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                           MARION TOWNSHIP

                 AGENDA and DRAFT MINUTES

                      MARCH 10, 2005 






APPROVAL OF AGENDA: March 10, 2005      

APPROVAL OF MINUTES FOR: Feb. 10, Feb 24, March7 - Ways & Means

OLD BUSINESS:              

         1.  Radick Show Cause Hearing

       2. Hall Spring Clean up Specs.

       3. REU for Howell High School

       4. Roads

        5. OHM Peavy Force Main                                        

NEW BUSINESS:         

          1. Copperfield Villas

        2. Burnham & Flower Insurance

        3. Hall Use Policy

        4. Pine Brook Meadows

        5. Recycle Livingston Solid Waste Challenge Grant

        6. Zoning and Wellhead Protection Area Maps











MEMBERS PRESENT:   Bob Hanvey , Sue Lingle, Dan Lowe, Dave Hamann , and Tammy Beal


OTHERS PRESENT:         Phil Westmoreland, OHM, Township Engineer

                                                Angela Campbell, OHM

                                                Annette McNamara , Zoning Administrator




Bob Hanvey called the meeting to order at 7:30 p.m. 



The board members introduced themselves. 




Sue Lingle motioned to approve the agenda as amended.  Dave Hamann seconded.

Motion carried 5-0.


Board of Trustees Regular Meeting, February 10, 2005

Dave Hamann motioned to approve the minutes as presented.  Tammy Beal seconded. 

Motion carried 5-0.

Board of Trustees Special Meeting, February 24, 2005

Dave Hamann motioned to approve the minutes as presented. Sue Lingle seconded.

Motion carried 5-0.

Ways & Means Meeting, March 7, 2005

Dave Hamann motioned to approve the minutes as presented.  Tammy Beal seconded. 

Motion carried 5-0.


Radick Show Cause Hearing

Sue Radick introduced her attorney, William Szobonya.  Mr. Szobonya said he takes exception to the

show cause hearing held on February 10, 2005.  The alleger is to present legitimate, bonefide, factual

evidence, and then the respondent responds.  On February 10, the respondent spoke first.  Mr. Hanvey

said he didn’t think that’s correct.  Mr. Szobonya said that is correct according to the minutes.

Mr. Hanvey said that Ms. McNamara presented the case.  Mr. Szobonya said the allegers did not

present the case, and Ms. McNamara is not the alleger.  The Radicks spoke without evidence even

being presented against them.  Secondly, there is no factual evidence whatsoever regarding the noise.

There were no decibel readings taken, although Mr. Reizen suggested that there was some statement

that there were more than 55 decibels.  However, there was no factual evidence submitted; it was all

subjective.  It was from two statements made in September 2004, ironically within seven days of each

other.  The three other individuals who responded in the hearing made no complaints.  Mr. Reizen

stated in his complaint that they were at least 55 decibels that he could ascertain.  There is a machine

that is required in order to ascertain decibels.  It’s expensive, it has to be placed at the common lot line,

it has to have a reading, it has to be certified, there has to be a person who knows who to certify it. 

Mr. Hanvey said the board agrees with all of that.  Mr. Szobonya said there were also five individuals

who submitted affidavits on behalf of Mr. and Mrs. Radick that there are no problems with the noise. 

Two of them are on common lots.  Four of the five people who suggested there was noise are on

common lots.  Mr. Reizen is one lot removed.  There are two subjective situations:  five are saying there

is noise and five are saying there isn’t.  The issue about the number of dogs is not in dispute; there are

five additional dogs.  However, this is a hobby.  The Radicks have no intention of buying and selling

dogs.  It will cost the Radicks thousands of dollars to erect buildings and come up to compliance. 

They have no intention of buying and selling dogs.  Their only intent is to have a hobby.  The additional

five dogs are 9-13 years old.  Mr. Szobonya is suggesting some kind of compromise.  If these are

legitimate complaints that the dogs are making noise, prove it, because there’s no proof that he can

see that these dogs are making noise.  The Radicks are willing to purchase a decibel meter. They will

put it on a common lot line and will do it over the course of a month or two to see if there’s any noise. 

