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PROPOSED AGENDAS - PLANNING COMMISSION

PUBLIC HEARING

June 26, 2007

7:15 p.m.

CALL TO ORDER:

APPROVAL OF AGENDA FOR:     June 26, 2007 Public Hearing

INTRODUCTION OF MEMBERS:

CALL TO THE PUBLIC:               Agenda Items only – 3 minute limit  

APPROVAL OF MINUTES FROM:   None                               

OLD BUSINESS:

1)     Proposed Amendment – Section 8.04 E #3 – ERS Yard Set Back Requirements

2)     Proposed Amendment – Section 3.02 Figure 3-9 ERS Rear Yard Requirements diagrams 

NEW BUSINESS:

CALL TO THE PUBLIC:

ADJOURNMENT:

                                 PUBLIC HEARING - PROPOSED MINUTES

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

DAVE HAMANN, CO-CHAIRPERSON

JEAN E. ROOT, SECRETARY

JAMES L. ANDERSON

DEBRA WIEDMAN-CLAWSON

MEMBERS ABSENT:                   NONE                                       

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                PHIL WESTMORELAND, ORCHARD, HILTZ & MCCLIMENT

                                                JOHN ENOS, CARLISLE/WORTMAN

                                                ROBERT W. HANVEY, SUPERVISOR

                                                LES ANDERSON, TRUSTEE                                             

*****************************************************************

CALL TO ORDER

Jack Lowe called the meeting to order at 7:18 p.m.

APPROVAL OF AGENDA

Dave Hamann motioned to approve the June 26, 2007 public hearing agenda.  Debra Wiedman-Clawson seconded.  Motion Carried 4-0. 

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves. 

CALL TO THE PUBLIC

John Lowe opened the call to the public.

No response.

Jack Lowe closed the call to the public.

APPROVAL OF MINUTES

No minutes to approve.

OLD BUSINESS

Proposed Amendment – Section 8.04 E #3 – ERS Yard Set Back Requirements

Jack Lowe asked John Enos to summarize the amendments.

John Enos said the language is to clarify the area on a lake lot where accessory structures are allowed.  This is pretty straightforward.

John Lowe asked the Planning Commission members if they had any comments.

There was no response.

John Lowe opened the call to the public.

No response.

John Lowe closed the call to the public.

Proposed Amendment – Section 3.02 Figure 3-9 ERS Rear Yard Requirements diagram

John Enos informed the Planning Commission members this is a diagram for Section 3.02 to help better clarify the above amendment.

John Lowe asked the Planning Commission members if they had any comments.

Jean Root wanted to make sure this satisfied Annette McNamara as she was the one to request the amendment.

Annette McNamara answered yes.

John Lowe opened the call to the public.

No response.

John Lowe closed the call to the public.

Jean Root clarified these proposed amendments will be on the July 24, 2007 Planning Commission agenda.

NEW BUSINESS

No new business.

CALL TO THE PUBLIC

Charles Musson, 333 Triangle Lake Road ; asked how this would apply to an 8,800 square foot lot.

John Enos responded the 8,800 square foot lot would be a lot of record and you could build on that lot.

ADJOURNMENT

Jean Root motioned to adjourn the meeting at 7:25 p.m.  James L. Anderson seconded.  Motion Carried 5-0.

REGULAR MEETING

June 26, 2007

CALL TO ORDER:

APPROVAL OF AGENDA FOR:    June 26, 2007 Regular Meeting

INTRODUCTION OF MEMBERS:

CALL TO THE PUBLIC:               Agenda Items only – 3 minute limit

APPROVAL OF MINUTES FROM:   May 17, 2007 Special Meeting

                                                 May 22, 2007 Regular Meeting                           

OLD BUSINESS:

1)     Proposed Amendment – Section 17.10 Wireless Communication Facilities

2)     Proposed Amendment – Review of Definitions relating to lots

3)     Proposed Amendment – Section 8.03 B#5 & D#15 & Section 17.29 – Two Family Dwelling

