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 Draft minutes   

                                 MARION TOWNSHIP


                         May 25, 2004 


MEMBERS PRESENT:     John Lowe, Chairperson

                                       Jean Root

                                       Jim Anderson

                                       Dave Hamann

                                       Debra Weidman-Clawson


OTHERS PRESENT:      John Ambrose, Planning Consultant

                                     Phil Westmoreland, Township Engineer

                                     Annette McNamara, Zoning Administrator



The meeting was called to order at 7:30 p.m.


Dave Hamann motioned to approve the agenda for May 25, 2004.  Jim Anderson seconded.

Motion carried 5-0.


Nancy Johnson, 2677 High Meadows Road .  Here to discuss township policy regarding parcel

splits on private roads.  She has been told if the road meets Livingston County Road Commission

 (LCRC) standards or if there is a Private Road Maintenance Agreement (PRMA) the parcel can be

 split, if not there can be no splits.  A parcel on High Meadows Road has been split.  The road has

 existed over 25 years, there is no PRMA and the road does not meet LCRC standards, her

husband does all the maintenance on the road and typically does not receive reimbursement. 

There are two parcels remaining that can be split, a 7 acre and a 10 acre. 

Bob Hanvey, Supervisor stated the assessor inherited a list of approved private roads in the

township and High Meadows Road was on the list, which is how the split went through.

John Lowe asked if a PRMA was also a criteria for approval of a split on a private road.

Bob Hanvey stated in 1976 the township did not ask for PRMA.

A land division cannot be denied if it meets state requirements.  A land use permit can be denied.

Nancy Johnson is concerned a 10 acre parcel just went up for sale.

Dave Hamann do property owners own to the centerline of the road?

Nancy Johnson answered yes.  Currently there are 18 homes on the road.

Dave Hamann questioned if the other home owners have been asked to contribute.

Nancy Johnson answered at least five times. Annette McNamara agreed to contact Mike Kehoe,

Township Attorney, discuss situation with the assessor and get back with Nancy Johnson.


Debra Weidman-Clawson motioned to approve the minutes dated April 27, 2004 Public Hearing.

Jim Anderson seconded.  Motion carried 5-0.

Jean Root asked for clarification on; page 2 of 8 current level of service stated as a ‘B’ yet thinks

it should be a level ‘C‘?  Annette McNamara to check and change.  Also;  sentence that reads

maximum build out at current zoning would be 40 REU’s.   Can we clarify the current zoning as

Suburban Residential?  Dave Hamann motioned to approve the minutes dated April 27, 2004

Regular meeting.  Jim Anderson seconded.  Motion carried 5-0.



Jean Root motioned to postpone RZN# 4-03 until applicant requests to be placed on the agenda.

Jim Anderson seconded.  Motion carried 5-0.


John Lowe made reference to a letter from Mike Kehoe, Township Attorney.  Clarification

regarding the ownership of property at the entrance of development (66’ ingress/egress) and

the property to the east.  Legal descriptions and Condominium documents are conflicting.

Steve Morgan agreed these documents were not correct.  The changes will be made to have this

be an ownership not an easement. Wally Goodman, 35180 Farmington Hills owns the

66’ ingress/egress and the property to the east.  He wants to maintain the acreage for his

commercial property.  Wants to protect himself down the road.  When he purchased the property

in the Suburban Residential zoning district the minimum requirement to build was 2 acres. The

minimum acreage has since been reduced to .75 acres. John Lowe wants ownership of the

remaining property to the east to be owned by the condominium association also.  The ordinance

states buffering must be placed between the development and the main roadway.  No one will

maintain this piece of property to the east. It will create a non-conforming parcel, a no mans land.

Jean Root read from Mike Kehoe’s letter; the township needs to revisit the site plan as your client

is selling off road frontage that would have provided access the homes in this project. 

John Lowe responded applicant is willing to provide ownership not easement.

Debra Weidman-Clawson stated this ingress/egress will be used by the commercial establishment

and will not have to contribute to the maintenance of the road.  This is not fair to the homeowners.

This is the issue Mike Kehoe is addressing in his letter. John Ambrose does not see the rational

of retaining acreage for commercial. This property will be residential. Commercial property would

have to have direct access to a public road.  It will not be counted as commercial, not buildable

for commercial and the property is zoned residential.

