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Plan Commission Minutes
Nov 19, 2012
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 Town of Oregon

Plan Commission Meeting Minutes

Monday, November 19, 2012


1.                  Open Public Hearing.

Town of Oregon Plan Commission Chair Weber opened the public hearing at 6:30 p.m. on Monday, November 19, 2012.  In attendance were Darryl Weber, Paul Morrison, Tom Wiedenbeck, Andy Blomstrom, Dave Hagemann, Brian Duffin, Sharon Christensen and Deputy Clerk, Jennifer Hanson.

a.      Revise Conditional Use Permit (CUP) at the Klahn Gravel Pit; CUP # 1916.

Bill Buglass from Payne & Dolan presented aerial photographs of the Klahn pit from October 2011 and October 2012.  He explained the progress of the pit.  He showed what has been removed and the shaping of the banks.  The water is currently 5-7 feet deep, but will eventually be excavated to a depth of 25 feet.  He pointed out the banks that have been reclaimed to the elevation they will be at completion.  Over the next two years, the plan is to remove the top 15 to 20 feet of gravel, dig down 25 feet and continue to reclaim the banks.  The original permit was granted in November 2004 for a term a ten years.  Over the last five years the economy hasn’t been going well, so their projections to deplete this site will not be met.  They are asking for a ten year extension on the permit.  If they are able to deplete site before the term expires, they will have the site reclaimed within 12 months.  Currently, the rock is not crushed or washed onsite, even though this is allowed, and they anticipate continuing to haul it offsite unless there is a project close by.  Payne and Dolan is also requesting a change in the hours of trucking.  The trucking hours were set to avoid bus traffic during the school year.  They are requesting to extend the trucking hours during the summer months to 7:00 a.m. to 6:00 p.m. from Memorial Day to Labor Day. 


Chairman Weber opened questions up to the public. 

1.  Eric Phelps, 125 Cedar St. Brooklyn, questioned the extended hours and the noise from the trucks running behind the hills.  Would there be significant noise behind the homes starting at 7:00 a.m.?  Mr. Buglass explained that the change in hours is only for the trucking and not for the earth moving equipment that takes place onsite.  There will be more earth moving done this summer, but after that there will be very little needed. 

2.  E. Jerry Tyler, 794 County Highway MM, thanked the board for installing a sign to help with the noise from the truck engine breaking on Highway MM, but he is concerned about the noise from the trucks during the extended hours.  He was wondering if there was a way to enforce the noise from the engine breaking.  Chairman Weber said the Village of Oregon police or Dane County Sheriff’s Department would enforce.  Mr. Buglass never received a call about engine breaking at this site, but would always appreciate a call, especially with the color or number of the truck and they will discipline the truck driver. 

3.  Jeff Olson, 129 Cedar St. Brooklyn, questioned the timeframe for using the big earth moving equipment as they mover closer to Highway MM and working at the front end of the pit.  Is that something done early on?  What is the plan for digging down into the rock?  Mr. Buglass used the map to explain the future progress at the site.  Mr. Olson hears very little, but he is concerned about noise now that they are getting closer to his home.  Payne & Dolan explained that most of the work is taking place inside a 40 foot wall.

4.  John McNaughton, 109 Cedar St. Brooklyn, was here to support extending the permit.

Hearing no more questions or comments, Weber closed the public comments on the Klahn gravel pit.        

b.      Land Division and Rezone request from Dan Kok and Sara Schlough on property located across from 5866 County Highway D.  Petition # DCPREZ-2012-1050-9. 

Dan Kok, 2921 Camp Leonard Rd. McFarland, purchased 26 acres across the street from 5866 County Highway D.  They are requesting to rezone 2 acres of land in the woods to build a home.  The actual request is for 2.8 acres because the county requires 66 feet of road frontage which can be seen on the map.  They intend to use the existing driveway and marked the 66 feet road frontage on the map as no access.  The farm land has been rented out and very little will change with the property.  Weber heard no questions or comments from the public.         

2.                  Close Public Hearing.

Weber closed the public hearing at 6:50 p.m.


3.                  Call Plan Commission meeting to order.

Weber called the Plan Commission meeting to order at 6:50 p.m.

4.                  Discussion and possible Recommendation to the Town Board.

a.      Revise Conditional Use Permit (CUP) at the Klahn Gravel Pit; CUP # 1916.