4)     Proposed Amendment – Section 6.31 – Family/Accessory Apartment

5)     Proposed Amendment – Article VII – Zoning Districts & Maps/Schedule of Regulations

6)     Proposed Amendment – Section 6.14 Home Occupations

7)     Premier Farms update – Planner to summarize the next stage of Planning Commission review

NEW BUSINESS:

1)     Resident request to review definition of Nuisance – Section 3.02

2)     Verizon request to co-locate on cell tower behind Marion Township Hall

CALL TO THE PUBLIC:

ADJOURNMENT:

                     REGULAR MEETING -  PROPOSED MINUTES

 

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

DAVE HAMANN, CO-CHAIRPERSON

JEAN ROOT, SECRETARY                       

JIM ANDERSON

                                                DEBRA WIEDMAN-CLAWSON

 

MEMBERS ABSENT:                   NONE                                       

 

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                JOHN ENOS, CARLISLE/WORTMAN

                                                PHIL WESTMORELAND, ORCHARD, HILTZ & MCCLIMENT

                                                ROBERT W. HANVEY, SUPERVISOR

                                                LES ANDERSON, TRUSTEE

******************************************************************

CALL TO ORDER

John Lowe called the meeting to order at 7:32 p.m.

APPROVAL OF AGENDA

Jean Root asked that the agenda be amended to accommodate the people who are here for specific agenda items.  Jean Root motioned to approve the June 26, 2007 agenda as amended.  Dave Hamann seconded.  Motion Carried 5-0. 

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves.  All members were present. 

CALL TO THE PUBLIC

John Lowe opened the call to the public.

No response.

John Lowe closed the call to the public.

APPROVAL OF MINUTES

May 17, 2007 Special Meeting Minutes

Jean Root would like ‘Wireless Communication Facilities’ inserted on page 1 of 1 to clarify what the resident was inquiring about during the call to the public.   Jean Root motioned to approve the May 17, 2007 special meeting minutes as amended.  Dave Hamann seconded. 

Motion Carried 5-0. 

May 22, 2007 Regular Meeting minutes

Dave Hamann motioned to approve the May 22, 2007 regular meeting minutes.  Jean Root seconded.  Motion Carried 5-0.

OLD BUSINESS

Premier Farms update – Planner to summarize the next stage of Planning Commission review

John Enos summarized his memo of June 13, 2007.  This is the biggest project in Marion Township , possibly Livingston County and the review process will be thorough.  The Planning Commission recommended approval of the conceptual plan and the Board of Trustees approved the conceptual.  The next step is preliminary review.  John Enos wants to be clear that any reviews done outside of meetings will include  Planning Commission member and Board member.  Marion Township should receive the preliminary plans within two months.  There are standards to be met by the applicant and the preliminary plans will be reviewed by outside agencies, township consultants, the Planning Commission and the Board of Trustees.  Tonight the Planning Commission may want to discuss Private Roads widths with Mark Janeck.

Mark Janeck told the Planning Commission members the next step is engineering plans.  He has concerns regarding the money invested along with the time and effort to develop these plans.  He wants to make certain the Planning Commission and Board of Trustees are in general acceptance with the plan.  The layout may change slightly and he does not want the Planning Commission and Board of Trustees to request major changes after the preliminary engineering plans are finished.  The density may change based on the width of the roads.

Mark Janeck would like a road width of 28' from back of curb from back of curb.

The Planning Commission members are concerned with a 28' private road.  Will this include parking on one side of the street?  There have been problems with HomeTown Village of Marion and the narrow width of the road. 

Mark Janeck will include parking on one side of the road.

Phil Westmoreland recommended a 32' private road with 28' of pavement, including curb and gutter the total will be 32'.  Phil Westmoreland will call the Howell Area Fire Authority and check to see if this is what they need for emergency vehicles.

Debra Wiedman-Clawson asked Mark Janeck if he has seen the email from a resident on Emily Court , the resident is concerned with the density surrounding the Private Road Emily Court.  The lots on Emily Court are 2 plus acres.  Debra Wiedman-Clawson wants to make sure Mark Janeck is aware of this concern.

