Douglas Lake Shore Association - Local & State News-Blog & Comments

What is the DLSA's interpretation of past court rulings on the publics right to access and use of Lake Michigan beaches?

Wed, 11 Aug 2010 16:31:24 -0500

Here is the DLSA Board's understanding of the present law as determined by the Michigan Supreme Court.

If the "cottage renter " is renting a cottage with frontage on Lake Michigan OR renting a cottage without lake frontage that has legal easement rights that include the right to use someone's beach within that easement, OR if the lake frontage owner has granted specific permission to the cottage renter to use their beach; the renter will have the right to set up chairs, etc.

However, if the cottage renter has no special rights as noted above, the cottage renter is simply a member of the general "public" whose rights include the ability to "walk" across the beach, not set up chairs. This right to walk is limited to the portion of the beach from the water's edge UP TO the "ordinary high water mark" (OHWM). Although the definition of OHWM remains somewhat vague, generally speaking as a practical manner, the vegetation line may be considered the OHWM.

Kalamazoo Oil Spill

Tue, 03 Aug 2010 20:09:35 -0500

FOR KALAMAZOO OIL SPILL INFO
CLICK HERE

National Trust For Historic Preservation Names Saugatuck Dunes....

Wed, 19 May 2010 17:52:19 -0500

National Trust For Historic Preservation Names Saugatuck Dunes in Saugatuck, Michigan to Its 2010 List of America’s 11 Most Endangered Historic Places

Washington, D.C. (May 19, 2010) – Today, the National Trust for Historic Preservation named the Saugatuck Dunes in Saugatuck, Mich. to its 2010 list of America’s 11 Most Endangered Historic Places. This annual list highlights important examples of the nation’s architectural, cultural and natural heritage that are at risk for destruction or irreparable damage.

It is an area of striking beauty. Along the shores of Lake Michigan at the mouth of the Kalamazoo River, the 2,500 acres that comprise the Saugatuck Dunes Coastal Area boast a sparsely-developed landscape of spectacular beach, rare freshwater dunes, water, woods and wetlands; habitat to several endangered species and home to a large number of significant historic and archeological sites. Nestled into the rolling dunes are the 100-year old Ox-Bow School of Art (part of the Chicago Art Institute), several 19th century summer camps and cottage communities, America’s oldest operational hand-cranked chain ferry, and one of only a handful of remaining dune rides. In addition to Native American grounds and trails, an old lighthouse cottage and century-old pilings from an early fishing village, the area contains “Michigan’s Pompeii,” the buried remains of Singapore, an early 19th century mill town and port. This cultural landscape and pristine viewshed is now threatened by a proposed 400-acre residential development, including marina, hotel, restaurant and retail complex -- all prohibited by local zoning laws. The development would have a devastating impact on Saugatuck’s thriving downtown as well as forever mar the last relatively undeveloped harbor mouth on Lake Michigan and the many historic sites that punctuate its rare beauty. The land in question, acquired by the Singapore Dunes LLC development company in 2006 from a private owner, is the subject of a contentious legal battle involving the township of Saugatuck. For nearly five years, Singapore Dunes LLC has taken aim at current zoning laws, which prohibit commercial development on the site. Through a series of lawsuits, threatened lawsuits, tax appeals and depositions, Singapore Dunes LLC has tried to pressure the township to change its zoning laws. The financially strapped township is facing an increasingly expensive fight, one that citizens recently voted to support by passing a millage.

“Saugatuck Dunes is a remarkable, untouched, sustainable cultural landscape, one that has survived despite the aggressive development that has scarred other areas along Michigan’s coastline,” said Richard Moe, president of the National Trust for Historic Preservation. “If this development project proceeds, Saugatuck’s story will be sadly illustrative of many other resort communities that lost their heritage, their character and their distinctiveness in the face of deep-pocketed developers.”

Saugatuck Township has worked hard to preserve its heritage and in 2006 established the Lakeshore Open Space Zoned District. The zoning allows for limited residential development but prohibits commercial development, marinas and retail and specifically calls for site protection of the community’s numerous historic and natural areas. Despite this, Singapore Dunes LLC has been relentless in pushing for a massive development that few in the community support.

In 2009, the National Trust for Historic Preservation named Saugatuck and the nearby town of Douglas to its annual list of America’s Dozen Distinctive Destinations. For 60 years State and Federal agencies have tried to link the area’s parks into more expansive publicly-protected open space. The area is commonly referred to as the "Art Coast of Michigan" and the community’s artistic heritage endures through the Ox-Bow School of the Arts, where students have been inspired by the surrounding historic and natural landscape for more than a century. Even with its many attractions, Saugatuck has managed to maintain an authentic small town feeling, rare among resort communities today.

The public is invited to learn more about what they can do to support these and hundreds of other endangered sites, experience first-hand accounts of these places, and share stories and photos of their own at www.PreservationNation.org/11Most.

