A state Division of Hearings and Appeals Judge heard 11 people state their opposition to the Grand Cambrian Resort development along the Lower Dells of the Wisconsin River, while six stated their support.

Judge Jeffrey Boldt conducted the hearing on the permits for grading and filling a small wetland granted by the Department of Natural Resources for the Grand Cambrian Resort Tuesday in the Baraboo Civic Center. The hearing opened Monday and was expected to continue through Friday. Tuesday night's session was reserved for public comment. The sessions the rest of the week were for expert testimony from the Grand Cambrian developers and those opposing the resort who challenged the permit. Boldt said a decision will be issued at a later date.

Boldt opened the hearing by asking people to sign up to speak, but when the lists were collected, a number of those in the hearing challenged opposing the project had signed up.

Grand Cambrian attorney Ken Axe objected to the challengers speaking in the public session.

To speak in both the public session and as a challenger was "fairly unusual," Boldt said and would be "unduly repititous."

Attorneys Christa Westerberg and Peter McKeever representing the Concerned Citizens of Newport, River Alliance of Wisconsin and other individuals opposed to the permits granted by the DNR, agreed to keep those individuals until the end and Quinn Williams, an attorney with the Department of Natural Resources, Bureau of Legal Services, representing the DNR also agreed.

The first to voice opposition to the project was Elizabeth Lewis of Madison, who served for 26 years on the Dane County Parks Commission. She said whatever can be done to stop the resort or ameliorate its effect should be done. "Why should the public give up an unbroken shoreline?" she asked in her prepared statement. She also said the city of Wisconsin Dells had land available that is not in the river corridor that could be developed. She concluded her remarks by saying she wished the money that was being spent on the hearing had been spent in protecting the land.

Jean Dyer Reese, granddaughter of H.H. Bennett, said she was at the hearing representing her family. Noting she was related to the George Crandall, who first bought and protected the river corridor, said, "They all died and left me. Let's not build anything else on the river bank. You're stuck with it forever." She also said that Crandall knew it was up to private individuals to protect the river.

Reese was followed by Jennifer Gaber of Madison, who read an article that said tourism was "ravaging the earth." She said she opposed more development on the river.

John Andersen of Wisconsin Dells also spoke against the project. Noting that he had moved to the Dells area in 2005, he said he was disgusted with the destruction of natural resources for private gain. The DNR, he said, had the opportunity to set standards for the protection and preservation of the Lower Dells.

Boats support resort

He was followed by Dan Gavinski, president of Dells Boats and Original Wisconsin Ducks, speaking in favor of the resort. Gavinski, a Dells alderperson, related how the city had negotiated with the developers to cause the least amount of damage and to ensure the buildings were not visible from the river. He said the developers first proposed a two-story building on the bluffs within 75 feet of the river. However, by holding up an orange tarp, Gavinski and former Mayor Craig Casey had the developers move the building back. Then Gavinski said Casey asked the developers to build a one-story building and the developers agreed. He also said they walked the shoreline with the developers and asked them to move the hotel building back, but beyond 130 feet a rock outcropping would have to be destroyed to build, so that is where the city agreed the hotel could be built.

Gavinski was followed by Tom Diehl, owner of Tommy Bartlett Inc, who said the Dells has been a balance between natural beauty and development and the resort was a natural extension of development in the Dells. He said the compromises made by the developer address the scenic beauty issue.

Next on the stand was Stephanie Czuprynko of Lake Delton, whose home will be across the river from the Grand Cambrian. She said she was not opposed to the project. Ron Flock, one of the developers of the project, has shown good intentions with the project. "You can see my house from the river. No one has asked me to tear it down."

Jackie Flock Wimmer, of Baraboo, Ron Flock's daughter, spoke for the project and explained the history of the land. For a number of years, the land was owned by Edward Baggot, and he operated boat tours from it. After his tours closed, the 108 acres were offered for sale for 17 years, she said. During that time, Baggott contacted the Sierra Club, the Aldo Leopold Foundation and the DNR offering them the land. Baggott was asked to donate the land, she said. In the 17 it was vacant, not one individual or group would agree to pay for it to protect it.

A dream or desecration

Her father, she said, bought the land in 2002. "It was his dream," she said, and that now "one man's dream is another's desecration." While she said a development free of restriction would be suicidal, the area could have been a natural park, but if it were then the private owners along the river would have to leave. Wimmer called those who live along the river but oppose development as hypocrites.

In 1907, John Nolen recommended that the Dells of the Wisconsin River become a state park, along with three others. Only the Dells did not become a park or state owned land until 1995 when the Dells Boat Company sold its holdings to the DNR. It established state natural areas along the river, including one adjoining the Grand Cambrian site.

After Wimmer, Anita Nelson of Newport, spoke against the project, saying, "we are caretakers; we have to keep an eye on development." Nelson, who farms and with her family owns the Thunder Valley Inn, objected to the city having annexed the site from the town of Newport. Newport, she said, is trying to maintain a rural atmosphere and development conflicts with agriculture. "Wisconsin Dells is developed to the hilt. We need a moratorium on development."

Kolby Hirth of Middleton said she paddled a canoe on the river and opposed the project, although she said she had not ever paddled past the Grand Cambrian site. She said the resort was not in the public interest.

Ed Lukaszewicz of Newport said his house is on the river but back 200 feet because he is trying to preserve the trees along the river and they shield the house from the river. "I only see the river in the winter. Government has failed us. The land should not have been annexed," he said adding that if it had not been annexed Newport would have kept the land in its natural state. Having 1,000 people at the resort next to a natural area would destroy it, he said.

In response to questions from the attorneys, he said he would not have built his house if people had objected. He also said he had protested the jet boats on the Lower Dells and would rather not hear the trains that pass near his property. Power lines were OK, he said.

Tom Scharbach of Delton said he had no objection to development along the river as long as it is appropriate, but he said he could not reconcile the Grand Cambrian with the natural beauty. He focused on the development's Web site which either misleads buyers with its claims or misleads the DNR. If the guests can see the river, then the building will be seen from the river. He said the resort would "change the character" of the river.

Scharbach was followed by Waldo Peterson of Madison and Mirror Lake to the witness stand. Peterson said he had never been on that stretch of river but the government has the duty to protect the public from corporate interests. Too many corporations do not think of the public, he said. He asked that the plans be looked at closely.

Joseph Jakubow, of Lake Delton a supporter of the project, said the city needs the project for economic reasons, but Judge Boldt said the hearing was not dealing with economic issues. Jakubow also expressed sympathy for Flock, saying everyone was ganging up on him.

Karl Pace of Janesville also spoke for the project saying he enjoyed seeing things — people and buildings — along the river. "Sometimes things can be built that make nature better."

Pace seemed to be the last one who had signed up to speak, so Boldt adjourned the hearing, but then two more speakers came forward.

Kristie Helland of Newport said she opposed the project because of concerns about noise from the project and harm to wildlife. Helland, who lives in a home along the river, next to the site, said it was a shame that the land had not been bought for preservation and that she was not against development per se. The resort developers could find other ways and places to develop, she said.

The final speaker offering comments on the project was the Rev. Joan Smoke, pastor of Holy Cross Episcopal Church, who began by quipping that she represented the original owner of the property. She said she had paddled through the area and would like to see it remain the same.