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William J. Fleck August 14, 1985 Page 2. 4. Application for a conditional use permit for a mineral extraction operation or for a hot mix blacktop mix plant or ready mixed concrete plant, shall be submitted to the Committee for a public hearing and approval. The conditional use permit shall be for a period of time stated in the application or as modified by the Committee. Modification of the application or reclamation plan may be permitted or additional conditions may be required upon application. The Committee shall consider the effect of the proposed operation and the proposed reclamation upon existing and future conditions, including streets, neighboring land development, land use drainage, water supply, water pollution, air pollution, soil erosion, natural beauty and land value of the locality. The Committee may approve, approve conditionally, or reject the application and reclamation plan. These items had not been completed by Herman Erb, or his agent, prior to approval of the zoning changes. Thre are still many additional unanswered questions at this point, including, but not limited to, where will water come from to run a hot mix plant and where will waste water go, as well as where will berms, ponds, and waste disposal areas be? II. Statutory Protest was taken away from owners of surrounding property when the outer 300 feet of the original 80 acres was removed from the zoning request. This was flagrantly against their property rights. III. Insufficient notice of the hearing was given to local people. In addition, the town board has failed to provide a listening ear to local concerns, showing no empathy for the residents. IV. The Department of Natural Resources has not yet inspected the area, but are scheduled to do so on August 23. It is our belief that part of the wetlands is actually a tributary of Koshkonong Creek and is, therefore, protected from the rezoning request. We would ask that members of the Zoning Board accompany the DNR official on August 23. V. Consolidated Paving is anticipating moving their hot mix plant to the Herman Erb property, dismantling their current plant located on the property which has been willed to Dane County from Russel McCarthy. To this point, a reclamation plan for the McCarthy property has not been determined. We feel it is in the best interest of Dane County to continue to lease this property to Consolidated rather than to pour considerable county funds into that property. VI. In addition to the above items, under Section 10.127 A-3, the following standards relative to Conditional Use Permits must be met, or "No application for a conditional use shall be granted by the zoning committee." 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort, or general welfare. 2. That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by establishment, maintenance, or operation of the conditional use.