Both Mr. Goers and Mr. Lynch said it’s not the amount of dogs that a problem, it’s the noise.  Also,

Mr. Reizen and Mr. Goers had the same language in their complaints, almost identical. If there’s nothing

subjective going on against the Radicks, there is certainly subjective information being provided to the

board members as of February 10.  Mr. Szobonya said if it couldn’t be proven that there’s a noise issue,

then we have to deal with the five extra dogs.  If this is a hobby that’s not disrupting the neighborhood,

why can’t the Radicks get a variance with the ZBA or Planning Commission.  Why make the Radicks

spend at least $10,000 erecting a building, getting all of the necessary approvals, etc.  These dogs are

not the kind of dogs that are going to be inside of a building.  These dogs have to be outside.  They have

 proper housing for these dogs, proper water, and they’re complying with every other ordinance.  They

 testified before, on February 10, that they don’t understand what the problem is.  They corrected the

German Shepard.  They corrected the dog that was in heat.  The dogs that remain are not making noise.

 The Radicks feel like this is personal, but objectively, all you’re seeing is five additional dogs. 

Mr. Hanvey said that’s a 50% increase over what the ordinance calls for.  That’s a fairly substantial

variation from what the standard is.  Mr. Hanvey asked Mr. Szobonya was his suggestion is. 

Mr. Szobonya said that the Radicks go in front of the Planning Commission and/or the Zoning Board

and ask for a variance for the additional five dogs.  Mr. Hanvey said the Planning Commission can

potentially change the ordinance, but they can’t grant a variance.  Mr. Szobonya said then they would

have to attempt to change the ordinance.  It would be a terrible thing to destroy the dogs.  Mr. Hanvey

said no one on the board has suggested destroying the dogs.  Mr. Szobonya said the Radicks have

13 acres and that should be enough for five extra dogs.  There have never been complaints, there have

been no sheriff’s calls, and no one has ever come on to their property who has said there was a problem.

Sue Lingle asked what the township should do in the interim while they’re trying to get the ordinance

changed.  It takes a long time for the Planning Commission to change an ordinance.  Dave Hamann

said from the ZBA’s point of view, because the ZBA members have to look at practical difficulties, this is

a situation that is self-created by the applicant.  Mr. Hanvey said it’s also hard to see if this is a

dimensional variance or a use variance.  It sounds like it might be more of a use variance. 

Mr. Szobonya said they would concentrate on the use.  Mr. Hanvey asked if the ZBA did grant a

variance, what would happen if they retired more dogs.  They will keep getting older.  Mr. Szobonya said

they would not exceed 15 dogs.  Mr. Hanvey asked why they couldn’t not exceed ten.  Mr. Szobonya said

 he would have to defer to Mr. and Mrs. Radick because of their expertise in that area.  Mr. Radick said

they have a core team of dogs who are between two and three years.  A handful are 9-13 years.

Mrs. Radick said she made the mistake when she got into this sport by doing a lot with rescue dogs

and pet dogs.  Now they’ve moved into the racing circuit.  The older dogs were rescue dogs, and they’re

all the same age.  Mrs. Radick explained her reasons for not applying for a commercial permit.

Mr. Hanvey said it might be more in keeping with the spirit of the variance if she were to get variances

on the commercial kennel items that don’t apply, rather than saying they can have 15 dogs and still be a

hobby kennel.  Sue Lingle asked Mrs. Radick how many dogs she had at the time she applied for a

hobby kennel.  Mrs. Radick said she started out with four.  The dogs she has now will run until their

9-11 years old because they were born and bred for racing.  The dogs that are currently 9-13 years old

are the pet rescue dogs that were never bred for racing.  Ms. Lingle asked Mrs. Radick if she knew of

anyone who could take the older dogs.  Mrs. Radick said it’s an option she could try.  Ms. Lingle said she

 has a problem with letting her have more than 10 dogs.  Also, there’s the issue of the barking. 

Mrs. Radick said the noise has to be proved.  Mr. Hanvey said there’s a catch-all category of nuisance

and if the noise is an ongoing nuisance, whether it meets a particular point on the decibel scale or not. 

Mr. Szobonya said there are five people saying it’s a problem and five saying it’s not.  You have to make

 sure that it’s not personal with the five people saying it is a problem.  Mrs. Radick said there are

coyotes and other dogs barking.  Mr. Szoboyna said what they’ll have to do is spend the money to

purchase a decibel meter, put it on the common lot lines with all of the neighbors, do it for a period of

time, have it certified and registered, and present it to the board.  If there’s no noise, there’s no noise,

no matter what the neighbors say.  Mr. Hanvey said they still have 15 dogs.  Mr. Radick said they’ll apply

for a variance and explore options after that, up to and including petitioning to have the ordinance changed.

