DRAFT
MINUTES
CASCO TOWNSHIP PLANNING COMMISSION
REGULAR MEETING
JULY 19, 2011
Present: Members Joe Stevens, Eric Reeve, William Ruemenapp, Wayne Baumgarten, Jennifer Andersen, and Susan Macker; also present Township Planner Rod Arroyo, Township Inspector Roland Suess, Mike Czenkus, Hugo Mancini, William Crooks, Kathleen Crooks, Katherine Wilson, Ken Collins, Judy Weber, Cindy Walker, Derek Logan, Arden Paternoster, Ron Lathrup, Corey Blair, Sienna Blair, Kim Brown, Robert Brown, Gary Hord, Shannon Hord, Jeanette Ventimiglia, Robert Blanzy, Stephanie Lasala, Atonino Lasala, Eliza Lassiter, Horance Lassiter, Sandra Glance, Dawn Adams, Dale Shirkey, Harry Gast, Barbara Meldrum, Clayton Cope, Robert Hamilton, Tia Liebetreu, Loretta Vogel, Rebecca Harris, Pamela Schweitzer, Amy Shiemke, Darlene Rathburn, Tami Stapleton, Elaine Wolf, James Holk, Sr., Frank Jansons, Bernadette Paquin, Donald Ruby, Mr. & Mrs. T. Sintkowski, E. Anglewicz, Bob Cole, Barb Cole, Nikki Lerg, Michael Emshwiller, Michael Buckley, Brian Dowgiallo, Roy Hofer, Dody Hofer, Tom Sleeman, Sharon Randall, Sly Ringel, Marian Ringel, Helen Schneider, Ron Trombly, Christine Arnold, Clifford Arnold, Barbara Lucas, Diane Malkiewicz, Fern Belt, Nancy Werthmann, Joe Hobbs, Ann Parski, Bradley Robinson, Albert Ado, Ashley Robinson, Debra Frederick, George Frederick, John Rothenberg, Matthew Schweitzer, Vicki Darrs, Julie Mann, Derek Mann, Ken Hancock, Cindy Victor, Ken Braekevelt, Rita Schroeder, Rosalie Davis, Marlene Coppa, Phillip Porte, Mary Paisley, D. Page, Katie Wilson, Tim Sherwood, Pat Kisch, Judy Daniel, Jan Feeny, Deborah Smith, Rose Marchesi, Louise Kitchen, Albert Paternoster, Pam Bially, Scott Bially, Kim Blair, Shelby Ezzo, Gordon Fuerstenau, Phylis Fuerstenau, Ed Barnes, Sandy Barnes, and about 28 other interested persons
Absent: None
1. CALL TO ORDER
The meeting was called to order at 7:00 p.m., by Chairman Ruemenapp.
2. PLEDGE TO THE FLAG
The Pledge to the Flag was recited.
3. APPROVAL OF MINUTES - JUNE 21, 2011
It was moved by member Stevens and seconded by member Andersen that the minutes of the Regular Meeting held on June 21, 2011, be approved as presented.
Ayes: Members Stevens, Reeve, Ruemenapp, Baumgarten, Andersen, and Macker
Nays: None
The motion carried.
4. APPROVAL OF AGENDA
It was moved by member Stevens and seconded by member Macker that the agenda be approved as
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submitted.
Ayes: Members Stevens, Reeve, Ruemenapp, Baumgarten, Andersen, and Macker
Nays: None
The motion carried.
5. COMMUNICATIONS
It was announced that the Township Board had accepted Kathy McKenzie‘s resignation to the Planning Commission due to schedule conflicts.
6. DISCUSSION FROM THE FLOOR
There was no Discussion From The Floor.
7. PUBLIC HEARING
A. RONDIGO, LLC - SPECIAL LAND USE
Mr. Phillip Porte stated that Rondigo intends to use the property that fronts on Bethuy Road for composting and the property that fronts County Line as an access point. He stated that his clients have demonstrated that they have the knowledge and machinery necessary to make compost and make it a viable business.
Planner Arroyo read his communication dated July 19, 2011, with sections on the following:
Application Sufficiency
Background
Recommendation
Chairman Ruemenapp stated that anyone interested in making a comment could do so when the public hearing is opened. He also stated that there would be a time limit, and no attacks of a personal nature would be allowed. He asked that persons state their names, but stated that they did not have to if they did not want to.
The Public Hearing was opened at 7:16 p.m.