Mark Janeck acknowledged, yes he is aware of the email.

John Lowe asked if Mark Janeck would be available in the near future to walk the site and if the other Planning Commission members would find this helpful.  The Board of Trustees can be a part of this.

John Enos noted this will require publication of some sort and it will be a meeting open to the public.

Mark Janeck and the Planning Commission members agreed to walk the site on Tuesday, July 10, 2007 starting at 6:00 p.m. and ending at 7:00 p.m.  Everyone will meet at the intersection of Amos Road and Norton Road .  Mark Janeck will send 15 sets of plans to Marion Township one week prior to the meeting.  The Planning Commission members asked that he indicate on the plans where Phase I will be.

NEW BUSINESS

Verizon request to co-locate on cell tower behind Marion Township Hall

John Lowe asked John Enos if he had any comments.

John Enos stated this is straightforward and he has no comments.

James L. Anderson asked the size of the antenna.

David Antoun said 4’ x 1’ wide on a crows nest, there are 4 antennas on each side and three sides.

James L. Anderson asked if they could match the antenna that is already on the tower.

David Antoun said everyone’s antennas are different.

John Lowe noted the building is substantially larger than the existing AT&T cabinet.

James L. Anderson asked if the diesel fuel is in its own room, he is concerned with containment if there is a spill, does the structure have the volume area necessary.

Phil Westmoreland and James L. Anderson went over the calculations and James L. Anderson was satisfied with the safety of the building and surrounding area.

Jean Root motioned to give preliminary/final approval to Verizon to co-locate on the mono pole located behind Marion Township Hall.  The Planning Commission has confirmed the total containment area in case of spills.  Debra Wiedman Clawson seconded.  Roll Call: Debra Wiedman Clawson yes; Dave Hamann yes; Jean Root yes; James L. Anderson yes; John Lowe yes.  Motion Carried 5-0.

Resident request to review definition of Nuisance – Section 3.02

Jerry McClure, 3910 Cedar Lake Road ; moved to a home on Cedar Lake Road a few years ago.  He asked his realtor, the previous owner and someone at the Marion Township hall if the track on the 80 acres next to him is used as a moto-cross track.  He was assured it was not.  He asked again at the closing and was assured it was not.  He found out it is and this is affecting his quality of life.  The track is always in use by more than the two children who live with their parents on the property.  The dust is so thick you cannot enjoy the outdoors in the summertime.  You cannot barbeque; the food gets a layer of dust on it.  The track isn’t located by the property owners home and pool, it is located up against the neighbor’s homes.  He has spoke to the owner and did not get any sympathy.  He is asking Marion Township to look at implementing a nuisance ordinance.

Marlas Grieger, 3835 Cedar Lake Road ; many residents near the track have their homes up for sale because of the track, noise and dust.

Tammy Rabideau, 3776 Cedar Lake Road ; a fire was started on her front porch the other night.  She feels it is in retaliation for complaining to the owner of the track.

John Lowe asked John Enos if there was anything in the Zoning Ordinance or General Ordinance that would address this.

John Enos said this is part of the rural character yet there will be future growth and Marion Township can look at how to enforce a tough issue.  The options are to enact a civil infraction bureau, work on a zoning ordinance or general ordinance to address this.

Marlas Grieger, 3835 Cedar Lake Road asked the Planning Commission what the next step should be.

A previous civil suit the township knew of was discussed and the possibility of the Cedar Lake Road neighbors moving in that direction.  A judge has a much bigger hammer than the township.  The couple involved with the previous civil suit did not hire an attorney.  They took times and dates along with a video to the judge and within two court sessions the problem was solved.

Marlas Grieger, 3835 Cedar Lake Road ; still wants the township to work on this, she cannot understand how one neighbor can affect so many people in a negative way, it isn’t fair.

Debra Wiedman Clawson is concerned if the township enacted a zoning ordinance it would not address a pre-existing condition.

John Enos agreed a general ordinance would be retroactive.

Debra Wiedman Clawson also noted two other townships recently had the same issue; they took the homeowner to court and shut down the track.