He said it’s not acceptable to them that they are told to get rid of dogs.  Mr. Hanvey said which is also

saying that it’s not acceptable that they have to follow the ordinance.  Mrs. Radick said there are

exceptions that are made.  Animal Control told her to come to the board and do this.  They have been

guiding her hand, because she’s not running a commercial kennel. 

Dan Lowe said the biggest problem is the noise, although the number of dogs is a problem. There is

some kind of noise that’s irritating people.  It seems there should be some way to get them inside so

people don’t hear them.  Mrs. Radick asked if he meant all of the time or just at night.  Mr. Lowe said

mostly at night from what he’s heard.   Mr. Hanvey asked if the decibel meter is directional—will it be

able to determine if it’s Mrs. Radick’s dog versus a dog that’s a mile down the road.  Mr. Szoboyna

said they’re supposed to be quite specific.  Mr. Hanvey asked Mrs. Radick if there are any dogs

between her and the lot line of the complainant two houses down.  Mr. Radick said he doesn’t believe

there are.  Mr. Hanvey said the noise issue would come back to the Board of Trustees. The variance

request for the number of dogs would go to the Zoning Board of Appeals. If there is objective data that

the dogs aren’t barking, he’s not sure what it would take to satisfy this board that the sound is really

not an issue.  Would it be one day, two days, a month, a month in the spring, a month in the fall.  It was

suggested that there are time of year issues—when the moons out, they behave differently.

Mrs. Radick said yes.  For example, on February 23 they did a two-minute howl at 2:50 am, but that’s

different than constant noise from 3:30 pm until 7:00 am, every night, all night long.  That’s two minutes

 worth of noise.  Dan Lowe said if it’s 3:00 am and it lasts 15 minutes, that would be enough to

aggravate him.  Mrs. Radick said it’s not 15 minutes.  Mr. Lowe said one of the main criteria for the

ZBA is that it’s not self-created.  Mr. Hanvey said the other issue is that the Radicks are not being

deprived of any rights that somebody else has.  He said he suspects that if this board were to agree

with the objective reading, it would want to have the readings done by someone selected by the

township engineer.  It doesn’t make sense that the board would let the Radicks pick out the person

who does the readings.  Ms. Lingle asked if they would make application for the next ZBA. 

Mr. Szoboyna asked when the meetings are, and said they would probably apply for the May meeting.

Ms. McNamara said she would also want to ask the township attorney to make sure this isn’t viewed as

a use variance. 

Call to the Public

Chris ___________, 3450 Dutcher:  Chris lives directly across the street from the Radicks’ pole barn.

With the exception of when the dogs are fed, he doesn’t hear the dogs at all.  He goes to work at 5:30 am

 and he’s never heard the dogs.  He comes home anytime from 3:00 pm until 10:00-11:00 pm and he’s

never heard the dogs at that time of night.  The only dogs he’s heard were, he believes, across from

Mr. Reizen.  Nothing constant from 3:00 pm until 7:00 am.

Allison Bower, 5757 Lange Road:  Ms. Bower said since the February 10, she and her husband visited

the Radicks’ property on several occasions:  February 15 at 8:30 pm; February 17 at 8:00 pm; on

February 21, she called Mrs. Radick at 6:00 pm, who was in the barn and the dogs weren’t making

noise; February 23 at 5:00 pm and she was again in the barn and the dogs weren’t making noise;

February 25 at 5:30 pm; March 1 at 6:30 pm she drove by and sat in the driveway for five minutes and

never heard the dogs; March 3 at 7:45; Saturday at 9:00 am, she drove by and never heard the dogs. 

Ms. Bower said for the past three or four months, people have been coyote hunting.  They’ve been

running the coyotes with dogs. 

Todd Dickinson, 5956 W. Coon Lake Road :  Mr. Dickinson said his property adjoins the Radicks

and he’s probably the second closest house to the Radicks.  There was one time last fall when he did

hear the dogs for a few days.  That’s probably been the only time he’s heard the dogs barking.  In the

summertime, he has his windows open and he’s never heard them. 

Frank Soerries, 5945 W. Coon Lake Road :  Mr. Soerries said his children feed the remaining dogs

 when the Radicks are out on the dog sleds.  He’s driven over there many times and there’s no noise,

he doesn’t hear them.  In the summer, his windows are wide open and he doesn’t hear them. 

Phil Westmoreland suggested the readings are better in the winter because sound travels better.

That would be the worst-case scenario.  If the readings are below in the winter, it would be logical to

say that they’re probably going to be below the rest of the time. 

