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MARION TOWNSHIP

PLANNING COMMISSION

AGENDA and DRAFT MINUTES

PUBLIC HEARING

June 22, 2010

7:15 p.m.

 

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA FOR: June 22, 2010 Public Hearing

INTRODUCTION OF MEMBERS:

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

APPROVAL OF MINUTES FROM:  None

OLD BUSINESS:

  1. Baruzzini Special Use Permit review – located in the Rural Residential District on the south side of Combine Court – Tax ID# 4710-28-200-040 – 3069 Combine Court – proposed use; Commercial Kennel
  1. Proposed Amendment – Wellhead Protection Area Section 6.27

NEW BUSINESS:

CALL TO THE PUBLIC:

ADJOURNMENT:

                                     DRAFT MINUTES

PUBLIC HEARING @ JUNE 22, 2010

  

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

JEAN ROOT, SECRETARY

JERRY SIDLAR, CO-CHAIR

JIM MURRAY

BOB HANVEY

 

MEMBERS ABSENT:                   NONE

 

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                JOHN ENOS, CARLISLE/WORTMAN & ASSOCIATES

LES ANDERSEN, TRUSTEE

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

CALL TO ORDER

John Lowe called the meeting to order at 7:20 p.m. 

PLEDGE TO FLAG

APPROVAL OF AGENDA

Jerry Sidlar motioned to approve the June 22, 2010 public hearing meeting agenda as submitted.  Jean Root seconded.  Motion Carried 5-0.

INTRODUCTION OF MEMBERS

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

CALL TO THE PUBLIC

John Lowe opened the call to the public.

Jim Barnwell, 2183 Pless Drive, Brighton; gave the Planning Commission members a copy of a review he did on the Baruzzini special use proposal.

Mike Kollath, 3069 Combine Court; gave the Planning Commission members copies of photos he took of the Baruzzini property.

John Lowe closed the call to the public.

APPROVAL OF MINUTES

No minutes to approve.

OLD BUSINESS

Baruzzini Special Use Permit review – located in the Rural Residential District on the south side of Combine Court – Tax ID# 4710-28-200-040 – 3069 Combine Court – proposed use; Commercial Kennel

John Lowe asked John Enos to summarize his review letter.

John Enos introduced himself as the Marion Township Planner and informed the public on special uses within each District of Marion Township.  If the special use submittal meets the conditions of the Zoning Ordinance such as lighting, parking, placement of structures and so on.  The applicant provided a variety of information and met most of the requirements.  John Enos would like the Planning Commission members to consider the following issues.

  1. Waste removal
  2. Landscaping
  3. Food storage
  4. Septic system

John Enos told the audience members if the application is approved and the conditions are not met the special use permit can be revoked.

John Lowe asked Mr. Baruzzini if he had additional information to present tonight.

Ted Baruzzini doesn’t want the neighbors to get hung up on the word commercial.  It has a negative connotation.  His kennel will only house one more dog than would be allowed with a Hobby Kennel. 

John Lowe asked if the Planning Commission members had any questions.  There was no response.  John Lowe asked John Enos to go thru the issues in his review letter.

Item #1 – Landscaping – John Enos is suggesting two islands of three trees within each island on the north side of the exercise area and three trees placed along the westerly side for a total of five landscape areas.  Six foot evergreens would be best.

jim Barnwell, 2183 Pless Drive, Brighton;  point of order, he thinks the Planning Commission members are making decisions without the input from the public.

John Lowe responded he is trying to expedite the process by informing the audience of items that will be addressed so there will not be repetition.

Item #2 – Waste removal

Ted Baruzzini has spoken with the Robert Paul, Sanitation Engineer for Livingston County Department of Public Health (LCDPH).  Robert Paul said there is no requirement to hook into Baruzzini’s septic system and suggested composting the waste.  The pens will be cement flooring on the inside and the outside.  Outside pens will slope from the inside to the outside and the indoor pens will slope from the outside to the inside and flow into a pipe that will drain into his lawn.  He is installing four Dog Dullies near the kennel to compost the waste. 

Jerry Sidlar asked what he will do when the temperature is less than 40 degrees, the Dullies do not work at that temperature.

Bob Hanvey said others have placed a dumpster on site and had the waste hauled away.

Jerry Sidlar said just as long as the applicant is open to other options and is flexible.

Ted Baruzzini said that is open and flexible to other methods of removal.

Item #3 – John Enos noted the site plan requirements called out in the Zoning Ordinance.  The real question is does the site plan submitted by the applicant provide the Planning Commission members with enough information to make a decision.  John Enos asked the Planning Commission members if they want anything more specific.

Jean Root would like to see a landscape plan.

Bob Hanvey said in the past Marion Township has dealt with contentious situations and referred to the sled dog violation.  The problem with that was all the dogs belonged to the owner of the property.  That would not apply to this situation as Mr. Baruzzini owns two dogs.  If problems occurred the applicant would have to stop the operation until compliance was achieved.

Item #4 – John Enos said this is more of a statement and again if there were problems the permit would be revoked.  Annette McNamara noted the Livingston County Animal Control (LCAC) inspects the kennels and sends a report to Marion Township.