Phil Westmoreland, Township Engineer stated from a technical standpoint it is OK to have the

easement, yet the 66’ and the property to the east becomes a problem.  I understand when they

purchased the property they needed a two acre parcel and since the zoning has changed, they

needed the 66’ road right of way and the 23’ to stay in compliance.  Now it is less and they do not

need it to maintain compliance with minimum acreage. Steve Morgan stated the 23’ would be

under the ownership of the condominium association. John Lowe reiterated; the 66’ and the 23’

would all be owned by the Fox Meadows Condominium Association. Jim Anderson questioned

commercial property being accessed by the Fox Meadows ingress/egress, would this be possible?

That would not be dealt with now.  It would be a land use issue. Jean Root clarified access to

Wally Goodman’s residential property on the corner of Mason Road and Burkhart Road is via the

Fox Meadows ingress/egress, and Wally Goodman is excluded from the PRMA.

John Lowe asked Phil Westmoreland if he agreed that the drainage pond being on an easement is acceptable?

Phil Westmoreland responded, yes. John Lowe asked the developer to submit documentation

(Exhibit B, Master Deed & By-Laws) showing ownership of the 66’ & 23’ strip of property to Mike

Kehoe for his review and comment prior to sending to the Board of Trustees.

Steve Morgan asked the motion include the quick claim of the property after the board approves it.

He would hate to transfer the property and have the board find another issue. He then agreed to

have this done prior to the board meeting. John Lowe asked for John Ambrose opinion.

John Ambrose stated if the board were to approve it subject to any land use permits being issued

for a home they would have to have everything complete.  A land balancing permit would not be

issued until all requirements are met. John Lowe has reservations sending this to the board with

contingencies. Jean Root stated the developers did not have a problem with making it contingent

on the closing documents being finalized before, yet now, it is an issue getting this.  Jean Root

summarized from the motion from the March 23rd meeting.  It included; John Ambrose letter,

township engineer letter, the final review and recommendation of closing documents and the

association by-laws to Mr. Kehoe in time for the Board of Trustees review on or before

April 5, 2004. Debra Weidman-Clawson asked if they have all documentation in line, Mike Kehoe

has approved, the board then acts on it.  If they approve it they can go ahead and record it. 

They can make their approved subject to the filing of documents.

Jean Root motioned to recommend approval of the amended final site plan for Fox Meadows,

Tax ID# 4710-05-200-043, on the following conditions.  The 66’ ingress/egress and 23’ to the

east of the Goodman property be deeded to Fox Meadows Condominium development. The Master

Deed and association By-Laws and closing documents, which will include the legal description for

Fox Meadows and Wally Goodman’s property to be reviewed and approved by Mike Kehoe,

Township Attorney prior to sending to the Board of Trustees.  Dave Hamann seconded. 

Motion carried 5-0.


Dan Depner of Boss Engineering gave a presentation on the revised layout for Jesse Drive . Due to

the numerous variances required with the last plan, Mr. Ward hired Boss Engineering to revise the

plan and reduce the number of variances.  In the fall of 2003, Mr. Ward and a representative from

Boss Engineering requested and attended a pre-application meeting with the township. 

Suggestions were made and a Department of Environmental Quality (DEQ) permit was required

prior to submitting for site plan review.  As the plan stands now, two variances would be necessary.

One for the length of the road—it is 2,385 linear feet.  The second variance would be radius on

centerline of roadway.  Livingston County Road Commission (LCRC) will need further review. 

Mr. Ward pointed out that the LCRC has approved the design of the Jesse Drive entrance at Coon

Lake Road , directly across from the Sundance Meadows entrance. John Ambrose summarized his

letter of May 10, 2004.  Mr. Ambrose added an additional variance would be required for the barn

on lot 9, which would become a non-conforming structure.  Mr. Ambrose proposed approval of

the preliminary site plan subject to variances being granted by the Zoning Board of Appeals and

final approval from the township attorney and township engineer.