Ms. Szoboyna suggested that the monitoring be done between 10:00 pm and 7:00 am, seven days a

week, probably over the course of a month.  Phil Westmoreland said 30 days would probably give the

best data. 

Sue Lingle motioned to direct the Radicks to obtain decibel readings for approximately 30 days at

different boundaries of the property, to be cleared with the township engineer, and proceed to the

Zoning Board of Appeals if possible.  Dan Lowe seconded.  Motion carried 5-0.

Hall Spring Clean-up Specs

Tammy Beal provided information in the packets.  It includes three proposed newspaper

notices and bid specs. Sue Lingle asked to have the bid specs include an item concerning the

insurance rider produced specifically for the township.  Bob Hanvey said he thought there

should be a time specified for the opening of the bids.  Phil Westmoreland said he could

provide sample language.  Mr. Hanvey said there should be a required walk-through of the

property for the tree cutting specs. 

Sue Lingle motioned to have the clerk proceed with the advertisements and bid specs. 

Dave Hamann seconded.  Motion carried 5-0.

REUs for Howell High School

Mr. Hanvey said he attended a meeting with the high school representatives, their attorney and

engineer, Phil Westmoreland and Angela Campbell from OHM to discuss REUs.  There are

probably some energy-saving devices that are available in the high school that will be presented

to the engineers for their review.  A likely number is .038 REU per student, which is

approximately .75 REU per classroom.

Tammy Beal motioned to postpone this item until more information is received from the school’s

engineer.  Dave Hamann seconded.  Motion carried 5-0.


OHM provided a proposal with estimated cost.  Mr. Hanvey said he and Mr. Musson attended

a meeting with the Livingston County Road Commission, and the LCRC agreed to begin the

studies to see if it is appropriate to tar and chip Cedar Lake Road between Coon Lake Road

and Jewell.  Phil Westmoreland said the estimate is for the best-case scenario for doing the

road—three applications of chip seal, adding 21AA, taking care of the soft spots, etc.

It doesn’t mean the township couldn’t do less.  This estimate will provide the best long-term

result.  Mr. Hanvey said the LCRC also stated that the township is in store for repairs on D-19

near McGowan’s.  It’s a 75-day project and during that time, the road will be closed

completely for about two weeks.  In 2006, they are planning to do the new high school entrance

and widen Michigan Avenue from the expressway toward the city.  Mr. Hanvey said the

township also received a letter from Steve Wasylk from the LCRC indicating the township has

approximately $20,000 in GRIP money available this year, and they would like to have answers

from the township by April 15.

Sue Lingle motioned to postpone this item for additional information.  Dave Hamann seconded.

Motion carried 5-0.

OHM Peavy Force Main

Mr. Hanvey said that last month, the board elected to do the boring and a proposal was received from

OHM for the engineering at $24,000. 

Dan Lowe motioned to accept OHM’s proposal for design and construction services for the Peavy Road

Force Main for $24,000 and to authorize the township clerk and supervisor to sign the contract. 

Tammy Beal seconded.  Roll call vote:  Dave Hamann , Sue Lingle, Bob Hanvey , Tammy Beal,

Dan Lowe—all yes.  Motion carried 5-0.


Pinebrook Meadows

Jim Lawrence and his engineer from Advantage Civil Engineering were present to request

approval for Pinebrook Meadows.  The property is on Norton Road just south of Mason.  The

township attorney, engineer and planner have reviewed the documents.  The attorney suggested

minor changes to the documents.  Bob Hanvey had several questions on items in the Master

Deed, which he reviewed and discussed with Mr. Lawrence.  Mr. Lawrence said he didn’t see

anything substantive that would affect his request.  Sue Lingle asked if the verbiage regarding the

 number of units was changed.  Mr. Hanvey said yes.  Dan Lowe said the print indicated the 7-9

trees across the front would be transplanted.  He said they are sitting on fiber optic lines. 

Mr. Lawrence said they are trying to save as many trees as possible.  If they can’t be transplanted,

then they will buy new ones. Mr. Lowe said the wetlands area on the north side had been dammed

up, and that needs to be taken out.  Mr. Lawrence said he was told it was taken out; if not, it will be

Mr. Lowe said most of the sewer is 10-11 feet deep.  The leads should be run to within 4-5 feet of

the surface so when they make the taps, they’re not into the water table.

