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PCM19610227TOWN OF MUSKEGO MINUTES OF THE JT. PUBLIC HEARING OF THE TOWN BOARD AND THE ZONING PRESENT WERE COOK, GUHR, BUDISH, GOTTFRIED, EOSTATER, PARES, SORENSON. MHITE, SCHROEDER AND NELSON. AND PLANNING COMMISSION HELD ON FEB. 27, I961 AT 8:20 P.M. MEMBERS AREA TO BE USED FOR EXITING TRAFFIC, DRAINAGE, ETC- &. BARNEY SPARKOWSKI REQUESTED THAT THE PLAN OF RESTORATION BE DETAILED AND AGAIN MR. POLZIN REFERRED TO SUBMITTED DETAILED RESTORATION PLAN. AT THIS POINT MR. T. SAWYER, ATTORNEY AT LAW, SUBMITTED .;I PETITION IN OPPOSITION TO DEVELOPMENT OF QUARRYING OPERATIONS ON CERTAIN PREMISES KNOWN AS THE REINDERS. TANS. WAUER AND HRIBAR FARMS". NECESSARY TO DO BOTH EXCAVATING AND FILLING IN FOR THE LAKE. MRS. STARZAK ASKED WHETHER RESTOR-4,TION WILL CHANGE LEVEL OF TANS ,””’ , AND MR. POLZIN ANSWERED YES IN ELEVATION, BUT NONE IN THE II SHAPE. IT WA.S ALSO QUESTIONED ,AS TO HOW CLOSE THEY PLANHED ON OPERATING TOWARD THE EXTREME PORTIONS OF THE COND, USE AREA PLANNED AND ANSWER WAS, AT PRESENT UNKNOWN. MR. SAWYER INQUIRED OF MR, RADTKE WHETHER THEIR OPERATION INCLUDED BOTH WASHING AND CRUSHING, EQUIPMENT STORED, WATER CONSUMPTION, YARDS OF GRAVEL TO BE REMOVED, SIZE OF PROPOSED LOTS. MR. RA’DTKE STATED THAT THE OPERATION WOULD INCLUDE BOTH WASHING AND CRUSHING HOWEVER ONLY WASHING AT THIS TIME, WATER USED SHALL BE GAINED FROH THEIR PRESEET SUPPLY, NUMBER OF YARDS OF GRAVEL THEY CONTEMPLATE REMOVING IS UNKNOWN AT THIS TIME, AND LOT SIZE SHALL BE SUBJECT TO PERCOLATION TEST AND BOARD APPROVAL* MR. SAWYER THEN GAINED PERMISSION FROH THE BOARD TO REVIEW REASONS FOR PETITION SUCH AS NOISE, SMOKE, DUST, TRAFFIC, BUFFER ZONE WILL BE ADHERED TO AND WILL COHPANY BE BONDED? ETC. MRS. LACHAPELLE QUESTIONED THE GUARANTEE THAT THE PLANNED ANSWER, ALL PROVISIONS OF ZONING LAWS COVERING THIS OPERATION SHALL HAVE TO BE MET. MRS. STARZAK IN~UIRED WHETHER AREA CAN BE REZINED TO INDUSTRIAL AND WILL THEY EXIT ON TANS DR? MR. NELSON STATED THAT OUR ZONING LAWS ALLOWS ANYONE TO PETITION FOR A REZONING AT ANY TIME AND THE BOARD MUST RECOGNIZE SAME, BUT IF THE BOARD SO DESIRES COULD HAKE ANY STIPULATION AS PART OF THE CONDITIONS OF THE GRANT. MR. D, ALLEN INQUIRED OF THE DRAINAGE AND THE SURVEYOR AGAIN REVIEWED THE CONTOUR MAP, MRS. LACHAPELLE .ASKED WHETHER IT’S ADVANTAGEOUS FINANCIALLY TO ALLOW MORE QUARRY- ING OPERATIONS WITHIN THE TOWN? MRS. STARZAK ASKED WHY THE PRESENT OWNERS OF THE LAND DON’.T DEVELOP THE AREA AS PER IT’S PRESENT ZONING (A-~),AND WHETHER THESE PROPOSED PARKS WERE DEEDED TO THE TOWN NOW OR LATER. ANSWER, REASON UNKNOWN AND ANSWER TO LAST QUESTION - THEY ARE DEEDED OVER WHEN SUBDIVIDED. MR. SAWYER THEN ASKED THE BOARD WHETHER THIS WOULD BE CONSIDERED AS A COMBINED HEARING, NAMELY FOR THE REZONING AS READ OR BOTH AGAIN PRESENT, AS EVIDENCE, HIS PETITION OPPOSING .QUARRYING OPERATIONS AGAIN+ MR. SORENSON MADE A MOTION, AS SECONDED BY GUHR, THAT ALL PER- TINENT DATA SUBMITTED AS TESTIMONY TO BOARD BE ACCEPTED AS SUCH FOR BOTH JT. PUBLIC HEARINGS. MOTION CARRIED. THE CLERK READ THE PETITION AS SUBMITTED