Mr. Brian Dowgiallo from the Paletz Law Firm stated that he was representing Millstone Pond in Lenox Township and that the management and residents are formally objecting to the composting business being located so close to them. He further stated that they understood the Special Land Use requested is not consistent with Casco‘s Master Plan and not allowed in the B-2 zoning. He said the smell would be a nuisance to the residents and affect their health, safety, and welfare along with their property values. He added that they understand there have been problems before in other areas with the business, and they feel the noise, smell, and traffic will be a problem. He stated that Millstone Pond recommends the request for a Special Land Use be denied.
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Mr. Donald Ruby stated that he has lived in Millstone Pond since 2001, and they will soon grow to 1,500 to 2,000 residents. He stated that the composting business will be within 130 feet of the residences and he is against the added traffic, the odor, and the possible increase in rodent population. He stated that since neither County Line or Marine City Highway are being considered for expansion to five lanes, traffic will be a problem. He also stated that he understands this company has not always followed plans, and has had problems in other areas where they have operated. He stated that he thinks sometimes restaurant refuse gets mixed into the compost which would attract rodents.
Sandy stated that she feels approval of the Special Land Use will bring down the value of her property.
Pam Bially stated that she suffers from asthma and has problems driving to Detroit to her job because of air pollution. She stated that she had moved to the area to get away from mold and mildew at her prior residence and is afraid she will have to move if the composting facility opens and contaminates the air.
Rebecca Harris stated that she is a nurse and has concerns for the health of the people in the area, especially those suffering from asthma and emphysema . She stated that she was also concerned about an increase of rodents in the area.
Marlene Coppa stated that there is a high school on County Line in the area, and that many students walk to school. Since there are no sidewalks, increased traffic is a concern.
Judy Daniel stated that the landfill is already in their back yard. She also said she feels the composting business would decrease her property value, and there are enough issues in the area with the odors from Indian Summers and the landfill.
Chairman Ruemenapp stated that 5 letters had been received concerning this issue. He further stated that the letters would be read except the one from Millstone Pond as their concerns had been covered by the first speaker.
A letter was read from Tracey McFadden stating she felt the composting would be harmful and wrong and she strongly opposes approval because of the following reasons:
Casco‘s Master Plan does not allow this type of business in this area.
Property would suffer loss in value.
Her property on County Line is in the B-2 area, and this would make it hard to sell.
Rondigo has a bad track record in the area for violating ordinances.
The odor and smell from Indian Summers is intolerable, and this would add to the problem.
A letter was read from Judy Nieman stating that she lives in Millstone Pond and is against approval because of the smell, and it would lower property values.
A letter was read from Dennis and Shirley Hawks stated they are opposed because there has been
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problems in neighboring areas with this type of business, such as contaminated water. They also feel there is other property available in the area that is not so close to residential areas that could be used for this purpose.
A letter was read from Greg Crachiolo stating he is opposed to the composting as there is already a dump in the area on 29 Mile Road. He invited the Planning Commission to tour Millstone Pond. He stated he felt there was other property available in the township that could be used, and suggested the composting be combined with the dump to contain the smell in one area. He stated that a law suit had been won against the landfill, and they would not hesitate to start one against a composting company if they felt it was necessary.
It was moved by member Stevens and seconded by member Baumgarten that the Public Hearing be closed at 7:35 p.m.
Ayes: Members Stevens, Reeve, Ruemenapp, Baumgarten, Andersen, and Macker
Nays: None
The motion carried.
It was stated that the Township Planner is recommending denial of the Special Land Use request and the site plan application.
Planner Arroyo stated that the Planning Commission should clearly state the reasons for approving or denying the Special Land Use request and the site plan application. He also stated that the primary charge of the Planning Commission is to decide if this use is approved in the B-2 area, and this will give them their direction to the next step.
A discussion was held on whether internal access roads are allowed in the B-2 area. Planner Arroyo stated that they are not.
A discussion was held on whether there had been input from utility companies. A concern was raised about the pipelines on the property and whether the roads could hold up under heavy traffic during frost times.
Planner Arroyo stated that these are areas that should be explored if the Planning Commission decides the use is permitted and they can go ahead.
It was moved by member Stevens and seconded by member Andersen that the Planning Commission deny the Special Land Use request and the site plan application for Rondigo, LLC, as recommended by the Township Planner‘s communication as follows:
1. The proposed use is not permitted in a General Commercial (B-2) District as either a Permitted or Special Land Use. The Township does not permit private roads. Any access to the west property is considered internal circulation within the site.
2. The proposed use is not consistent with the Township‘s Master Plan, which designates the
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west portion of the subject property as Office Services.
