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                                 MARION TOWNSHIP

                    PLANNING COMMISSION

                          July 27, 2004  




                                    JIM ANDERSON

                                    DAVE HAMANN

                                    DEBRA WIEDMAN-CLAWSON


                                    PHIL WESTMORELAND, TOWNSHIP ENGINEER

                                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR



The meeting was called to order at 7:35


All present


John Lowe requested the agenda be amended to include Fox Meadows and review definition for 

Lot Area, Gross, clarification needed, add as final items under New Business.  Jean Root motioned 

to approve the agenda as amended.  Jim Anderson seconded.  Motion carried 5-0.


None heard.


Jean Root requested the following corrections.  Page 2, incorrect spelling of interpreted.  Page 2, 

addition of Phil Westmoreland point regarding planners’ responsibility to direct developers as to 

Planning Commission concerns when reviewing site plans at pre application meetings.  Page 4

proposed Adler development; reads as if Mike Boss was at meeting, clarify the question was asked 

prior to the night of the meeting.  Dave Hamann motioned to table the minutes as to the next 

regularly scheduled meeting.  Debra Wiedman-Clawson seconded.  Motion carried 5-0.


Planning Commission Rules and Procedures of 1996

Planning Commission reviewed the document.  Debra Wiedman-Clawson questioned the call to the 

public items being continued later in the meeting.  John Lowe stated the agenda is published so 

anyone would like to be involved in the discussion has a chance.  The item brought up during call 

to the public can be placed on the next agenda.  Page 5, at chairpersons’ discretion, public 

participation may be allowed on agenda items.  Jean Root motioned to send to Mike Kehoe, 

Township Attorney for final review of the Planning Commission Rules and Procedures of 1996,

and forward to Board of Trustees for their review.  Add to the August 24, 2004 Planning 

Commission regular agenda for adoption.  Jim Anderson seconded.  Motion carried 5-0.

Review of the Draft List of Private Roads

Dave Hamann suggested Planning Commission review between now and the next workshop.  

Debra Wiedman-Clawson suggested separating the new private road developments from the old 

private roads.  The new developments do not have the problems the older ones have. 

Dave Hamann motioned to table review of the draft list of private roads to the next Planning

Commission Special Meeting.  Debra Wiedman-Clawson seconded.  Motion carried 5-0.


The Meadows West Special Use Permit

Debra Wiedman-Clawson will abstain from this agenda item.  Site Plan has been sent out for review

 and comment.  As the comments come back they will be forwarded to Desine, Inc. so changes 

can be made prior to the August 24, 2004 regular meeting.  Dave Hamann motioned to set public 

hearing for August 24, 2004 at 7:00 p.m.  Jim Anderson seconded.  Motion carried 4-0

Debra Wiedman-Clawson abstained. 

MHOG Well houses #5 & #6

Kari Joswick of Tetra Tech presented site plan on behalf of MHOG.  The site plan was reviewed and

approved in 2003.  In the near future increased capacity will be necessary, if installed under the 

current contract with Irish Construction monies can be saved.  Security will be increased around 

the well houses with additional fencing.  The berm on the south side of property will be extended 

to a certain point.  The reason for not extending the entire length is because the area may be used

for an expansion in approximately ten years.  Kari noted the stubs to accommodate the potential of 

six more well sites. John Lowe asked if this was the original site plan submitted last year and if the

overall plan had changed since then.  This is an internal phasing.  And does MHOG have ownership

of property to the south. Kari Joswick answered no to all questions. If there is an extension to the

south a new site plan will be submitted. Jim Anderson question security.  Each time he drives by 

the gate is open.   Mr. Hanvey interjected a vulnerability study will be done.  This will be discussed 

tomorrow night at the MHOG meeting. Dave Hamann motioned to recommend approval for 

MHOG addition of well houses #5 & #6, to be sent to the Board of Trustees.  Debra 

Wiedman-Clawson seconded.  Roll Call Jim Anderson, Jean Root, John Lowe, 

Dave Hamann, Debra Wiedman-Clawson all yes.  Motion carried 5-0.

Proposed text amendment – Section 13.03 C – Common Open Space

Dave Hamann motioned to set a public hearing for Section 13.03 C for August 24, 2004, 

at 7:25 p.m.  Debra Wiedman-Clawson seconded.  Motion carried 5-0.

Proposed text amendment – Section 8.02 - Intent

Planning Commission decided to discuss after public input.  Jean Root motioned to set a publish

hearing for August 24, 2004 at 7:27 p.m.  Jim Anderson seconded.  Motion carried 5-0.

Set date for August Special Meeting

Jean Root motioned to set a special meeting for August 9, 2004, at 7:30 p.m. in the new meeting 

room.  Jim Anderson seconded.  Motion carried 5-0.

Fox Meadows

Carroll Strange told the Planning Commission the reason for him attending the meeting tonight to 

clarify language for easement or ownership for entrance to Fox Meadows. A lot line change was 

necessary for the required amount of property for Walter Goodman property.  Mr. Hanvey 

suggested Carroll Strange come back before the Planning Commission to discuss. 

John Lowe asked if there were drawings for the Planning Commission to review tonight.