BY PETITIONER AND PUBLIC HEARING NOTICE IN ORDER TO CLARIFY THE ABOVE, SUBSTANCE OF WHICH WAS: SHALL A CONDO USE STATUS BE GRANTED FOR 120 ACRES ON THAT PART OF THE N$ SECTION 6, TSN, R20E FOR THE PURPOSE OF OPERAT- REZONING AND GRANTING OF COND. USE STATUS?:. IF so, HE WOULD ING A GRAVEL PIT? REFERENCE CAN BE MADE 0 ON FILE AT THE CLERK’S OFFICE. MEETINC DECLARED ADJOURNED AT 9:20 P.M. MINUTES OF THE JT. PUBLIC HEARING OF THE AND PLANNING COMMISSION HELD ON FEBRUARY TO EXHIBIT A WHICH IS TOWN BOARD AND THE ZONING 27, 1961 AT 9:20 P.M. MEMBERS PRESENT WERE COOK, GUHR, BUDISH, GOTTFRIED, BOSTATER, PARES, SORENSON, WHITE, SCHROEDER AND NELSON. %TITIoNER, ALFRED MAUER SUBSTANCE OF WHICH WAS: HE CLERK READ THE PETITION AND HEARING NOTICE AS SUBMITTED BY SHALL A CONDITIONAL USE STATUS BE GRANTED TO OPERATE A GRAVEL PIT ON THAT PART OF THE NE$ OF Nw$, SECTION 18, Tsfl, R20E ON 30.6 ACRES OF LAND? MR. CLAYTON KRAMER, ATTORNEY, REPRESENTING MR. WAUER SUBMITTED CORRECTED LEGAL DESCRIPTION, AGREEMENT OF USE OF EQUIPMENT, RESTORATION PLAN AND CONSENT OF ADJOINING PROPERTY OWNERS IN ACCORDANCE WITH SECTION 3.08. MR. KRAMER DETAILED THE PROPOSED AREA, TYPE OF PRESENT ZONING, INTENDED SETBACK AND OFFSETS IN ACCORDANIE WITH ZONING PROVISIONS, PATH OF EXITING, MACHINERY AND TYPE OF EQUIPMENT TO BE USED, RESTORATION PLANS, LENGTH OF PLANNED OPERATION (5 YRS), VALUATION OF MACHINERY ($100,000) SHARE OF INCOME TAX REVENUE FROM CORPORATION TAXES TO BE EXPECTED. MR. GEORGE EGAN, SURVEYOR, REVIEWED THE TOPOGRAPHICAL MAP AND ANSWERED QUESTIONS RELATIVE TO SUCH. MR. SCHUBEL STATED THAT THEY WOULD PREFER THAT THEY MAINTAIN AN OFFSET OF 200' ALONG THEIR LAND EVEN THOUGH ZONING REQUIRES 20' AND THE PETITIONERS HAVE ALLOWED Set. WR. SAWYER AGAIN SUBMITTED THE PETITION FOR TESTIMONY AND RE- QUESTED THAT THE BOARD ACCEPT SAME FOR THIS HEARING ALSO- MR. D. BURG INQUIRED WHETHER MR. WAUER COULD BE REQUIRED TO BLACKTOP HIS ROAD SINCE IT RUNS PARALLEL TO HILLENDALE AND WHAT HOURS WOULD THE QUARRYING OPERATION COVER? MR. BUCHOLTZ ASKED NELSON AND MR. KRAMER, AT THIS POINT, REVIEWED THE COND. USE LEGALLY BOUND TO ADHERE TO SAME. MRS. H. KLEINEMAN QUESTIONED WHO WOULD HAVE CONTROL OVER ROADS PLANNED .FOR EXITING? BOTH MR. RESTRICTIONS AND REMINDED THOSE THOSE THAT THE OPERATORS ARE WHETHER THE BOARD WOULD HAVE CONTROL OPER PRIVATE ROADS RESULTING IN THE INABILITY TO LIMIT TYPE OF SURFACING, TRAFFIC, ETC. MR. BURG CITED TRAFFIC HAZARDS INVOLVED DUE TO INCREASED TRUCKING. MR. MADERICK QUESTIONED AS TO WHETHER SPEED CAN BE CONTROLLED ON SIDE ROADS AND MRS. hCHAPELLE ASKED WHETHER THIS APPLICATION WAS BEING RUSHED DUE TI AN EXPANSION OF HIGHWAY Is? IN ANSWER TO MR. MADERICK'S QUESTION, THE BOARD STATED THAT ANY STOP SIGN ON ANY ROAD ABUTTING EITHER COUNTY OR STATE WOULD COME UNDER THE JURISDICTION OF SAME AND, OF COURSE, ANY LIMITATION OF SPEED WOULD BE TAKEN CARE OF BY EACH INDIVIDUAL GOVERNING BODY. MR. KRAMER THEN INFORMED THE BOARD THAT IT WAS THE REQUEST OF ONTO THE PROPOSED SITE OF OPlU3ATION PRIOR TO GRANT. THEY WISHED TO MAKE IT CLEAR THAT IT SHOULD NOT BE PRESUMED THAT THIS