whole and likely will be
voted on at that meeting, which is scheduled
to start at 7 p.m. in the Town Hall. As a member
of the public, you can make your comments known
to the Chairman by submitting them in writing
to the Town Clerk. You may also ask to be recognized
at the December 3rd meeting for that purpose.
The preference is for premeeting written submissions
because they can be grouped by topic and addressed
without repetition and in a logical order.
The presence of the existing aboveground storage
tank ("AST") and its used to store
and dispense diesel fuel for ULWR's motor vehicles
are approved, provided the AST is registered
with, conforms to the approval criteria of the
Wisconsin Department of Commerce ("WDOC")
and operates in compliance with any WDOC permit
term or condition or the applicable provisions
of the WDOC administrative code. The criteria
and permit terms and conditions of the WDOC
with respect to the AST are incorporated herein
and will be enforceable hereunder.
A listing of permitted
properties can be downloaded and viewed here.
*Note: The download is a .pdf
file, will require Adobe Acrobat Reader to view.