Public Comments
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Greg Ambrosius
Today I would like to thank the County Attorney for explaining what Act 67 is to the board at the last meeting. Act 67 was never fully explained to the board or even mentioned in the packet the board received in July and yet at the August 22nd meeting Diane and Chairman Nygaard told the board they MUST approve the permit because of Act 67.
In fact, she is quoted in the Faulks Bros. suit as saying, quote “by not approving the CUP with the 29 conditions attached, this body is not complying with the statute.” Unquote.
That was false and bad legal advice. Act 67 says: Quote “If an applicant for a conditional use permit meets or agrees to meet ALL of the requirements and conditions specified in the county ordinance or those imposed by the county zoning board, the county shall grant the conditional use permit.” Unquote.
See, Act 67 has two parts to the equation. The applicant MUST meet ALL of the requirements in the county ordinance and agree to the zoning board conditions. If they do both, not just one, then the county MUST grant the conditional use permit.
But if they don’t meet all of the requirements in the county ordinance, the county MUST deny the CUP. It works both ways. That’s why Diane read all seven requirements from Waupaca County ordinance Chapter 34.
Number 3 among those requirements is a slam dunk AGAINST this permit. It says: Quote “The proposed conditional use will be consistent with ALL RELEVANT ASPECTS of the Town and County Comprehensive Plans.” Unquote.
Town Chairman Gary Marx answered this for you on pages 50 through 111. This board even provided the questions and the Township answered them. They are:
No. 1.What are the existing uses of adjacent lands to this parcel and are they compatible? Answer: NO
No. 2.Is the proposal consistent with the Town Comprehensive Plan? Answer: NO
No. 3. Is the proposal consistent with the Town Goals, Objectives & Development Strategies as found in the Town Comprehensive Plan? Answer: NO
This is substantial evidence that this permit does NOT meet the standards of your county ordinance. And there are other examples in your packet that show substantial evidence against requirements 1 and 2 as well.
Number 3 will never be in compliance with the Township’s Comprehensive Plan because of the location of the mine. It also will never be compatible with the uses of the surrounding land or be consistent with the Town Goals, Objectives and Development Strategies.
Not only is this un-American to go against the municipalities’ decision, it’s not legal. You can not approve a permit that is not in compliance with your own county ordinance. If you approve this permit, every Comprehensive Plan in the county and the state will be worthless. Legally, you MUST deny this permit based on your own county ordinance. Thank you.
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Build it.
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Grow it.
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Sell it.
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Make it.
It all begins with an idea. Maybe you want to launch a business. Maybe you want to turn a hobby into something more. Or maybe you have a creative project to share with the world. Whatever it is, the way you tell your story online can make all the difference.
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Share it.
It all begins with an idea. Maybe you want to launch a business. Maybe you want to turn a hobby into something more. Or maybe you have a creative project to share with the world. Whatever it is, the way you tell your story online can make all the difference.