By Dave Fidlin
Correspondent
A proposal to add a sand and gravel extraction operation to a sprawling farm property in the Town of Waterford is a case of déjà vu for many nearby residents.
Brothers Dale and Greg Himebauch recently filed an application to obtain a conditional-use permit for the proposed mining operation at their property, 33319 Hill Valley Road.
The town’s Plan Commission took up the request June 1. Officials recommended, on a 3-1 vote, to approve the permit with a number of conditions. However, since the motion needed at least four yes votes, it did not pass.
The Town Board could make a final decision this coming Monday, June 8, when it reviews the recommendation. If the Town Board were to vote in favor of the conditional-use permit, the action would be the first in a series of steps toward bringing the operation to fruition. A public hearing would be held before the board gives the Himebauchs the green light to proceed with their proposal.
The conditions outlined by the Plan Commission included prohibiting traffic on Maple Road, completing various surveys and a water table analysis and rezoning the property.
Seventeen years ago, the Himebauchs came before the town with a similar request. A permit was initially issued in 1998, but the town reversed course in 2002 as the land sat idle and a litany of concerns – including noise, increased traffic and impact on the rural character of the area – were raised.
Many of those same concerns bubbled back to the surface this week as a few outspoken opponents took to the microphone and spoke to commissioners. Nearly 50 residents filled the town’s boardroom Monday to hear the deliberations.
Residents who vocalized their concerns included Bob Langmesser, former Town of Waterford chairman.
“This property was never intended to be a mining operation,” Langmesser said. “It was never, ever discussed. The bottom line is this just isn’t the place to put a mining operation.”
Several other property owners, many living near the site of the proposed mining operation, aired a number of concerns, including the possibility of having trucks enter and exit the property as early as 6 a.m.
As an unincorporated community, Town of Waterford officials have limited rights under state statutes. Officials in Racine County have also been reviewing the proposed use of the site and have asked town officials to weigh in on the plans.
If the mining operation were to move forward, the town – even under the scenario of having limited governing powers – could place specific conditions on the property, including the overall operations plan.
“We can change wording,” Town Attorney Michael Dubis said. “We can make it more restrictive.”
If the town does move forward with an outright denial of the conditional-use permit, Dubis cautioned town officials to make a strong case for the reason behind their denial.
In the absence of making such a statement, Dubis said the town could be subject to another lawsuit. The Himebauchs filed a suit against the town in 2002.
“Whatever we say, we need to say it with specificity,” Dubis said.
Commissioner Roy Schmidt was the dissenter of the motion to approve the conditional-use permit. Schmidt said he did not believe enough reasons were given to recommend approval.
Current Town Chairman Tom Hincz serves dually on the Racine County Board. He removed himself from voting on the issue at the county level and took a similar course of action at this week’s Plan Commission meeting.
Editor’s Note: This is a corrected version of the story that originally ran in the print edition of the June 5 Waterford Post. That story incorrectly stated that the Plan Commission denied the request. We apologize for any confusion and also the error.
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Who knows who in this town sure makes a difference.WHAT don’t they understand about the word NO! It was designated as FARMING A-1 NOT Mining! ITS horrible living next to a gravel pit, the noise of mining, the DUST never stops, pounding of the trucks going down the road, the ROAD…I’m assuming they will not put a weight restriction on the road in spring will they if its approved. We don’t have enough gravel pits in this area? Sounds like if they don’t get their way they are going to stomp and pout like two little kids not getting their way and threatening the board with a lawsuit! They should have reimbursed the Town for the last lawsuit! NO MEAN NO! Good Ole Boys Club!
The dictionary defines REPRESENTATIVE as:
A person who represents a constituency or community in a legislative body.
We all now know who the Waterford Town Planning Commission represents.
To the Town Board:
I was always under the impression that the government was supposed to carry out the will of the majority of the people. From what we have just recently witnessed from the vote of the Waterford Town Planning Commission, it appears that it is the will of the majority of the residents living in this area, that this proposed gravel pit not be allowed to be dug. It is now up to this board to either execute the will of the majority, or accede to the bidding of a “special interest group”.
There have already been three other gravel pits dug in the area along Highway 20. Now the owners want the residents to be forced to view more excavation on the corner of Maple Road and Hill Valley Road. If this keeps up, the Town of Waterford will look like a piece of Swiss cheese. This excavation has already been turned down by a previous Town Board. What is so different that it should be allowed now? Besides, both Hill Valley Road and Maple Road are designated as class B roads. Who and how are these weight limits going to be monitored? Who is going to be responsible when the shallow wells in the area start to go dry?
I believe it is time that this board “step up to the plate” and truly represent the will of the majority of the people by denying this excavation to continue. And if there is any doubt in any board member’s mind as to the will of the people, then put the resolution to a vote.
P. S.
As I was writing this, there were 3 dump trucks speeding down Maple Road at about 50 MPH. Maple Road is already a “race track” being used as a quick connection between Highways 83 and 20, adding more traffic is just asking for trouble. Also, who is going to provide enforcement of the 35 MPH speed limit on Maple Road and the 45 MPH limit on Hill Valley Road? And how often? Just because someone says that there will be no truck traffic down Maple Road, doesn’t mean that there won’t be. Is the Town going to hire additional officers to constantly monitor the speed and weight limits on Maple and Hill Valley roads?
Pits open at 6am, doesn’t mean they can start lining up at 5am waiting for the gates to open. Like your windows open- thats something of the past! Enjoy listening to trucks shifting gears hour after hour, dust so thick you can’t see your clothes on the line or able to open your windows! 80K pounds on roads prematurely damage the road and they don’t get fixed because it comes out of the town/village road fund. The fee for a gravel pit to operate is under 500 a YEAR! Weight limits are governed by DOT not your local municipality. If you want them to water the road to keep dust down- have your local town board home phone numbers on speed dial! What about when they want to add an asphalt plant, will the town board bow down again cause there friendship with the Himebaughs is more important than YOU? HOW MANY GRAVEL PITS ARE NEEDED IN WATERFORD? OR IS THIS A CASE OF GREED NOT NEED? LOOKS LIKE WE NEED A RECALL IF OUT BOARD IS NOT SUPPORTING THE ENTIRE TOWN, BUT ALLOWING FRIENDSHIPS TO PREVAIL!
Former Chairman Langmesser is obviously an idiot. “This property was never intended to be a mining operation,” Langmesser said. “It was never, ever discussed. Yet the article clearly indicates it WAS discussed and they had APPROVAL “A permit was initially issued in 1998, but the town reversed course in 2002.” The sad part is the current town chair is just as much of a dullard!