3. Adding an intensive industrial use such as a compost facility in an area that is master planned and zoned for non-industrial uses is not compatible with adjacent land uses and would have a detrimental impact on the surrounding area. The proposed use would likely compromise the ability of other adjacent property owners to develop their properties in accordance with the Township‘s Master Plan, and it would be inconsistent with the maintenance of the public health, safety, and welfare.
4. The proposal is not in accordance with the general objectives, intent, and purposes of the Zoning Ordinance, especially the Special Land Use standards listed in Section 15.06.
Ms. Cindy Vickers stated that Rondigo, LLC is requesting the Planning Commission deny the motion, since they do not have a full site plan to review. She also requested they table Rondigo‘s request until they can obtain a legal opinion on whether this is a permitted land use in the area before they make a decision.
It was stated that Rondigo, LLC would be eligible for money back from the township, because there had been no formal review of the site plan.
Ayes: Members Stevens, Reeve, Ruemenapp, Baumgarten, Andersen, and Macker
Nays: None
The motion carried.
There was a break in the meeting at 7:49 p.m.
The meeting reconvened at 7:58 p.m.
B. EMPTY POCKETS FARM - SPECIAL LAND USE
A communication from Township Planner Arroyo dated June 17, 2011, was reviewed. He stated there had been no site plan meeting as they were planning on using a sketched plan from the applicants.
The Public Hearing was opened at 8:02 p.m.
Mr. Kenneth Braekevelt asked where employees would park as there doesn‘t seem to be a parking lot. He also stated that it seems they cannot meet set back requirements. He asked if it was located on a gravel road.
Chairman Ruemenapp stated that it is on a gravel road. He stated a site plan is needed to show where they would be doing things like parking. He also stated that the applicants are at a disadvantage because getting a site plan takes time, money, and a lot of effort.
Mr. Braekevelt asked if there would be public bathroom facilities.
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Chairman Ruemenapp stated that the Planning Commission doesn‘t have a site plan which would show that, but if you have employees you have to have facilities even if it is just port-a-johns which have been used in other areas in the township.
Chairman Ruemenapp stated that the Township Planner needed a site plan to make a review.
Mr. Crooks stated they are working on that.
Chairman Ruemenapp asked if they could get a survey map.
Mr. Crooks stated they have one on one of the parcels. He also stated that getting a site plan is very expensive.
Chairman Ruemenapp stated that they could have drawn a site plan to scale.
Mr. Crooks stated that they appreciated that offer. He also stated that the biggest stumbling block is they are being viewed as a horse stable or academy and they are really a horse farm. He said they should not have to meet the regulations that don‘t apply to a horse farm. He stated that once they have a site plan and the Commission members see how their operation works, they will be able to understand this better.
Chairman Ruemenapp stated that they have personally owned horses and not personally owned horses. He also stated that on their building application and certificate of occupancy for a barn, they stated they would be housing four personally owned horses. There was nothing on the application that indicated they would have boarded horses.
Mr. Crooks stated that at that time they didn‘t know how many horses they would have or what use of the barn they would need. He also stated that they did not write that number on the application, and thought the township office had added that information.
Chairman Ruemenapp stated that he understood there is a court case and they are trying to get approval under right to farm. He asked what they needed from the Planning Commission at this meeting.
Mr. Crooks stated that he thought the Public Hearing tonight was just for public comments. He stated that the adjacent property has housed horses for the last 20 years and there have been special land uses granted in the past. He added that they are trying to continue the use with a horse farm.
Chairman Ruemenapp stated that there had been very limited variances approved, and the applicant never applied for a Special Land Use, so the variances were not used and they are gone. He also stated that the township attorney told them they should not have approved the variances. He further said the Planning Commission could not take any action without a Public Hearing. He said they can approve, deny or table the request; but unless the applicants specifically requested it be tabled, that will not be an option.
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Mr. Crooks stated that he didn‘t think the Planning Commission had enough information to make a
decision tonight.
Chairman Ruemenapp stated that Mr. Crooks was told a month ago that additional information was needed or it could have a negative impact on the Planner‘s review and recommendation..
Planner Arroyo stated that the application has a serious flaw -- there are not 40 acres, and it cannot be approved without that requirement being met.
Mr. Crooks asked if the 40-acre requirement was for riding academies and stated that that is not what they are.
