MINUTES
CASCO TOWNSHIP PLANNING COMMISSION
REGULAR MEETING
DECEMBER 20, 2005
Present: Members McKenzie, Stevens, Reeve, Ruemenapp, Baumgarten, Czenkus, and
Page; also present Planner Jocelyn Wenk, Jim Edwards, Lonny Dziegelewski,
Patricia Dziegelewski, David Moon, Stacy Sturkett, Ken Kulin, Terry Manicotti
Absent: None
1. CALL TO ORDER
The meeting was called to order at 7:02 p.m., by Chairman Ruemenapp
2. PLEDGE TO THE FLAG
The Pledge to the Flag was recited.
3. APPROVAL OF MINUTES - NOVEMBER 15, 2005
It was moved by member Stevens and seconded by member Page that the minutes of
the meeting held on November 15, 2005, be approved as presented.
Ayes: Members McKenzie, Stevens, Reeve, Ruemenapp, Baumgarten, Czenkus, and Page
Nays: None
The motion carried.
4. APPROVAL OF AGENDA
It was requested that Number 9. A. be moved between Numbers 7 and 8.
It was moved by member Stevens and seconded by member Page that the agenda be
approved as amended.
Ayes: Members McKenzie, Stevens, Reeve, Ruemenapp, Baumgarten, Czenkus, and Page
Nays: None
The motion carried.
5. COMMUNICATIONS
A communication titled, "Legislative Issues of Interest to Subwatershed Groups"
from SEMCOG was presented. It was stated that No. 1 mentions local zoning and
ordinances.
6. DISCUSSION FROM THE FLOOR
December 20, 2005
Page 2
There was no discussion from the floor.
7. PUBLIC HEARING
There was no public hearing.
9. NEW BUSINESS
A. JIM EDWARDS - HOME OCCUPATION
Planner Wenk stated that they are recommending approval of the Home Occupation
request subject to the following issues:
1. C. Additional information is needed to determine whether or not this standard
is met: the Applicant should submit information regarding the ground floor area
of the house.
1. D. The Applicant should provide additional information verifying that no
goods or services will be sold on the premises other than those related to the
Home Occupation.
1. E. The Applicant should confirm that the Home Occupation does not require
alterations to the pole barn, and the Applicant should submit additional
information regarding equipment/machinery that will be used (such as a list of
equipment/machinery used by the Home Occupation).
1. F. The Applicant should submit information regarding anticipated employees,
if any.
1. G. If proposed, a sign must adhere to the standards of Section 13.23.G.
regarding a sign.
1. H. The Planning Commission must make a finding that this standard, that the
occupation shall not be detrimental to the surrounding uses and overall
character of the district, is met.
1. I. The Applicant should provide information confirming that the home
occupation will not result in storage and/or disposal of hazardous substances in
excess of that customary in a residential area.
1. J. The Planning Commission must make a finding that the standards on the
occupation not producing noise, wastes, odors, traffic, or similar side effects
not customary in a residential district are met.
2. The application should be revised to indicate that the existing zoning of the
subject site and surrounding properties is R-1 Rural Residential.
The Planning Commission asked the Applicant what the truck parked outside the
pole barn was used for.
Mr. Edwards stated that it was used to ship parts back and forth.
The Planning Commission stated that everything pertaining to the Home Occupation
must be in the pole
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barn, so Mr. Edwards should park the truck inside the pole barn when it wasn't
being used.
Mr. Dziegelewski stated that this past summer, there was a lot of noise coming
from the pole barn. He stated that there were also a lot of semi trucks parked
in the road and that a tractor was used to unload these trucks while they were
in the road which caused a traffic problem. He also stated that he worked nights
and watched his children during the day. He stated there was a lot of pounding
and banging coming from the pole barn. He reported that his lights flicker every
time the air compressor comes on. He did say that he had contacted DTE and the
transformer had been replaced. Mr. Dziegelewski stated no activity had taken
place since the transformer was replaced, so he doesn‘t know if the problem has
been resolved. He stated that his objection to the business was to the noise,
the traffic, and the electrical issue.
It was asked how many pieces Mr. Edwards turned out.
Mr. Edwards stated that he does about 1,000 pieces per month. He stated that the
company had gotten behind and that was why they shipped pieces by semi trucks.
He also stated that they have now caught up with the work load and there would
be no more semis as he would be picking up and taking back the pieces in his
truck. He also stated that the noise occurs when the machine kicks the pin out
and it hits a steel plate.
