Developer still hasn't filled in the blank on plans

Panel takes no action while awaiting more information

Aug. 15, 2012

Mequon - A developer's controversial proposal to dump more than 60,000 cubic yards of fill at the southeast corner of Oak Shore Lane and Freistadt Road remains in limbo after officials took no action Monday.

Developer David Leszczynski brought his request back to the Plan Commission this week after providing a similar one to officials in April. As with the previous request, dozens of residents filled the council chambers and were against the proposal.

Leszczynski in April tied the fill request to a 42-acre subdivision he was planning to build. Leszczynski has since withdrawn his application to seek rezoning for the subdivision, but acknowledged a right to have it resubmitted in the future.

Limited detail

In a report, Kristen Lundeen, engineering services manager, said about 5,000 truckloads of fill would be necessary to fulfill Leszczynski's request.

"The typical dump truck used to haul fill materials carries 10 to 15 cubic yards, depending on weight," Lundeen said.

Leszczynski has declined to specify why he is continuing to seek permission to place the fill on the site, even though there are no active requests to build on the land.

The lack of detail was one of several concerns raised by nearby residents - many from the Deer Trail subdivision.

Residential concerns

A total of 15 residents spoke directly to commissioners in opposition of the fill request. At least another 15 residents indicated opposition to the plans, but did not speak to the appointed body. No one spoke in favor of the plans.

Corley Davis, who lives across the street from the site with her husband, Brian, and infant child, said she and her husband chose their home for a number of reasons, including the location.

"This land has been treated as a dumping ground," Davis said of the proposed fill site.

Resident Wendy Porterfield, who has been living in her Oakshore Lane home for 18 years, expressed concern the fill work could result in flooding for all of the area properties because the work is taking place along the Milwaukee River.

"I don't plan on going anywhere - I like it there," Porterfield said. "But I'd like to know why this is being proposed. What is the secret? What is the plan?"

Pat Marchese, a resident as well as Ozaukee County Board supervisor, implored city staff and elected officials to collaborate on the full scope of the request.

"What you need is an integrated review of this proposal, not having people look at it in silos," Marchese said.

Still tabled

When commissioners initially took up Leszczynski's request in April, it was tabled. To deliberate and take any further action, commissioners needed to take the issue off the table when it was revisited Monday.

None of commissioners voted to remove the agenda item from the table, meaning the proposal remains in limbo for an unspecified period of time. No reasons were given for the continued tabling.

If and when plans do proceed for the fill request, Lundeen said Leszczynski would need to specify where the fill is coming from. City officials could test the material before it is placed on the site.

Lundeen said commissioners need to approve any fill requests that exceed 1,000 cubic yards.


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