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DCPCUP-0000-00745
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DCPCUP-0000-00745
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Last modified
10/18/2016 8:16:20 AM
Creation date
10/18/2016 8:15:18 AM
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Template:
Rezone/CUP
Rezone/CUP - Type
CUP
Petition Number
00745
Town
Middleton Township
Section Numbers
20
AccelaLink
DCPCUP-0000-00745
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BOARDMAN, SUHR, CURRY & FIELD <br /> Ms. Shary Bisgard <br /> May 17, 1989 <br /> Page 4 <br /> manner in which the issue has been presented to the townspeople <br /> by the Town Board. Indeed, it would be quite unfair to the Town <br /> residents to permit lights at the site under the "governmental <br /> use" conditional use, without the further steps promised to the <br /> residents by the official vote solicitation materials. <br /> I would hope that the outcome of the popular vote on the <br /> Town Hall site would not be considered by the Committee to be <br /> dispositive of the question whether the standards of section <br /> 10.255 (2) (h) are met on this site. The question whether the <br /> majority of townspeople want this site does not necessarily <br /> permit the imposition of extraordinary impacts on the "enjoyment <br /> of other property in the neighborhood" or the "public health, <br /> safety, comfort, or general welfare" that are the focus of <br /> section 10.255 (2) (h) . I am still concerned that the Town has <br /> presented this site to the Committee without any specific plans <br /> to mitigate the concerns about groundwater impacts (no perc test, <br /> specific disposal method or location, or groundwater flow <br /> information had been analyzed as of the date of the May 9, 1989 <br /> hearing) or traffic safety (no preliminary plan was identified to <br /> deal with the significant bicycle or horse traffic, or heavy <br /> traffic flow that would ensue if the site is developed in this <br /> hilly region) . I do not feel it is appropriate to grant a <br /> conditional use permit on the assumption that the standards of <br /> section 10. 255 (h) will be met at some time in the future by <br /> actions of the Town which it cannot identify at this time. <br /> Perhaps additional conditions should be attached to the <br /> conditional use permit requiring submittal of satisfactory plans <br /> to address these concerns. <br /> Nonetheless, it cannot be denied that the majority of <br /> townspeople (all but two dozen or so of whom do not live within <br /> sight of the land) favor the purchase of this site to " . . .con- <br /> struct a new Town Hall Center facility. . . . " The Committee can <br /> accommodate that expressed desire, and at the same time fully <br /> honor the specific requirements of the Dane County Ordinances as <br /> to the intensive uses of ball fields, and lights on ball fields, <br /> by, at a minimum, adding a condition to the conditional use <br /> permit that none of the uses specified in subsections 10. 10 (1) (a) <br /> or (2) (b) be conducted at the site without the further action of <br /> the Committee as required by said section 10. 10. No reasonable <br /> objection to such a restriction can be made by the Town, at least <br /> as to lights, and the application of subsection 10. 10 (2) (b) , <br />
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