Planning Commission reviewed the plan with help from Phil Westmoreland to clarify the centerline

never changed, yet property line is six feet closer to the edge.

John Lowe questioned if the property line goes to the easement whether it is gross or net, we will 

clarify tonight that gross lot area is the precedence the Planning Commission has always taken.  

Does this need to take place? Carroll Strange stated if the Livingston County Road Commission 

took sixty feet. John Lowe questioned.  Easement is there whether they use it or not, what 

changes whether they use it or not. John Lowe went to the Livingston County Road Commission 

when the Fox Meadows site plan first came to the Planning Commission and asked if they could 

do whatever you are ever going to do within this intersection within your sixty six foot 

right-of-way and was told yes. Phil Westmoreland said if Livingston County Road Commission

wants to put in five lanes, it cannot be done in sixty six feet. Phil Westmoreland stated. 

If they take significant portions of the lot that render it unusable by law they have to purchase 

entire lot. John Lowe asked if there would be a problem with offsetting this road within the

easement. Phil Westmoreland answered; it is not the recommended way to go about it. 

If there were no extenuating circumstances you definitely do not want to do that. 

Debra Wiedman-Clawson asked.  Does it affect any of the lots?

Phil Westmoreland answered, no. Jim Anderson asked why the road cannot be moved to the east.

Phil Westmoreland answered it can, it will be forced off up here due to the arc of the road.  

Would rather have it centered in that area instead of in front of the lots.

Phil Westmoreland stated you can write the easement so that it cannot be abandoned without 

both parties consent (talking about the sidewalk vs. entire road.)

Carroll Strange handed out a letter from Walter Goodman stating he is in agreement with this.

Jean Root asked John Lowe if his concern was setting a precedence of shifting the six feet to 

one side off center. John Lowe answered yes. The precedence against adjoining property, 

others will say it was done before. Walter Goodman will be part of the road maintenance 

agreement and utilities.  He has to abandon his septic and hook up to utilities.

John Lowe asked.  With the ownership does that affect his right to entry, future access?

Jean Root asked if the attorney has reviewed these documents.

Carroll Strange answered Mike Kehoe has been part of the negations. Mike Kehoe has not

completely objected, yet this plan is the worst of two evils. Jean Root asked if the Livingston

County Road Commission has a problem with the road being off center. Phil Westmoreland stated 

this is a private road and the Livingston County Road Commission does not have jurisdiction.

Jean Root stated we abide by the road commissions standards.

John Lowe; if we go back and clarify the gross area, which is what this question is based on if 

we clarify the lots are based on gross area then this problem goes away.

Jim Barnwell stated the Planning Commission can argue Walter Goodman has enough area 

(over there) he is centered in the overall easement; this is an ingress/egress and public utility 

easement.  He owns that, yet he has the easement over there.

Debra Wiedman-Clawson and he is issuing the easement. John Lowe would like that in the minutes.

Jim Anderson asked for clarification.  If you add the easement to that then he is centered. 

Someone answered; yes. Jean Root asked if the Planning Commission could motion to

recommendation for approval contingent upon review by Mike Kehoe and the Livingston County

Road Commission and with the stipulation the Planning Commission does not want to set

precedence, these are extenuating circumstances.  The Planning Commission recognizes that he

does own the easement that does put it in the middle.

John Lowe asked the Planning Commission if the intent of lot area, say if you have one acre,

which included the road right-of-way, that gross area determined the lot size, not net.  

Walter Goodman has enough acreage is that correct? Carroll Strange answered yes.

Discussion ensued on a SEMCOG master plan that Walter Goodman’s engineer is using as a tool 

for design and the problems it is creating. John Lowe suggested a motion be made stating the 

plan submitted previously with ownership under Fox Meadows and the remaining parcel which 

is based upon gross area, meets the ordinance criteria for a parcel containing over one acre. 

Planning Commission directed the Zoning Administrator to send Walter Goodman a letter 

clarifying; the interpretation this Planning Commission and past Planning Commissions have 

made is that lot area as defined in Article III, Definitions is gross lot areas is the same as the

lot area as indicated in the Schedule of Regulations.

Jean Root motioned to direct Zoning Administrator to notify property owner Walter Goodman,

who is the adjoining property owner to Fox Meadows Site Condominium a notice and definition

of lot area.  Debra Wiedman-Clawson seconded.  Motion carried 5-0.  

Dave Hamann motioned to recommend approval for site plan showing Fox Meadows owning the

private road for Site Condominium.  Contingent on Zoning Administrator assigning a date to the 

site plan then forward to the Board of Trustees for review at their August meeting. 

Dave Hamann amended motion to include:  all documents pertaining to Fox Meadows including 

Master Deed and By-Laws subject to be approved by Mike Kehoe, Township Attorney and forward 

to the Board of Trustees.  Jim Anderson seconded.  Motion carried 5-0.

The Planning Commission discussed the addition of Lot Area, Gross to the footnotes of the 

Schedule of Regulations.  Zoning Administrator will contact Mike Kehoe, Township Attorney to 

find out if this would be the correct placement within the zoning ordinance and if a public hearing

will be necessary.


None heard.


Jean Root motioned to adjourn at 9:27 p.m.  Jim Anderson seconded.  Motion carried 5-0.