To the editor:
Feel the energy! The energy of more than 60 of our residents who took time out of their busy schedule to attend the Zoning Board of Appeals meeting. (The Citizen, ‘Keep our wetlands?, page 1, July 28). It was standing room only.
These brave residents had the courage to come to this meeting to urge the board to do their job to represent their constituents and to uphold our ordinances regarding development and specifically, the protection of wetlands. Our purpose there was not to stop development- we recognize zoning and personal property rights, but to demand ‘responsible? development. As a community, we have already begun to define responsible development through our master plan, our overlay district (which was approved as part of our master plan), through our ordinances and through our requirements placed on previous developments.
Sad to say, our input was neither welcomed nor acknowledged by the board.
At issue was Brandon Development-Lockwood LLC’s (Mike Riddle and Steve Collin) request for a ‘hardship? variance from our ordinance requiring a 25-foot buffer around all legally identified wetlands. They stated they needed to use this 25-foot buffer to access the wetland area the MDEQ had given them permission to use. This permit prominently states that all local regulations take precedent over the permit. This development is taking place in the highest ranking Michigan DNR identified Priority One property (as defined in the Michigan Natural Features Inventory), the highest priority assigned, left undeveloped in Brandon Township
Steve Collin, representing the LLC, based his appeal on hardship, meaning he could not use the property as intended by the zoning. He was not questioned by the board regarding ‘hardship,? yet was approved for the waiver 3- 1. The board chairperson stated that DEQ had done their due diligence, that she was satisfied with their approval and that this vote was simply a technicality. The other ‘yes? members agreed.
I say no, it was not a technicality. That is why the permit clearly states that local regulations take precedence over the permit. Obviously, the DEQ has higher priorities on their agenda, including the falling levels, invasive species and pollution of the Great Lakes; the sand dunes; and the pumping of millions of gallons of ground water. So, Kearsley Creek and Brandon Township may not seem significant to them. That is why the permit allows for local precedence. Do we need a master plan, ordinances, or for that matter, a zoning board of appeals if we are simply going to let Lansing make our decisions for us?
The developer also stated that we would lose the conservation easement on the approximately 24 acres if we did not approve his use of the wetlands. The board chair reiterated in her comments that we would lose the protection of this land. It was stated by several citizens, yet ignored by both the developer and board chair, that 19.3 acres that constitute the proposed conservation easement are legally identified wetlands that cannot be developed.
At the same meeting, a township resident appealed for a setback requirement to build a garage closer to the lot line. He was questioned by several members of the board why he could not build it within the requirements. He was required to define his ‘hardship,? which included the inability to build over either his septic field or his well and the location of a mature oak tree. He also submitted a letter from his neighbor stating they had no problem with his request.
It was grossly apparent that citizens and developers are not viewed equally by the members of our zoning board of appeals.
A few kudos to Tim Palulian for his time and effort in our many discussions prior to the meeting and trustee Duane Getzmeyer, the dissenting vote.
We are at a crossroads for our township. Do we become the pawns of every developer and become another Dixie Highway, or do we carefully determine our future to remain the rural, beautiful township we still are? If you care and would like to help the cause, there are several things you can do. First and foremost, become informed. Attend the board, planning commission and zoning board of appeals meetings. Second, vote for the candidates that will best represent you by upholding and improving our master plan and ordinances. Third, join our group of concerned citizens. We will be holding our next meeting soon to outline our mission and our activities. Please send contact information to carolskiw@yahoo.com and we will keep you updated.
Cheryl Gault
Brandon Township