Sue Lingle asked about the road maintenance agreement.  Mr. Lawrence said it’s outlined in the

master deed.  Each lot owner is required to contribute an equal share.  Ms. Lingle asked how it

would be enforced.  Mr. Lawrence said the board of the homeowner’s association is required to

take action.  He said he is willing to make changes to the agreement so the board is more

omfortable. John Lowe, chairman of the Planning Commission, suggested the board members

review the items that they are concerned about with the township attorney. Dave Hamann

motioned to grant final site plan approval for Pinebrook Meadows site condominium, a

development of 17 residential lots on 12 acres, subject to finalizing any clarification that the

township attorney feels needs to be made on the final copy; also, contingent on approval of final

Exhibit B by attorney; and that the sewer leads are 4-5 feet from finished grade. Tammy Beal

seconded. Motion carried 5-0.

OLD BUSINESS (continued)

Hometown Village

Sue Lingle said she is concerned that Hometown Village was originally approved with multiple

variances, including the width of the roads, and there needs to be enough room to park cars

between the sidewalk and the garage.  Dan Lowe said he doesn’t think allowing front-entrance

garages will change it significantly.

Sue Lingle motioned to allow the developer of Hometown Village of Marion (Delcor) to build the

Chesapeake, Barrington or Kensington models on up to 25% of the lots in the total project, and

that the buildings be situated in such a fashion on the envelope to allow 28 feet between the

garage door and the back (inside) of the sidewalk; and to record as an amendment to the PUD

 if the township attorney feels it’s necessary.  Dave Hamann seconded.  Motion carried 5-0.

NEW BUSINESS (continued)

Copperfield Villas

Bob Hanvey said there is a letter in the packets from Mike Boss requesting that the township special assess the

28 parcels in Copperfield Villas for sewer and water. It has been verified with John Axe that if the three lots along

the road are separated, the remaining lots would be considered unserved and could be special assessed. 

Dan Lowe motioned to proceed with requirements for forming a special assessment district for 28 lots

in Copperfield Villas.  Dave Hamann seconded.  Motion carried 4-1 (Lingle.)

Burnham & Flower Insurance

Tammy Beal motioned to pay the Burnham & Flower insurance premium invoice. Sue Lingle seconded

Roll call vote:  Dave Hamann , Bob Hanvey , Sue Lingle, Tammy Beal—yes; Dan Lowe—no. 

Motion carried 4-1.

Hall Policy

Sue Lingle has concerns with the $50 key deposit, and believes it should be less.  Tammy Beal said if

the group uses the hall every month, the deposit is paid once and given back when the group no

longer uses the hall each month.  Dave Hamann motioned to table this item. Tammy Beal seconded. 

Motion carried 5-0.

Recycle Livingston Solid Waste Challenge Grant

Bob Hanvey said this involves both the electronic recycling and matching funds for the regular spring

clean up.  Sue Lingle motioned to approve the electronic recycling with Recycle Livingston for $1000. 

Dave Hamann seconded.  Roll call vote:  Tammy Beal, Dan Lowe, Dave Hamann , Bob Hanvey ,

Sue Lingle—all yes.  Motion carried 5-0.

Zoning and Wellhead Protection Area Maps

A proposal from OHM is included in the packets, and a memo from the zoning administrator

requesting the board’s review.  Ms. McNamara said she would like the zoning map updated. 

Typically, after the comprehensive plan is adopted, the zoning map is updated to reflect any

changes. Mr. Hanvey had a question about the private road issue.  Mr. Westmoreland said

they would provide a list of the approved private roads and create an overlay on GIS. 

Discussion ensued about various issues (county updates, training township staff to update,

software, etc.)

Sue Lingle motioned to accept OHM’s proposal, with the modification that the zoning districts will

follow parcels lines with no split zoning parcels Tammy Beal seconded.  Roll call vote:  Dan Lowe,

Dave Hamann , Tammy Beal, Sue Lingle, Bob Hanvey —all yes.  Motion carried 5-0.


Dave Hamann reported that two meetings were held in February.  A workshop on private roads was

held on February 15.  The regular meeting was held on February 22.


Provided in packets.  


Dan Lowe reported that the ZBA met on March 7, and all three cases were tabled until the

April meeting.


Provided in packets.


Tammy Beal motioned to accept the treasurer’s report with expenses of $63,951.61.  Dave Hamann

seconded.  Motion carried 5-0.


Provided in packets. 


Charlie Musson had comments about the dog ordinance. 


Bob Hanvey said the Parks & Recreation partnership grant has been signed


Sue Lingle motioned to adjourn the meeting at 10:45 p.m.  Dave Hamann seconded.

Motion carried 5-0.