Douglas County may be required to issue permit despite opposition

SUPERIOR — Residents in the town of Superior near Twin Creek and Hudacek roads are opposed to a plan to develop a concrete batch plant on Twin Creek Road.

Town officials agree that a conditional use permit necessary for the project should not be issued. The Superior Town Board voted to deny the permit July 12.

But the Douglas County Zoning Committee is ultimately responsible for the decision, and their hands could be tied in denying the conditional-use permit for the plant without substantial evidence that conditions of the permit would not be met.

Mary Lou Bergman, zoning chairperson, said she’s not sure the county has enough measurable cause to deny the permit.

On Wednesday, Aug. 9, the panel voted to hold the matter in committee to gather more information. Conditions must be reasonable, practicable and measurable, and any decision to approve or deny the permit must be supported by substantial evidence, according to state law.

Robin Schaffer, zoning coordinator, said the town provided a letter explaining the board’s decision.

“The main concern is that Hudacek Road will not stand up to the weight of the truck traffic that would be required for the business,” Schaffer said.

After checking with Douglas County Highway Commissioner Jason Jackman, Schaffer said it was determined that it would be cost prohibitive for the town to upgrade the road. Estimates placed the cost at $67,000 for gravel placement and about $236,000 for asphalt, and estimates did not include the costs for shoulder widening, if necessary, Schaffer said.

“Traffic was significant for the town,” Schaffer said.

“I understand that the road isn’t where it needs to be for the truck traffic,” said Brandon Greenfield, the applicant seeking the permit to operate the concrete batch plant. “The road isn’t where it should be just as a regular road.”

To get to Wisconsin Highway 35 from Twin Creek Road, traffic would have to travel on Hudacek Road to Baumgartner Road.

“I live about a half mile from the proposed plant … it’s not a matter of just adding gravel,” said Steve Glonchak of Hudacek Road. “The road’s not wide enough. Each Wednesday morning when the garbage truck comes down the road, you need to pull off the road. I’ve actually been in a ditch twice with a bus on the road. I don’t know if you’ve been on Hudacek Road. It’s not a two-lane road. So the concept of a cement truck — a 75,000-pound loaded cement truck — it just won’t work.”

Glonchak said Jackman recommended hiring an engineer to determine how to widen the road.

“Is this something we might hold pending further information?” Bergman asked.

Schaffer said that would be up to the committee; however, the committee may want to consider additional information such as the type of equipment that will be there and the nature of the truck traffic that would be in the area. Shaffer would like to see a more detailed site plan and elimination of a second driveway drawn in the plan that is prohibited under the county’s zoning ordinance.

“Will there be blasting in the area?” Supervisor Jim Borgeson asked.

Greenfield said he plans to truck in gravel and sand needed for the operation. The plan is to truck in materials during the winter months when the roads are frozen, he said.

The current plan is for a temporary plant for the 2023 and 2024 construction seasons.

Greenfield's goal is to determine if the business is feasible before purchasing land for a permanent operation. He said the operation could remain on the Twin Creek Road site if he is responsible for changes to the road.

“We just heard how much it’s going to cost to even come close to upgrading the road,” said Chuck Pettingill of Love Road “What happens if two years down the road and Brandon says he can’t make it. The damage is done. Who’s going to pay for it? … he pulls out and we’re left with a worse road than we have right now.”

The Zoning Committee will consider the conditional use permit when it meets Sept. 13.