WAUPACA COUNTY BOARD OF ADJUSTMENT MEETING

MINUTES –OCTOBER 31, 2013

 

Sec. Fulcher called the meeting to order at 9:15 a.m.  Roll call was taken with the following members present:  J. Fulcher, J. Beyer, D. Johnson and P. Craig, present.  L. Mares was excused.  J. Loughrin and R. Hoffmann were present by teleconference.

 

P. Craig moved and J. Beyer seconded the motion to approve the agenda as presented.  The motion was carried.

 

D. Johnson moved and P. Craig seconded the motion to approve the minutes from the September 19, 2013 meeting.  The motion was carried.

 

Public Comment: There was none.

 

PUBLIC MEETING:

 

A procedural meeting was held by the Waupaca County Board of Adjustment to discuss hearing procedures and establish hearing parameters concerning an Appeal to a Planning & Zoning Committee decision that was made on June 6, 2013 for the following:  Gerald A. & Susan M. Tellock and Roger E. & Geraldine Henschel, located in the SE ¼ of Sec. 13, Town of Union, lying along Dennison Road, Waupaca County, Wisconsin; for a Conditional Use Permit application for a Non-Metallic Mineral Extraction in an AE (Agriculture Enterprise) District on approximately 160 acres. 

 

 Attorney Ronald Stadler representing the Waupaca County Board of Adjustment gave a summary regarding the hearing process.  

 

Attorney Steve Sorenson said he is the representative for Gerald A. & Susan M. Tellock, Roger E. & Geraldine Henschel and A.F. Gelhar Co., Inc.   Mr. Sorenson gave an overview on their position as the applicant.

 

Attorney Brian Hamill said he is the representative for the residents of the Town of Union who reside near the proposed site.  Mr. Hamill gave an overview of the Appeal issues and procedures.

 

Attorney R. Stadler discussed the timeline for the hearing information to be disbursed, Board of Adjustment review of briefs and the scope of the public hearing, and the public hearing for the Appeal to the Board of Adjustment.

 

Jean Gliniecki, Zoning Administrator, conferred with Attorney Ronald Stadler regarding the timeline for the briefs and the public hearing for the Appeal to the Board of Adjustment. 

 

Thursday, December 5, 2013 @ 8:15 a.m. – Conduct an on-site inspection of the Sand Mine site, Town of Union

 

Monday, January 20, 2014 – Deadline to receive Prehearing briefs

 

Thursday, January 30, 2014 @ 9:00 a.m. – Board of Adjustment will review briefs and define the scope of the public hearing. 

·         The Board will convene in closed session pursuant to Wis. Stats. §§19.85 (1) (a) and (g) to deliberate concerning a case which was the subject of a judicial or quasi-judicial trial or hearing before that governmental body and to confer with legal counsel for who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved.  The scope of this meeting will be to address the parties’ arguments on the standard of review.

 

·         The Board may reconvene into open session to render its opinion if the hearing has concluded and its deliberations have concluded.

 

Thursday, February 20, 2014 @ 9:00 a.m. and to go no later than 4:00 p.m. – Public hearing for the Appeal to the BOA.

 

 

 

Friday, February 21, 2014 @ 9:00 a.m. and to go no later than 4:00 p.m. – If necessary to continue with the public hearing.

 

 

 

Monday, February 24, 2014 @ 9:00 a.m. – If necessary for the BOA to begin or complete its deliberations.

 

 

 

Attorney R. Stadler defined procedural and substantive issues and the positions of the Attorneys.

 

J. Beyer moved and D. Johnson seconded the motion to adjourn the meeting at 9:56 a.m.  The motion was carried.  The Board adjourned.

 

Respectfully submitted,

 

 

 

Jack Fulcher, Secretary

Waupaca County Board of Adjustment

 

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cc: County Clerk