The 2010 list of America’s 11 Most Endangered Historic Places was made possible, in part, by a grant from HistoryTM. Local preservation groups across the nation submitted nominations for this year's list; the nomination for Saugatuck Dunes was submitted by the Saugatuck Dunes Coastal Alliance.

To download high resolution images of this year’s 11 Most Endangered Historic Places in advance of May 19th, please contact pr@nthp.org. On or after May 19th, visit http://www.preservationnation.org/about-us/press-center/ to register and download high resolution images and video.

The 2010 list of America's 11 Most Endangered Historic Places (in alphabetical order):

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Lake Michigan Levels, Upper Great Lakes Study & Lake Kalamazoo Dredging

Thu, 04 Mar 2010 12:44:55 -0500

by Joe Milauckas

2009 LAKE MICHIGAN WATER LEVELS IN REVIEW
Lake Michigan water levels rose 19 inches from January to the year's peak in July at
578.9 feet above sea level(IGLD 1985), a level 5 inches below long term average for
July. The lake began the seasonal decline in August and ended up 5 inches below the
December average. The normal seasonal rise of approximately one foot was again
exceeded by more than 50% for the second consecutive year.
This rise in levels started to show it's effect on the shoreline this summer. Fore dunes
covered with dune grass have experienced significant erosion and beaches in general
are considerably narrower, in some locations more than others. Several storm events
have washed further up the protective beach closer to the base of the bluff. We knew
levels were coming back up and they have. This provides the basis for support of the
study recommendations reported in the next article.

INTERNATIONAL UPPER GREAT LAKES STUDY (IUGLS)
This 5 year multimillion dollar bi-national study of man's affect on the upper Great Lakes
water levels relative to St. Clair River outflows and the Lake Superior Regulation Plan is
at the halfway point. Both are of major concern to Lake Michigan shore property owners
in that efforts to restrict flow out of the system through the St. Clair River and increasing
flows out of Lake Superior at the wrong time will result in higher high levels on Lake
Michigan.
Phase I of the study examined the flows through the St.Clair River to determine if that
was the cause of lower levels on Lakes Michigan/Huron over the last few years and
whether structures should be installed in the river to restrict the flow for the purpose to
raise the levels of Lakes Michigan/Huron. This portion of the study was originally
promoted by residents in Canada that live in the Georgian Bay area. After a lengthy and
detailed investigation, the Study Board concluded the flow/level relationship relating to
the St. Clair River is mostly natural and recommended flow restrictions should NOT be
installed. This recommendation now has been referred to the International Joint
Commission (IJC)for a final decision. The DLSA will submit a letter to the IJC in support
of this Study Board recommendation.
Phase II of the study has started and concerns the "Development of Lake Superior
Outflow Management Alternatives". The existing Lake Superior regulation "Plan 1977A"
has resulted in illogical and damaging distributions of water into Lakes Michigan/Huron
in the past. For example, during the high water level period of the mid 1980's flows
through the St. Mary's River were increased substantially even though levels on Lake
Michigan were nearly 2 feet above average and levels on Lake Superior were only
inches above average! Hopefully, this study examination will result in a more equitable
regulation/management plan for those of us on the Lake Michigan shoreline.

LAKE KALAMAZOO DREDGING
A century ago Lake Kalamazoo (LK) was just a wide spot in the Kalamazoo River with a
small island formation in the middle. Then came the US 31(Blue Star) Highway project
in the mid 1930's. In order for the highway to be constructed at an elevation high
enough to allow boat traffic under the new bridge, massive amounts of sediment was
dredged from the "wide spot" of the river and used for fill; a navigable lake was born or
reborn. However, little by little sediment flowing down the river continued to accumulate
in the lake to a point where water depth was inadequate for boat passage in many
areas outside of the natural current driven channel. This natural process of the lake
bottom coming up was magnified by lower than average lake levels over the last few
years.
The impact on boaters, marinas, and a significant segment of the area's tourism draw
caused local governments to commission a study of the harbor and appoint a Harbor
Committee (three members from each governmental unity)to implement the study
recommendations. The study concluded dredging would be necessary and options
included costs up to $40,000,000 to dredge the whole lake. The Harbor Committee
along with consultants searched for sources of funding since a project of this magnitude
could not be supported by only local funding. Although several funding sources were
investigated, at the end of the year no federal or state funds have become available.
The search for funding is complicated by the designation of the Kalamazoo River and
Lake as a "Super Fund" site due to the PCB contaminants that have flowed down the
river from the paper plants and now have settled into the bottom of the lake. The
contaminants make the dredging more expensive and the Super Fund designation
precludes the availability of most if not all federal funding sources. The responsible
parties for causing the pollution/contamination are legally accountable for paying for the
clean up, however that effort has started upstream(Battle Creek/Kalamazoo) at the
source and no one knows when or if they will get this far down river. The search for
funding goes on.

