Town Approves Certified Survey Map After Threat of Litigation

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Kevin Murphy

TOWN OF MIDDLETON–After threat of litigation, the Town of Middleton Board Monday approved a Certified Survey Map (CSM) for an electrical contractor who wants to relocate from the City of Middleton to former farmland here.

For the past few months, the town board has made changes to accommodate Kyle Walser’s request to join two unplatted lots at 4622 Rocky Dell Rd. and build a 10,000-square foot office/warehouse on one and a residence on the other.

Neighbors in the Rocky Dells Estates objected to having a business locate across the road from their subdivision. Despite those objections, the board amended the town’s Comprehensive Plan in May and rezoned 0.7 acres of the former Vosen Farm for Walser Electric’s office/warehouse.

While considering the Certified Survey Map request, last month, Walser’s attorney, Robert Proctor, said he was “blindsided” by the recreational trail easements slated for the 10-acre property. He told the board there could be litigation if the board conditions approval of the CSM on accepting the trail easements, according to July 20 meeting minutes.

The town’s trails map shows planned trails extending along Rocky Dell Road through the property.

The CSM was tabled until Monday night. The board met in closed session to discuss the Walser CSM before taking it up in open session. 

Smaller properties can go through the CSM process instead of replatting.

Town Chair Cynthia Richson said Tuesday that Proctor had objected to the trail easement running between Walser’s business and residence. Last month, the board paused consideration and agreed last night to Town Engineer Rod Zubella’s suggestion to relocate the easement to extend along Rocky Dell Road.

The CSM request was approved. 

Another challenge was Walser’s request to build a residence on the southern lot which may have slopes in excess of 20 percent. By ordinance, the town prevents disturbing slopes of 20 percent or greater unless the slopes were man made.

The CSM request Walser filed in June didn’t show areas of steep slopes, according Vierbicher, Inc. the town’s engineers.

Walser discovered a berm, probably created by Vosen’s excavating equipment, which can be modified, and town staff and Walser will walk the property to identify any unbuildable areas.

“This plan has morphed a lot since it was presented. It’s a unique property…The town is mostly residential and we’ve tried to balance the interests of residents and businesses and making decisions,” Richson said Tuesday.

Walser will have to go back to the Dane County Board of Supervisors for rezoning after the town allowed his request for a business sign not attached to the office/warehouse.

The town will have about one-half of the people working for next week’s primary as it did for the April primary, said Town Clerk Barbara Roesslein. It hasn’t been decided on the state level if National Guard members will be available again.

About 1,500 absentee ballots have been mailed out to date, Roesslein said. Richson encouraged residents to vote absentee.

“We’re hoping people vote safely by mail, for their own safety and our workers.” she said.

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