Item #5 – John Enos thought this was worth discussion and asked the applicant how he will store the food.

Mr. Baruzzini said he will store the food in the office in 40 pound dispensers off of the ground.  The food will be kibble.  Yet if clients bring other foods he will store it properly.  Medications will be stored in his home or locked inside of the kennel office.

Jean Root would like to see the sidewalk drawn on the site plan and asked if it would meet American with Disabilities Act (ADA) requirements.

John Enos answered yes and Mr. Baruzzini agreed to show on the site plan and is aware of the requirements.

Item #6 – discussion on chain link fencing and when the dogs will be able to see one another.  Ted Baruzzini said they will only be able to see one another inside of the building which will be built with cement block and blown insulation.

Item #7 – discussion of the definition of a rear yard for a lot on a cul-de-sac and that the Zoning Ordinance allows for the Zoning Administrator to make the determination.  John Enos noted he agreed with the Zoning Administrator interpretation.

John Lowe addressed the audience and hoped this helps them answer their questions.

John Lowe opened the call to the public.

Jim Barnwell, 2183 Pless Drive; Brighton; repeated what was addressed in the Carlisle/Wortman Associates, Inc. review letter. Questioned if this meets the Master Plan and asked throughout the public hearing if this is harmonious with the area.

Ted Baruzzini does not think Jim Barnwell has the right to tell the Planning Commission members how to do their job and the issues he brings up are redundant.

Mike Kollath, 3069 Combine Court; has concerns with waste removal, a paved exercise area and would like to see all of it moved south.

John Enos noted the concerns with waste removal have been addressed.  An exercise area is optional and there is no requirement to pave. The applicant has met the qualifications and will do all that is necessary to make sure the kennel is run in an appropriate manner, again this kennel will be inspected by the LCAC.

The Planning Commission members asked Ted Baruzzini if he would be will to move the kennel to the south.

Discussion ensued; if the kennel is moved does this eliminate the landscaping and an easement that runs through the property.

The following people attended the public hearing and brought up nuisance, deed restriction, waste removal, hours of operation, employees and private road maintenance. The nuisance issues and waste removal were addressed earlier.  Deed restrictions are not enforced by Marion Township; it would be up to the Home Owners Association to enforce. The hours of operation will be listed in the ‘Conditions of Special Use’ that the Baruzzinis will sign along with Marion Township officials. There will not be any employees and the operation will not be expanded to allow additional dogs. The public wanted to know what will happen if the Baruzzinis sell; this will also be addressed in the conditions.  Mr. Baruzzini has been maintaining the private road since he moved in. He has the road graded and the bill is divided between he and his four neighbors, Mr. Baruzzini pays his share. Snow removal is arranged by Mr. Baruzzini and he asks his neighbors to pay what they feel is fair, again Mr. Baruzzini pays his share.  All of the road maintenance is done by Mr. Baruzzini’s family members who have the equipment for the job.

Connie Bukoski, claimed to be representing Mr. & Mrs. Corrigan.  They may not be willing to build with a kennel across the street.

Mary Ann Bahr, 3201 Grass Lake Court; she sent a letter via email addressing her concerns. This letter will be attached to the minutes.

Marty Richie, 3173 Grass Lake Court; would like to know the parameters for complaints.

Bob Hanvey summarized the most recent situation regarding barking complaints in other areas of Marion Township .

The question of what would be done with the building if the kennel operation was closed.

It was noted that a similar operation including horses, dogs and running a business out of the home is taking place on the parcel to the west of the Baruzzini parcel. 

Ted Baruzzini said he would knock down the inside walls and use as an accessory structure.

Would this structure comply with the Marion Township Zoning Ordinance?  Annette McNamara answered yes.

Andrea Wallen, 3145 New Holland Drive; repeated the issues stated above.

Randal Gerding, 3145 New Holland Drive; repeated the issues stated above.

Brian & Tina Holmes, 3110 Combine Court ; sent a letter that will be attached to the minutes.

Ted Baruzzini invited all of his neighbors to his parcel to discuss the operation in an attempt to alleviate their concerns.

John Lowe closed the call to the public.

Jean Root noted the following people sent written comments for the Planning Commission to review.

  1. Brian & Tina Holmes, 3110 Combine Court
  2. Mary Ann Bahr, 3201 Grass Lake Court
  3. Jim Barnwell, 2183 Pless Drive

Proposed Amendment – Wellhead Protection Area Section 6.27

John Lowe opened the call to the public.

Jim Barnwell, 2183 Pless Drive, Brighton; asked what part of the text was amended.

John Enos answered; the amended text is regarding the wellhead protection area for the City of Howell well.  Marion Township would like to send any site plans submitted for development in this area to be reviewed by the City of Howell personal in relationship to their standards.

Jean Root noted there were also housekeeping amendments.

The Planning Commission members are satisfied with the text.

John Lowe closed the call to the public.

NEW BUSINESS

CALL TO THE PUBLIC

John Lowe opened the call to the public.

No response.

John Lowe closed the call to the public.

ADJOURNMENT

Jean Root motioned to adjourn the public hearing at 9:04 p.m.  Jim Murray seconded.  Motion Carried 5-0.