Mrs. Dziegelewski stated that the noise was so loud one night that she and her
children could not sleep.
It was asked how many hours Mr. Edwards runs his business.
Mr. Edwards stated that now that they have caught up, it is about 10 hours per
month.
Mr. Dziegelewski stated that they have been operating every day, between 5 and 6
hours per day.
It was asked if Mr. Edwards had any employees.
He stated that his kids and his partner's kids sometimes worked with him.
It was pointed out that under Home Occupations only family members living in the
house could work at the business.
It was suggested that sound proofing and keeping the door closed would probably
help a lot with the noise problem. The Commission asked what type of insulation
was used.
Mr. Edwards stated that he had sprayed on insulation on the walls, but the pole
barn was open to the roof, with no insulation there.
Mr. Moon, who lives across the road, stated that his concern was with the
traffic and the semi trucks parking in the road.
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It was suggested that Mr. Edwards put a box around the compressor and muffle the
steel that the pins hit.
Mr. Edwards indicated that he would try to muffle the noise.
1. C. The Applicant should put the size of his house in writing and add it to
the application.
1. D. The Applicant should put a statement that no goods or services would be
sold on the premises other than those related to the Home Occupation with the
application.
1. E. The Applicant should put a list of equipment/machinery with the
application such as the air compressor and its horse power, the machine that
takes out the pins, the plastic stripper, etc.
1. F. Only family members residing in the residence can work at the business.
1. G. No sign is planned.
1. H. The Applicant was asked if he would have a problem with reducing the
noise.
Mr. Edwards stated that he did not have a problem with that.
1. I. It was asked what Mr. Edwards did with the plastic taken off of the bars.
He stated that he returns it and it is recycled. He also stated that he uses no
hazardous materials.
1. J. It was stated that if loud noises continued, the neighbors could complain
to the township who could control noise under their ordinances.
Mr. Dziegelewski and Mr. Moon stated that they had no objection to the Home
Occupation if semis weren’t used and the noise was controlled.
It was asked if the business could be contained to daylight hours.
Mr. Edwards stated that he had no problem with that. He stated that he didn't
work nights, but occasionally his wife would work on the pieces at night.
It was suggested that after making alterations to contain the noise, he contact
his neighbors to see if it was still too loud when he operated the machinery.
It was also suggested that Mr. Dziegelewski contact DTE to complain if the
problem continues and see if they could put a separate transformer on his
utility pole to control this.
It was moved by member Reeve and seconded by member Stevens that the Home
Occupation be
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approved subject to the compromise stipulations discussed on there being no
semis, controlling the noise level by whatever means necessary, the business
being operated during reasonable hours, and the truck being kept inside the pole
barn.
Ayes: McKenzie, Stevens, Reeve, Ruemenapp, Baumgarten, Czenkus, and Page
Nays: None
The motion carried.
The Commission reminded Mr. Edwards that he should put the following items in
writing and submit them to the township:
Square footage of house.
No goods or services being sold on the premises.
No employees except family members residing on the premises.
List of equipment.
There will be nothing stored outside, including vehicles.
8. UNFINISHED BUSINESS
A. KEMP DEVELOPMENT, LLC - REVISED SITE PLAN
Planner Wenk stated that they are recommending approval of the site plan subject
to the following items being addressed:
2. Additional information must be provided illustrating that the berm along the
north property line will have a minimum height of 4 feet. The berm must be
broken or provided with openings at least every 75 feet. In addition, due to the
removal of Building G, the note on Sheet 4 stating "Proposed 50'Greenbelt" is no
longer applicable and should be deleted.
It was noted that this had been taken care of on the new site plan.
3. Additional information must be provided verifying that the berm along the
front lot line will be between 2.5 and 4 feet in height and will have a slope of
not greater than 3:1.
It was noted that this had been taken of on the new site plan.
4. One tree and 4 shrubs must be provide for each 40 lineal feet of required
greenbelt area (west of the parking area south of Building A). Greenbelt
plantings must meet the size standards of Section 13.13. In addition, per
Section 13.13.1.a, plant materials cannot be placed closer than 4 feet from any
property line (Note: the width of the greenstrip in this location is only 3
feet).
It was stated that the land strip in front and around the enclosure had been
increased.
5. The width of the side parking setback must be increased to at least 5 feet.
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It was noted that this had been taken care of on the new site plan.
6. We suggest that the Township Attorney review the Master Deed and Bylaws.
7. As indicated in our previous review, if such a redesign is feasible and does
not conflict with review comments of the St. Clair County Road Commission, we
suggest that consideration be given to shifting the proposed driveway westward
and aligning it with the existing driveway on the south side of Marine City
Highway.
