Town of Clyman Board of Zoning Appeals Decision Regarding ULWR CUP

As 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.