Duffin asked why Payne & Dolan have the need to extend the hours earlier in the morning.  Mr. Buglass explained that it would be a more efficient use of employee’s time and it also affects work at the Verona processing plant.  Chairman Weber asked if Lloyd or Ruth Klahn had any comments.  Lloyd Klahn said that construction workers start early in the morning.  Ruth Klahn said the noise from the pit is no different than the noise from the tractors in the field and that Payne & Dolan do a good job with dust control.  Motion made by Blomstrom and seconded by Duffin to Approve the Revision of Conditional Use Permit at the Klahn Gravel Pit, CUP# 1916.  Motion carries. 

b.      Land Division and Rezone; Petition # DCPREZ-2012-1050-9.

Morrison asked for clarification on the number of lots created and the zoning.  Mr. Kok explained that there are currently two lots, one 20 acre lot and one 6 acre lot.  They are creating an additional lot 3 of 2.8 acres to build a home.  There is only one building site available.  Lot 2 is zoned LC-1 and the county will not allow a residential building.  Hagemann asked about the future driveway.  Mr. Kok said the driveway will continue on from the existing driveway in a curve as to not bisect the existing farm field.  The driveway will require a bump-out.  Duffin confirmed that they are building on the highest elevation available.  Christensen asked if the lots could be sold in the future.  Brian Standing reviewed the CSM and said the lots could be sold separately, but only lot 3 allows residential use.  Lot 3 will be zoned RH-1, Lot 1 will zoned A-4 and Lot 2 will be zoned LC-1.  A-4 zoning does not allow residential use.  Motion made by Hagemann and seconded by Duffin to Approve the Land Division and Rezone; Petition # DCPREZ-2012-1050-9.  Motion carries.

5.                  Approval of minutes from the last meeting.

Motion made by Wiedenbeck and seconded by Christensen to approve plan commission minutes from Monday, October 15, 2012 with correction to RH-3 under public comments.  Motion carries.

6.                  Appearance by Brian Standing, Senior Planner at Dane County.

Brian Standing appeared to discuss the potential land division on a parcel in the Rural Development Traditional Subdivision planning area.  Mr. Standing read the policy for property in the Rural Development Traditional Subdivision.  Chairman Weber thought the decision to divide was on a case by case basis.  Duffin thought the parcel was in Agricultural Preservation, but it looks like the Plan Commission squared off the areas when drawing the lines for the Rural Development Traditional Subdivision planning area.  Chairman Weber is concerned about a second driveway in this location.  Chairman Weber told Susan Lethem that she should feel comfortable that another building site exists on her property.  Morrison explained that each new lot would require 66 feet of road frontage.  Mr. Standing will give Ms. Lethem a memo stating that based upon the research another building site exists on her property.  The Plan Commission told Ms. Lethem the next steps to take and the costs involved if she decides to proceed with the land division.  Mr. Standing said the number of lots allowed under Rural Development Traditional Subdivision would need to include the existing home.  Mr. Standing reported that the Dane County Farmland Preservation Plan was recertified until 2022.  The County is working with towns to bring the zoning map into compliance.  The town is in good shape, however there maybe a couple of changes.                    

7.                  Public Comments.

There were no public comments.

8.                  Discussion and possible Action re: field driveway on Netherwood Road.

The property owned by Emily Harris is being rented by Josh Trautman.  He has asked to have the field driveway moved to provide a safer entrance to the field.  The Plan Commission agreed and approved of the permit. 

9.                  Discussion and possible Action re: TORC procedures.

Chairman Weber reported that everything was working really well.  The TORC is collecting a lot cardboard.  The average cost per month has only increased $13.22 with the new recycling compactor.  The road crew made room at the TORC to stockpile cardboard if needed.

10.              Discussions and possible Action re: Town’s Submittal Application for Land Division, Rezones and CUP.

This agenda item was tabled to next month.

11.              Communications.

Blomstrom attended assessor school and said the Department of Revenue is re-working the use value fee.  The Plan Commission discussed the presidential election.

12.              Adjournment.

Motion made by Christensen and seconded by Duffin to adjourn the meeting at 7:46 p.m.  Motion carries.


Respectfully submitted,



Jennifer Hanson



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