Waupaca County Board of Adjustment continues appeal hearing over Iola Old Car Show non-metallic mining permit

Chair A. Richardson called a public hearing to order at 9:10 a.m. on Oct. 21, 2024, to consider an administrative appeal of a Conditional Use Permit (Non-Metallic Mining) for approximately 58.75 acres owned by Iola Old Car Show Inc. in the Town of Scandinavia, Waupaca County. The Board accepted procedural changes to its agenda and heard expert testimony, public comment and legal argument before adjourning to continue the hearing the following Friday at 9 a.m.

The appeal concerns a Conditional Use Permit for non-metallic mining on parcel 17-01-41-2, described in the record as lying between County Road J and Olson Road. Chair A. Richardson presided; the Board approved the meeting agenda (motion by P. Leder; second B. Abba) and the July 29, 2024 meeting minutes (motion by Secretary J. Fulcher; second M. Strebe) before opening the hearing. Attorney Crystal Fieber asked the Board to reorder portions of the hearing procedure; the Board approved that procedural change on a voice vote (5–0).

Applicant representatives presented technical evidence. John Faulks (President, Faulks Bros. Construction) said the wetland delineation for the site is complete; the Board questioned him. Professional geologist Mark Krumenacher provided geologic testimony and answered follow-up questions. Wisconsin Certified Land Appraiser Scott MacWilliams and land appraiser Kurt Kielish offered valuation opinions introduced by counsel for the appellants and the applicant. Scott Konkel, Senior Planner with the East Central Wisconsin Regional Planning Commission, responded to planning-related questions. Jason Snyder, Waupaca County Zoning Administrator, presented the staff report and discussed the Town Recommendation form; Counsel agreed to waive a full reading into the record.

Appellants’ counsel Christa Westerberg presented multiple exhibits and binders (Exhibits 52, 54 and 55 were referenced in the record) and called witnesses including Laura Scott and Ron Scott to describe neighborhood and property impacts. Counsel for the applicant, Atty. Charles Sweeney, interposed objections at times (including objection to references to outcomes in other sand-mine cases). Counsel and witnesses debated the scope and relevance of prior-case references and evidentiary items.

During the public comment portion, multiple residents and property owners addressed the Board about potential impacts to wetlands, property values and neighborhood character. Speakers included Joanne Mentzel (reading a statement from Ken Mentzel), Maddy Palm-Leis, Donna Mummery (N7232 Olson Road), Zoey Nelson, Connie Freeman and others. The Planning and Zoning Clerk, Becky Landre, read into the record written correspondence received after Oct. 7, 2024; material submitted on or before Oct. 7 had already been provided to the Board and made part of the record.

After public comment the applicant’s attorney, Atty. Charles Sweeney, delivered rebuttal remarks; Krumenacher returned to clarify geologic testimony and was asked to limit new statements to matters raised since his earlier testimony. Appellants’ counsel provided closing arguments. Chair Richardson then asked if the Board had further questions; none were raised.

Votes at a glance: - Procedural order change (swap items E & F): motion by B. Abba, second P. Leder; voice vote: 5 ayes, 0 nays — adopted. - Approve agenda: motion by P. Leder, second B. Abba — motion carried (vote tally not specified in record). - Approve July 29, 2024 minutes: motion by Secretary J. Fulcher, second M. Strebe — motion carried (vote tally not specified in record). - Adjourn and continue hearing until Friday at 9:00 a.m.: motion by B. Abba, second P. Leder; voice vote: 5 ayes, 0 nays — approved.

The Board recessed several times for breaks and a lunch recess; the session was extensive and will resume at the scheduled continuation date. No final decision on the Conditional Use Permit was made on Oct. 21. The Board’s record for the appeal includes technical exhibits, expert testimony, and written and oral public comment that will be part of the continued hearing.