Phil Westmoreland gave a summary of his review letter citing the following issues:

  • Road frontage of lot 5 is not the required 150 feet
  • Lot 2 is bisected by the road and questions the small building envelope
  • Lots 1 and 2 are too close to the wetlands to adequately construct.  Suggested orange

       fencing along wetlands boundary during construction

  • Potential homeowners on lots 1 and 2 may want to fill the wetlands in the backyards
  • Cannot easily discern mitigation boundary
  • Wants to see placement of existing well and septic of existing home
  • Clarify runoff of the undetained water; engineer wants to see calculations
  • Clarify radius at north end of road
  • Will there be “No Parking” signs on one side of the road
  • Speed limit signs on curves
  • Show Sundance Meadows entrance on plan
  • Lot 5—is there room for a septic field and a driveway
  • Access to lot 9 through the wetlands
  • Barn and livestock fencing and setbacks

Jean Root asked if Bockhausen has access to their parcel?   Ray Ward answered yes.

The Bockhausens have four splits available and one is their current home. All will have access.

The Bockhausens are not required to contribute to the Private Road Maintenance Agreement

(PRMA). Discussion ensued regarding the issues brought up by Phil Westmoreland.

Greenbelting along the west side of the road was discussed.  The township attorney will be

consulted prior to the ZBA meeting as to whether it applies along the west side of the road.

John Lowe is concerned if the road became public, lot 2 would become non-conforming.

Individual site perks have not been done yet; test holes have been done on the site.

Jean Root motioned to send Jesse Drive to the ZBA, tax ID #4710-22-400-004, with the following

information and/or conditions:

  • Letter from John Ambrose dated May 10, 2004


  • In addition to the two ZBA items mentioned, a variance granting greenbelting on outside

        curve of road for 25 feet

  • Verify all lot road frontages
  • Letter from Howell Area Fire Authority dated May 10, 2004
  • Letter from Orchard, Hiltz & McCliment dated May 18, 2004 with the following corrections:

  item A, paragraph three under general provisions corrected to lot 2; item B, adding item 10

  under recommendations to correct the setback on lot 2 (rear yard setback at 25 feet.)

  • Letter from LCRC dated May 17, 2004
  • MDEQ permit dated April 4, 2004
  • Updated plans to show all regulated and unregulated wetlands

Debra Wiedman-Clawson seconded.  Motion carried 5-0.


Dave Hamann motioned to table Planning Commission Rules and Procedures 1996.  Debra

Wiedman-Clawson seconded.  Motion carried 5-0.


Section 19.02—Nonconforming Lots

Dave Hamann gave a synopsis of reasons for change of language.  Discussion as to the intent of

the changes and recent litigation.  Planning Commission agreed to ask Mike Kehoe, Township

Attorney, to attend the next Ordinance Workshop to explain the changes.

Jean Root motioned to table Section 19.02—Nonconforming Lots.  Jim Anderson seconded. 

Motion carried 5-0.

Access Management

Phil Westmoreland gave an overview of the language.  Discussion ensued as to how to apply to

site plan review, whether this would apply in our township. Dave Hamann motioned to table

Access Management for further review and comment by John Ambrose, Township Planning

Consultant and Mike Kehoe, Township Attorney.  Debra Wiedman-Clawson seconded.

Motion carried 5-0.

Section 6.07—Accessory Structures

Current language, 6.07 1 reads an accessory structure cannot exceed 3 times the ground floor

square footage of principal structure.  John Lowe has concerns this is economically driven.

If you can afford a larger principal structure, then you are allowed a larger accessory structure.

An accessory structure exceeding a certain square footage could possibility require special use

approval.This way the township can monitor use.

Number 7 and number 12 are a repeat of the same language.  Remove number 12.

Dave Hamann motioned to table section 6.07 until the ordinance workshop. Jean Root seconded.

Motion carried 5-0.   

Jean Root wants to add private roads and home occupation.  Debra Weidman-Clawson wants

private stables on the agenda. Add to the proposed ordinance workshop agenda in the following


  • Section 19.02 non conforming lots
  • Section 6.07 accessory structures
  • Private stables
  • Home occupation
  • Private roads
  • Access management

Dave Hamann motioned to set a June 16, 2004 Ordinance Workshop.  Debra Wiedman-Clawson

seconded.  Motion carried 5-0.


No response.


Jean Root motioned to adjourn at 10:40 p.m.