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March 20, 2017 2IPage Re: Hoffman Construction Conditional Use Permit Application, #DCPCUP-2017-02373 Dear Members of the Town of Albion Town Board and Planning Commission: We represent the Mallwood Estates Improvement Association ("Mallwood") and submit this letter to provide additional comments relating to the Conditional Use Permit application of Hoffman Construction (agent for Eastman Hunting Club, Inc.). Considering comments and questions at the March 7, 2017 meeting and other comments from members of the Town of Albion community,we believe the comments and concerns set forth in this letter reflect concerns shared by the majority of the community and Town of Albion residents. At the Planning Commission meeting on March 7, 2017,multiple areas of concern were noted and discussed,multiple questions were posed regarding Hoffman's planned operation and different views regarding the impact of the proposed operation were debated. Hoffman's agent and attorney offered various responses and attempted to quell the palpable opposition in the room. In some respects,their responses proved helpful and provided information on aspects of the operation that were not apparent from the application materials. In other respects,they failed to directly respond to valid questions and concerns and/or gave cause for the participants to have even greater concern. However those responses were received, it was apparent that the Town of Albion and the public simply did not have (and still do not have) enough information regarding the proposed mining operation to grant the permit application. First,even the seemingly helpful statements made by Hoffman's representatives were largely not reflected in Hoffman's application materials or even tied to the application in many respects. Statements at the Town meeting that nearby residents"won't be able to hear the operation",that"berms will fully screen the operation from view"or that Hoffman will be"a good neighbor"are not reflected in the application submitted to the Town Board and are not statements Hoffman would be legally held to. To that end,we appreciate that the Town scheduled a second meeting and invited the public to submit proposed conditions. However,as discussed below,we do not believe conditions can cure the Hoffman's otherwise defective application or provide adequate reason for the Town to grant the permit application. Second,many of the statements made by Hoffman's representatives reinforced numerous legitimate concerns of the public. We are in receipt of the letter submitted to the Town by Attorney Matthew Fleming on March 16, 2017 and concur in his well-stated explanations of concerns regarding this proposed operation, in addition to other concerns discussed at the March 7th meeting. Many of these concerns,including traffic and safety concerns,the possibility of environmental damage, eliminating a designated open space, 44 East Mifflin Street Suite 1000 Madison,WI 53703 608.255.7277 www.wheelerlaw.com