MONROE - After postponing in March a vote on whether an appeal issued regarding an investigation into Bytec Resource Management's use of its three holding tanks along County C violated time requirements, the Green County Board of Adjustment decided during a meeting on Aug. 29 that the appeal was not timely enough to warrant further consideration by the board.
Made in January, the appeal calls into question the results of an investigation made by Zoning Administrator Adam Wiegel. It was filed by Jim Weber, who owns 700 acres near the tanks and is a part-time resident of Adams Township.
Wiegel provided a conditional use permit to Bytec to build a 1.8-million-gallon tank to replace two current tanks on Oct. 26. This was after a public hearing in July 2016, during which 14 neighbors came forward calling for its denial due to a diminished quality of life as a result of Bytec tanks in the area.
Tanks on the site hold liquid waste. Bytec, a Monroe-based company, specializes largely in hauling, storing and recycling leftover materials from cheesemaking companies.
After an appeal by Bytec owner Stephan Byrne, Wiegel determined Bytec had not violated its conditional use permit. Weber said at the time that residents were shocked to see the area being prepared for development.
Board members decided to table their decision on the timeliness of the appeal because of a lawsuit filed by Weber and seven Adams Township residents who live near the holding tanks, a result of the new tank development and Bytec's approved appeal.
During a court proceeding in March as part of the lawsuit, Bytec voluntarily committed to a stay against development on the site. As a result of this, the Board of Adjustment determined Bytec should not be penalized for not meeting time requirements for work on the premises per the conditional use permit.
Bytec lawyer Dan O'Callaghan of Michael Best law firm beseeched the board to simply decide according to its standing rules rather than "hypotheticals" put forward by Peter Kind, who represents Weber and the other residents like James and Pamela Scheider and Richard and Martha Ladwig, who also filed appeals to the board requesting evaluation of the site.
James Scheider has health issues Kind and plaintiffs argue were caused by contact with substances in the tank, resulting in chronic issues that continue to place him in the hospital. Both the Scheiders and Ladwigs asked the Board of Adjustment evaluate the site.
However, Wiegel said during the meeting that an investigation had been concluded and any requests to re-evaluate the site would be deferred back to the original decision made in 2013 when the board determined all tanks would be permitted. Part of Weber's appeal claimed the tanks were not properly permitted because the company did not inform the county within 60 days that the property had been transferred to a new owner as part of a trust.
A penalty cannot be placed on a permit holder after a violation may have happened, only if it is found to be true during the course of an investigation, Wiegel added.
Board of Adjustment attorney John Bruce of Schober & Mitchell S.C. in New Berlin advised members not to make a decision on the other two appeals filed by the Scheiders and Ladwigs because the "record is confused" due to a number of items of correspondence and other documents. The board agreed to further discussion during its meeting scheduled for Sept. 26.
Made in January, the appeal calls into question the results of an investigation made by Zoning Administrator Adam Wiegel. It was filed by Jim Weber, who owns 700 acres near the tanks and is a part-time resident of Adams Township.
Wiegel provided a conditional use permit to Bytec to build a 1.8-million-gallon tank to replace two current tanks on Oct. 26. This was after a public hearing in July 2016, during which 14 neighbors came forward calling for its denial due to a diminished quality of life as a result of Bytec tanks in the area.
Tanks on the site hold liquid waste. Bytec, a Monroe-based company, specializes largely in hauling, storing and recycling leftover materials from cheesemaking companies.
After an appeal by Bytec owner Stephan Byrne, Wiegel determined Bytec had not violated its conditional use permit. Weber said at the time that residents were shocked to see the area being prepared for development.
Board members decided to table their decision on the timeliness of the appeal because of a lawsuit filed by Weber and seven Adams Township residents who live near the holding tanks, a result of the new tank development and Bytec's approved appeal.
During a court proceeding in March as part of the lawsuit, Bytec voluntarily committed to a stay against development on the site. As a result of this, the Board of Adjustment determined Bytec should not be penalized for not meeting time requirements for work on the premises per the conditional use permit.
Bytec lawyer Dan O'Callaghan of Michael Best law firm beseeched the board to simply decide according to its standing rules rather than "hypotheticals" put forward by Peter Kind, who represents Weber and the other residents like James and Pamela Scheider and Richard and Martha Ladwig, who also filed appeals to the board requesting evaluation of the site.
James Scheider has health issues Kind and plaintiffs argue were caused by contact with substances in the tank, resulting in chronic issues that continue to place him in the hospital. Both the Scheiders and Ladwigs asked the Board of Adjustment evaluate the site.
However, Wiegel said during the meeting that an investigation had been concluded and any requests to re-evaluate the site would be deferred back to the original decision made in 2013 when the board determined all tanks would be permitted. Part of Weber's appeal claimed the tanks were not properly permitted because the company did not inform the county within 60 days that the property had been transferred to a new owner as part of a trust.
A penalty cannot be placed on a permit holder after a violation may have happened, only if it is found to be true during the course of an investigation, Wiegel added.
Board of Adjustment attorney John Bruce of Schober & Mitchell S.C. in New Berlin advised members not to make a decision on the other two appeals filed by the Scheiders and Ladwigs because the "record is confused" due to a number of items of correspondence and other documents. The board agreed to further discussion during its meeting scheduled for Sept. 26.