Chairman Ruemenapp stated that the requirement is not just because horses are being ridden. He stated that because of the large number of horses, there needs to be set backs and other restrictions to protect neighbors from traffic, odor, insects, rodents, noise, and vehicle parking including horse trailers. He also stated that the ordinance does not limit the number of horses. He further stated that they stated they wanted to house 20 horses, but there would be no way of knowing how many they were housing. He said they might have an argument under right to farm, but the Township Planner could not recommend approval of the Special Land Use without them having 40 acres.
Mr. Crooks stated that the township does not have an ordinance they fit under. He stated that they did ask last month if the Planning Commission would consider changing the ordinance so they could fit. He said this is a horse farm in an agricultural setting and under the intent of the ordinance it makes sense. He added that they don‘t have a lot of money to fight the decision, and if they cannot do this they will have to sell the farm. He said the ordinance has only a couple of sentences on this issue and no definitions, but he felt the intent was for people to be able to do things like this. He asked if it would make a difference if the number of horses was changed.
Chairman Ruemenapp stated that the ordinance does not limit the number of horses.
Ms. Wilson stated that she does not have any employees helping with the horses.
Chairman Ruemenapp stated that the reason to do a Special Land Use is to put conditions on what could be done. He added that if it contained a number, everyone would just say they would have less than the number, and it would be very hard to prove how many they really had. He stated that when they filled out the application for the barn they had indicated four horses. He also stated the building permit and certificate of occupancy clearly stated the barn was for personally owned horses.
Mr. Crooks stated that he had not written that number. He said he thinks the township office filled it in.
Ms. Wilson stated she thinks the township approved other variances for more horses then she has.
Mr. Crooks stated that the old barn has been used for horses for over 20 years. They want to continue to do that, and they are leasing acreage to meet the requirements.
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Mr. Crooks stated they would like the Commission to table this until they can submit a site plan. He stated they are asking for a Special Land Use and they understand they don‘t fit the pigeonhole for acreage.
Ms. Wilson asked if they would need a Special Land Use if they had 40 acres.
Chairman Ruemenapp stated they would because they don‘t own all the horses. He stated the Planning Commission cannot approve a Special Land Use if it doesn‘t comply with the ordinances. He added the ZBA can give variances on some things like set backs, but the problem cannot be self created and cannot violate the intent of the ordinance.
Planner Arroyo stated that he didn‘t think the Commission should table the request. He said if they make the finding that it does not meet the ordinance, they should make a decision. He added that not taking action does not help the situation. He said it would be better to have a decision when you go to court.
Chairman Ruemenapp stated that if we cannot approve legally, it will go to the judge and if we table it and we go to court, he may wait on making a decision until we take action.
Mr. Crooks stated that they could approve the Special Land Use pending a zoning variance pending a site plan being submitted. If that doesn‘t happen, they will have to go to court.
Chairman Ruemenapp stated that the Planning Commission has no site plan, and they would need major league variances to be approved. He stated that even if a viable site plan was submitted, the Planning Commission could not approve anything that does not comply with township ordinances.
Mr. Crooks stated the township has approved variances in the past.
It was moved by member Stevens and seconded by member Andersen that the Public Hearing be closed at 8:27 p.m.
Ayes: Members Stevens, Reeve, Ruemenapp, Baumgarten, Andersen, and Macker
Nays: None
The motion carried.
Township Planner Arroyo recommended the request for a Special Land Use and site plan be denied.
It was moved by member Reeve and seconded by member Andersen that the Special Land Use request and the Site Plan be denied as recommended by the Township Planner per the reasons in his communication of June 17, 2011.
Ayes: Members Stevens, Reeve, Ruemenapp, Baumgarten, Andersen, and Macker
Nays: None
The motion carried.
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William Crooks, Kathleen Crooks, and Katherine Wilson left the meeting at 8:29 p.m.
8. UNFINISHED BUSINESS
There was no Unfinished Business.
9. NEW BUSINESS
There was no New Business.
10. PLANNER'S REPORT
It was reported that the Township Board had not approved the gun ordinances. They have requested they be adjusted and returned to them.
A card for Kathy McKenzie was presented for signing in appreciation for her time and efforts as a member of the Planning Commission.
11. REPORTS FROM COMMITTEES
It was reported that Mike Czenkus has been appointed as the new township constable. They thanked Mr. Czenkus for his help at tonight‘s meeting.
12. ADJOURNMENT
It was moved by member Baumgarten and seconded by member Andersen that the meeting adjourn at 8:35 p.m.
Ayes: Members Stevens, Reeve, Ruemenapp, Baumgarten, Andersen, and Macker
Nays: None
The motion carried.
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