For further info available on these topics

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ABC’s OF MICHIGAN PROPERTY TAX ASSESSMENTS AND APPEALS

Sat, 13 Feb 2010 13:05:24 -0500

Post Title.

Sat, 02 Jan 2010 12:40:39 -0500

Saugatuck Dunes sale completed; Land Conservancy of West Michigan now owns Aubrey McClendon land By Brian McVicar The Grand Rapids Press December 22, 2009, 5:48PM File Photo | The Grand Rapids Press..... Saugatuck dune property just purchased by the Land Conservancy of West Michigan.SAUGATUCK TOWNSHIP -- The Land Conservancy of West Michigan on Tuesday completed a $19 million deal to purchase 171 acres of Lake Michigan dunes property south of the mouth of the Kalamazoo River.

The Grand Rapids-based conservancy purchased the land from Singapore Dunes, LLC, a development firm owned by Aubrey McClendon, CEO of Oklahoma-based Chesapeake Energy Co. and co-owner of the National Basketball Association's Oklahoma City Thunder.

The cost for the Saugatuck Harbor Natural Area is an estimated $22.1 million, with $4.5 million being raised for associated matters, including repaying interim financing and a maintenance endowment.

Negotiations to preserve the premier stretch of coastal dunes has taken years.

!!!!! GOOD NEWS....SOUTH DENISON PROPERTY DEAL SIGNED !!!

Sat, 12 Dec 2009 08:25:57 -0500

Deal signed to buy Saugatuck area dunes property after donors step up to fill $1.1 million gap By Monica Scott The Grand Rapids Press December 11, 2009, 12:43AM SAUGATUCK TOWNSHIP -- A $19 million Land Conservancy of West Michigan agreement to acquire 171 acres of Lake Michigan dunes property for a natural area south of the mouth of Kalamazoo River is a done deal.

The Grand Rapids-based conservancy's board approved the agreement Wednesday to buy property for the Saugatuck Harbor Natural Area from Aubrey McClendon, the CEO of Oklahoma-based Chesapeake Energy Co., officials announced Thursday.

The land is south of the river. The project's cost is an estimated $22.1 million, with $4.5 million still to be raised for associated matters including repaying interim financing and a maintenance endowment.

Helping complete the deal after secured funding -- including a $10.5 million Michigan Natural Resources Trust Fund grant -- was $1.1 million short of the renegotiated purchase price were pledged donations "from a number of key individuals who pledged support to this project this week," said Peter Homeyer, the conservancy's executive director.

The donors stepping up included John A. Woollam and Todd and Liz Warnock.

Todd Warnock is board chairman for the Ox-Bow School of Arts and Artists' Residency, an Art Institute of Chicago-affiliated campus adjacent to the property. He and his wife, Liz, live in Winnetka, Ill.

"The reason we came forward was out of thankfulness to those who had been leading the project to ensure the land stayed preserved," said Warnock, who grew up in East Grand Rapids. "Ox-Bow is a tranquil place and that piece of land is across the lagoon from us.

"If it were developed, the essence would change."

Woollam is a University of Nebraska electrical engineering and physics professor. His expertise in ellipsometry, a sensitive optical technique for determining properties of surfaces and films, translated into the now 22-year-old commercial venture J.A. Woollam Co. Inc., with its products used in telecommunications equipment and space shuttles.

His family owned a Pretty Lake cottage near Kalamazoo and he has been part of the efforts to protect the Saugatuck dunes, which he has often visited and long had an affinity for.

Woollam's Lincoln, Neb.-based foundation, the J.A. Woollam Foundation, joined with The Frey Foundation, Fred and Lena Meijer and James W. Brooks and his Holland family to contribute $6 million for the project.

"Many people have grown up enjoying this area and now it will be available and accessible for years to come," said Helen Taylor, The Nature Conservancy's Michigan state director. "Shorelines like this are why people come to Michigan and are a key part of economic development.

"We have to protect them."

The Nature Conservancy, in cooperation with the Land Conservancy and Saugatuck, in September reached a $20.1 million purchase agreement with McClendon's Singapore Dunes, LLC, to buy the southern portion of 412 acres formerly known as the Denison property.

But when the state grant came up short of the initial $12.6 million requested, the Land Conservancy and McClendon renegotiated the purchase price.

Closing on the property is now expected to be completed by Dec. 31, Homeyer said.

"That commitment (from the latest donors) coupled with McClendon's lower purchase price was crucial in helping bridge the funding gap," he said.

The Land Conservancy will lease the property to Saugatuck, selling it in thirds to the city as the state grant funnels in over a three-year period.

McClendon bought the Denison property from the Saugatuck family for $39.5 million in June 2006.

Singapore Dunes is requesting zoning changes from Saugatuck Township to allow more homes per acre, multifamily homes, lodging, a marina and commercial buildings on 318 acres of undeveloped land now zoned residential.

E-mail Monica Scott: mscott@grpress.com