Annette McNamara will ask Mike Kehoe for direction on sending a notice of violation based on a definition for nuisance.

Jean Root will draft a memo to the Board of Trustees and request their thoughts on a civil infraction bureau, the definition of nuisance and a general ordinance addressing nuisance.  She will ask for their response in writing.

Proposed Amendment – Section 17.10 Wireless Communication Facilities

John Enos said the changes are based on discussion and concerns with the existing text.

The Planning Commission members reviewed the proposed text and requested the following changes.

Page 1 of 7; Section B #1 - place a period after Rural Residential and the last sentence should read "The location of any WCA shall not exceed two hundred (200) feet in height unless:"

Page 2 of 7; Section B #7 - delete Planning Commission review and add text for administrative review along with criteria for that review.

Page 3 of 7; Section C 1 i - include contacting the Livingston County GIS to let them know of new structures or antennas.

Page 5 of 7; Section C 3 b second paragraph - add shall require propagation maps for all co-locators and all towers within Marion Township boundaries and 2 miles into contiguous communities.

Page 6 of 7; Section C 3 e #7 - include text to make applicant aware that a review and comment may be required by an independent radio frequency engineer.

Page 7 of 7; Section C 4 c #4 - strike number four.

Page 7 of 7; C 5 - John Enos will provide text on bond for removal of tower to be renewed every five years.

Discussion ensued regarding a site plan review that has not been acted upon in the last eight months.  The Planning Commission requested additional info and the applicant has yet to submit this material.  Can a letter be sent to the applicant requesting they withdraw their application?  Can the application be denied due to no submittals?

John Enos will discuss with Mike Kehoe the above possibilities and Annette McNamara will find out which zoning ordinance the applicant would have to follow if the text is amended prior to them building the mono pole.

The Planning Commission members reviewed the definitions John Enos provided for Wireless Communication Facilities and asked John Enos to pull out the best text and bring it back to the Planning Commission for the July 24, 2007 meeting.

Jean Root motioned to table section 17.10 Wireless Communication Facilities and the definitions to the next regularly scheduled meeting.  James L. Anderson seconded.  Motion Carried 5-0.

Proposed Amendment – Review of Definitions relating to lots

Jean Root motioned to table definitions relating to lots to the July 24, 2007 regular Planning Commission meeting.  James L. Anderson seconded.  Motion Carried 5-0.

Proposed Amendment – Section 8.03 B#5 & D#15 & Section 17.29 – Two Family Dwelling

Jean Root motioned to table Section 8.03 B #5 & D #15 and Section 17.29 Two Family Dwellings to the next regularly scheduled meeting.  Dave Hamann seconded.  Motion Carried 5-0.

Proposed Amendment – Section 6.31 – Family/Accessory Apartment

Jean Root motioned to table Section 6.31 Family/Accessory Apartment to the next regularly scheduled meeting.  James L. Anderson seconded.  Motion Carried 5-0.

Proposed Amendment – Article VII – Zoning Districts & Maps/Schedule of Regulations

Jean Root motioned to table Article VII Zoning Districts & Maps/Schedule of Regulations to the next regularly scheduled meeting.  Debra Wiedman-Clawson seconded.  Motion Carried 5-0.

Proposed Amendment – Section 6.14 Home Occupations

Jean Root motioned to table Section 6.14 Home Occupations to the next regularly scheduled meeting.  James L. Anderson seconded.  Motion Carried 5-0.

Discussion on the cell tower at Parker High School

John Lowe addressed the letter from Rick Terres at Howell High School .  John Lowe wants to pursue a Site Plan Review on the cell tower and sign proposed for the Parker High School .

Debra Wiedman-Clawson noted if we did not send a letter within 60 days of being notified we cannot make that request.  She asked the Planning Commission to request the Board of Trustees notify the school and did not get a response.

John Lowe wants to pursue it anyway.

Annette McNamara will write a letter to Rick Terres asking for an appointment at his earliest convenience.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

No response.

Jack Lowe closed the call to the public.

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 10:10 p.m.  Jean Root seconded.  Motion Carried 5-0.