WAS @OIK ROAD CONST- CO., TO GAIN.:'PERMISSION TO MOVE THEIR EQUIPMENT . i PART OF THE GRANT, BUT WOULD BE IMPOSSIBLE TO MOVE THE EQUIPMENT LATER DUE TO WEIGHT LIMITATIONS. THE BOARD SAID THAT THEY WOULD HAVE NO JURISDICTION OVER THIS AS THEY WOULD BE ASSUMING THE *CHANCE THEMSELVES. HEARING WAS DECLARED ADJOURNED AT 10:10 P.M. MINUTES OF THE JT. PUBLIC HEARING OF THE TOWN BOARD AND THE ZONING AND PLANNING COMMISSION HELD ON FEBRUARY 27, 1961 AT 1 a:1 a P.M. MEMBERS PRESENT WERE COOK, GUHR, .BUDISH, GOTTFRIED, BOSTATER, SORENSON, WHITE, SCHROEDER AND NELSON. MR. PARES EXCUSED HIMSELF PRIOR TO THIS HEARING. THE CLERK READ THE PETITION' AS SUBMITTED BY IDA AND MERWYN TESS THE FOLLOWING DESCRIBED AREAS BE REZONED FROM AGRIC. TO RES. A-l? AND READ THE JT. PUBLIC HEARING NOTICE WHICH WAS AS FOLLOWS: SHALL TOTAL ACREAGE - 50s - NSO ACRES OF W$SM? SECTION 21 - 47 ACRES. . 3 ACRES IN PT. OF THE SWS SECTION 21 AND 3 ACRE IN PT OF THE SES SECTION 20. (DETAILED DESCRIPTION ON FILE IN CLERK'S OFFICE) MR. COOK REQUESTED THAT THE AREA BE REVIEWED TO FAMILIARIZE THE BOARD OF THE LOCATION, ADJACENT ZONING, ETC. HEARING DECLARED ADJOURNED AT 10:lS P.M. THE REGULAE-.JSONTHLY MEETING OF THE MUSKEGO PLANNING AND ZONING COMM- WERE COOK, GUHR, BUDISH, GOTTFRIED, BOSTATER, SORENSON, WHITE, a ISSION WAS HELD ON FEBRUARY 27, 1961 AT 10:1S P.M. MEMBERS PRESENT SCHROEDER AND NELSON. THE CLERK READ THE MINUTES OF THE JAN. 23, 1961 MEETING AND THEY WERE APPROVED AS READ. THE CHAIRMAN REQUESTED THAT THE BOARD CONSIDER MR. TESS'S REZONING REQUEST FIRST AND THEN CONSIDER THE REQUEST OF THE 2 COND. USE REQUESTS FOLLOWING THE PLANNERS COMPLETED STUDY OF SAME. IT WAS SUGGESTED BY THE PLANNER AND LATER AGREED BY THE BOARD THAT DECISION ON THE LATTER BE TABLED UNTIL THE NEXT BOARD MEETING. MR. GOTTFRIED INFORMED THE BOARD AND THOSE PRESENT THAT INFORMAL REQUEST OF THE I/& MIDGET CAR CLUB OF MILW. HAD BEEN DROPPED. THE PETITION FOR CONDI USE GRANT HAD NEVER BEEN APPLIED FOR. THEY HAVE LOCATEQ THEIR OPERATION IN s. MILWAUEEE. MRS. STEPHEN BALL AGAIN APPEARED WITH A REQUEST FOR PERMISSION TO ING A HOME.^ MR. NELSON EXPLAINED THAT THE LAND USE PLAN WOULD NOT BE COMPLETED FOR 1-2-3 MONTHS AND WOULD SUGGEST THAT MRS. BALL EITHER WAIT UNTIL PLAN IS COMPLETED, CONSIDER REMODELLING THEIR SPLIT A 2 ACRE PLOT INTO TWO-7 ACRE TRACTS FOR PURPOSES OF BUILD- PRESENT HOME OR SELLING ENTIRE PARCEL AND REBUILDING. MR. SAWYER AGAIN RAISED THE OBJECTIONS OF QUARRYING OPERATIONS AND CITED DISADVANTAGES OF SUCH AN OPERATION SUCH AS, TRAFFIC HAZARDS, POOR TAX REVENUE, SMOKE, SOOT, DUST NOISE, ETC. MR. COOK MADE A MOTION THAT THE PLANNING COMMISSION MAKE RECOHMENDAT- ION TO THE TOWN BOARD THAT THE AREA AS SUBMITTED BY M. TESS AND IDA TESS BE REZONED FROH AGRICULTURAL TO RESIDENTIAL A-7. MOTION SECONDED BY MR. SORENSON AND MOTION CARRIED. IT WAS RECOMMENDED BY MR. NELSON THAT COPIES OF THE ECONOMIC AND ECOLOGIC BASE BE RELEASED TO THE PRESS AND WAS ADOPTED BY MOTION OF MR. COOK AS SECONDED BY MR. SORENSON. MR. COOK HADE A MOTION TO ADJOURN AT 10:.50 P.M. RESPECTFULLY SUBMITTED, BETTE J. BOWYER// SECRETARY