It was asked if they had met with the Road Commission.
Mr. Kulin stated that they had not, but they had met with the Ira Fire
Department.
8. The Applicant should be aware of the following: a grading and drainage plan
must be submitted for engineering review; onsite inspections are required by the
Township Engineer at the Applicant's expense at the midpoint and completion of
construction; and a performance guarantee is required for proposed site
improvements in accordance with Section 13.20 of the Zoning Ordinance.
The Commission stated that they would like the township attorney go over the
Master Deed and By Laws.
Mr. Kulin stated that the Master Deed and By Laws was drawn up by an attorney,
but they were still working with him to fine tune it.
It was stated that Page 9 of the Master Deed and By Laws has language on total
destruction on a unit.
Mr. Monicatti stated that was one of the points they wanted to discuss with
their attorney.
It was stated that Page 11 stated everyone has to act within the ordinances of
Casco Township. It was asked what steps would be taken if someone does not
follow an ordinance. It was stated that there were no timelines for them to come
into compliance. It was suggested that language be added to the steps that will
be taken before the township becomes involved in enforcing the ordinance.
It was stated that there is a typo on Page 12 concerning the breeding of
animals.
It was stated that Section 7 states there will be no outside storage without
special approval. It was suggested that this section be polished.
It was asked if the units would be purchased mainly to store campers.
Mr. Kulin stated that they had looked at units in operation and they were being
purchased to house boats, campers, antique cars, and office materials.
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It was asked if they would like the township attorney to wait and look at the
Master Deed and By Laws after their attorney revises it.
Mr. Kulin stated that he thought they would like to get the township attorney's
input now.
It was stated that since the cost of the attorney would have to be paid by Kemp,
they would ask the Township Supervisor to contact the township attorney and get
an estimate of his fee for checking the Master Deed and By Laws and send it to
Mr. Kulin. If Mr. Kulin agrees, the township attorney would proceed with the
review.
It was moved by member McKenzie and seconded by member Page that the Kemp
Development, LLC site plan be approved subject to the planers review, an
approved drainage review, and a legal review of the Master Deed and By Laws by
the township attorney.
Ayes: Members McKenzie, Stevens, Reeve, Ruemenapp, Baumgarten, Czenkus, and Page
Nays: None
The motion carried.
B. RONDIGO, LLC
It was moved by member Stevens and seconded by member McKenzie that Rondigo, LLC
be tabled until they resubmit.
Ayes: McKenzie, Stevens, Reeve, Ruemenapp, Baumgarten, Czenkus, and Page
Nays: None
The motion carried.
C. ZONING ON GRAVEL ROADS.
A draft amendment to Article 10 was presented.
If was asked if a special land use could be used.
It was decided that Planner Wenk would check and see what other townships are
using, and if a special land use is feasible.
D. PLANNING COMMISSION BY-LAWS
The following proposed change was read at the November 15, 2005, meeting:
PART 1, Section 5 of Article VII, Rules, to read as follows:
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Page 8
All inquiries, applications or matters requiring official action by the
Commission shall be submitted to the Township at least fifteen (15) days prior
to the next regularly scheduled Planning Commission meeting.
It was moved by member Baumgarten and seconded by member Page that the changes
in the By Laws be
approved as presented.
Ayes: Members McKenzie, Stevens, Reeve, Ruemenapp, Baumgarten, Czenkus, and Page
Nays: None
The motion carried.
10. PLANNER'S REPORT
Planner Wenk presented 2006 Monthly Schedule Planners to the Commission members.
It was asked if meeting dates could be changed once they are approved at the
January meeting.
It was stated that they could be changed by resolution.
It was stated that the legends and colors on the master plan and zoning maps
don't match. It was asked if this could be changed.
Planner Wenk stated that a Public Hearing would have to be held to change the
map.
It was asked if the corresponding legends could be put on in parenthesis behind
the approved legends.
Planner Wenk stated that she would check into it, but the master plan has to be
looked at every 5 years and it could be changed then.
11. REPORTS FROM COMMITTEES
There were no reports from committees.
12. ADJOURNMENT
It was moved by member Stevens and seconded by member Baumgarten that the
meeting adjourn at 9:48 p.m.
Ayes: Members McKenzie, Stevens, Reeve, Ruemenapp, Baumgarten, Czenkus, and Page
Nays: None
The motion carried.