DCPCUP-2016-02362 - Laserfiche WebLink

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Judge Pekowsky stood in her driveway and made a ruling that there would never be an expansion of the quarry north of Sandy Lee Lane. She further stated that Dane County put it in the CUP and then it was taken out of the CUP without anyone knowing about it. Steve Berg asked the Town Attorney Hughes,what form would Judge Pekowsky's statement have to be an order for that to be binding. Town attorney replied that he is unfamiliar with what that is but if it is his opinion he would not like to see it go beyond that. I guess legally stating a fact or condition in a previous CUP does not mean in a new application you have to impose the exact same condition to the extent it was a condition. Pat Nimmow asked Ms. Godfrey if the blasting stopped when the permits expired? Ms. Godrey replied that the blasting stopped but they probably continued to blast after the CUPs expired because no one notified the neighbors they had expired. Julie Backenkeller, 3400 Sandy Lee Lane. She began by stating that she was quite surprised more neighbors are not here at the public hearing. She further questioned if there would be more in attendance if the notice area was more than 600 feet of the quarry. She is concerned about the cemetery. The new application has them blasting right up to the cemetery. The cemetery is protected under Wisconsin statutes. She has talked to residents in Burke Estates. They told her they can feel the blasts up and down Burke and Reiner roads. She did not find one neighbor who was in favor of the quarry expansion. At the county meeting,Madison Crushing stated this expansion was to make money. She understands the mine has been in existence since 1969 but it is now 2017 and the Town and city of Madison have allowed a lot of development in this area. She further stated that when she bought her house all she could see was farm fields and did not know there was a quarry until she received a blasting notice and her house started shaking. She stated that the neighbors paid thousands of dollars in a lawsuit against the quarry. When they made the decision not to go north of Sandy Lee Lane,she doesn't think that judge was assuming that would only last for 5 years with that CUP. In her opinion,the decision was made and the land north of Sandy Lee Lane should remain ag land and not be blasted. Further stating that out of respect for the three homes right up under the nose hair of where they want to blast—not very neighborly. She stated further that the CUP that expired on February 14,2016,has been issued a reclamation order from the county to begin reclamation. The quarry states in their letter to the county that they have 10 years of material to be extracted from the original quarry area. Ms. Backenkeller questioned what the Town is Burke is going to look like 10 years from now with expansion? Why should the rest of us loose property values and be inconvenienced with the dust,blasting and noise that goes along with the quarry. The quarry has the grandfathered area that they can blast away for the next 10 years and then in 10 years see what is going on out here. Brigit Parlow,3397 Sandy Lee Lane. She built her home in 2008 and was never told there was a quarry across the road. She has continued to make improvements to her home. She recalled the first blast she experienced and it knocked pictures off the wall, cracked the basement foundation,and scared the dogs—all causing general upset. Last fall she learned about the expired CUP and heard about the renewal and expansion. She stated that she personally went to Madison Crushing and asked to be added to the blast 2