Douglas Lakeshore Road Culvert Rebuilding Status: For those of you that were present or at least in the area during the summer of 2008, you saw the culvert that was destroyed south of the washout (SOWO) by the 100 year storm early in June. It resulted in perhaps the greatest tragedy ever to occur on Lakeshore Drive, with the loss of two lives and major devastation to one of the most pristine sections of our beloved area.

The county responded with prompt emergency repairs that allowed the road to reopen to local traffic with a temporary lane within one week. Federal funding was sought and finally received late in the year, with permanent rebuilding nearly completed by Christmas in 2008. The road is now back in its original location and all of the serious drain engineering is evident--as are the huge limestone boulders that line the creek that was previously totally obscured by trees and undergrowth. Definitely safer, but a loss of its bucolic charm!

In addition to the culvert destruction, several other more minor road and embankment washouts occurred—mostly between the original and new washout, as a result of the same and subsequent 2008 storms. Engineered drains have been designed and installation begun in this portion of the road. Construction activity was halted until spring by the harsh winter that commenced right after Christmas, leaving the area looking like a highway under construction. It is believed these new better designed drains will prevent or minimize further threats to the roadway and banks in the future. We look forward to completion of the drainage, paving and landscaping in the spring.
Emergency Access at Old Washout: Discussions are ongoing for emergency access routes for this secluded area for the near future. A citizens committee has been established to revisit all the previously considered options for alternate road or access for emergencies. An initial meeting has been held to review the situation, and we anticipate that there will be another meeting in April when the Allegan County Road Commission can advise us as to wehere alternative paths may be suitable, potential costs, and if there might be Federal Funds available for any of the solutions.

LAKE MICHIGAN WATER LEVELS BEGIN SEASONAL RISE EARLY AND FAST: As of March 20, levels were 577.76 feet
above sea level, approximately one foot higher than last year this time and just slightly less than one foot below long term average.

Historically, Lake Michigan experiences a seasonal fluctuation of approximately one foot over the year with the high point in July and the low point in February. However, this year levels bottomed out in December, a few inches above the usual one foot drop, and began to rise, and rise fast. From December to mid March the lake rose 5 inches and is predicted to climb another 4 inches over the next month due to melt down of the heavy snowfall in the Great Lakes Basin and major winter rain events. If spring continues to bring above normal rainfall, this year’s early increase on the heels of last years abnormal seasonal increase of one foot nine inches could cause water levels to peak near long term average by summer. The Corps of Engineers web site for lake level information is:
www.lre.usace.army.mil/greatlakes/hh/greatlakeswaterlevels

International Upper Great Lakes Study: The outcome of this International Joint Commission sponsored, U.S./Canadian government funded, 5 year multimillion dollar study will likely impact our Lake Michigan water levels and beaches. One part of the Study will review the existing Lake Superior Regulation Plan and identify improvements. This regulation plan determines when and how much water is released from Lake Superior into Lakes Michigan/Huron. An example of the need for improvement became apparent in February of 1998 when Lake Superior was only 2 inches above its long-term average and Lake Michigan was 16 inches above its long-term average, yet the regulation plan triggered an INCREASE of flows from Superior into Lake Michigan.

The second part of this Study is investigating the St. Clair River to determine if flows through the river have increased over the years and thereby caused Lakes Michigan/Huron to recede. If so determined, the study will identify “remedial” option to restrict the flow out of Lake Michigan/Huron which will raise our Lake Michigan levels from 6 to possibly 14 inches! This portion of the Study was requested by a group of property owners on the Georgian Bay in Canada who claimed the low water levels there created a hardship regarding access to their property by boat. Restricting the flow out of Lake Huron will have significant impact on our beaches particularly when Lake Michigan rises back to the high levels we experienced in the 70’s, mid 80’s, and late 90’s. The St. Clair River study has been ongoing and a draft report is due to be released mid May this year. The web site for the International Upper Great Lakes Study (IUGLA) is www.iugls.org.

Consolidated waste removal Services for Lakeshore Drive: Many DLSA members have suggested consolidation of trash pickup services for the portions of Lakeshore Drive affecting our membership. In the past year, both Saugatuck City and Laketown Township have implemented this idea - with significant benefits now realized. The City of Saugatuck completed a questionnaire of residents to take many viewpoints in to make their change a smooth one. Several advantages include major reduction in the amount of large truck traffic with a plus of simply the ability to enjoy uninterrupted peace and quiet and enjoyment of their properties. A third is the major reduction of the cost paid for these services. In our Lakeshore area, another huge advantage would be the reduction in damage to the fragile Lake Michigan embankments and serious wear and tear on the road.

Discussions with the officials of Saugatuck (city) and Laketown Township have revealed no significant issues in implementing the change, and have noted that the cost to the residents is an approximately 50% rate reduction, presumably from efficiencies and economies of scale of the carrier. In public comment, a few residents expressed concern that the “free enterprise system is circumvented” by the selection of one from an extensive list of waste haulers.

But this does not appear to be the case wherein open competitive bidding is used to select the winning carrier. In fact, since both communities have adopted the single carrier system, the carriers remaining in the uncontrolled Saugatuck Township areas have not taken note of the trend and headed off an extension of it in Douglas or Saugatuck Township - by voluntary rate reduction. Additionally, one or more carriers are still assessing fuel cost recovery charges and other seemingly arbitrary and excessive service fees, despite the total collapse of the petroleum market in the past six months. So an additional potential advantage is been noted - having these practices fairly established in the contracts established with compliance the responsibility of the City or Township. Individual residents have very little clout to accomplish this.

Your DLSA Board has discussed the single waste carrier concept with Saugatuck Township officials who agree with the attractiveness of the arrangement. They commented that implementation will probably be made easier because of the legal precedents established by Laketown. At our request, the proposal has been placed it on the next (April 1st, 2009) Planning Commission Agenda where we will participate in a discussion of the pro/con issues. DLSA members are urged to express their opinions so we can incorporate your views in attempting to consider adoption of this proposal.

DENISON PROPERTY: Aubrey McClendon offered the South Denison property to the City of Saugatuck for $25 million. Deadlines and concessions by Saugatuck Township were also stipulated. The Saugatuck Dunes Coastal Alliance went into action to raise the funds, with the State of Michigan being the biggest potential source. On February 4th, the Michigan Natural Resources Trust Fund Board decided the $25 million price for the South Denison offered by landowner Aubrey McClendon was too high. The Board made it clear that while they DO support granting between $11.6 and $15 million to acquire this property for the public, they object to the terms and timing and, most of all, the inflated price.

One Board member said the price should be renegotiated, then expressed skepticism about the urgency of the sale: “When we talk about ... losing the property...who’s gonna buy it? First of all, who can build a home on those sand dunes or that wetland?”

The Board did pass a resolution which allows local Conservancies to continue negotiating toward a fair purchase. Additionally, the Department of Natural Resources remains fully committed to expanding the Saugatuck Dunes State Park to include the North Denison. While there is no offer from McClendon DNR officials are hopeful. Letters will be needed shortly to show support for expanding the Park. Details will be made available at www.saugatuckdunescoastalalliance.org.

The Coastal Alliance is cautiously optimistic but also concerned that McClendon’s plans for a marina complex on the North will devalue the State’s $15 million investment on the South. In the latest development, attorney Stephen Neumer is suing Saugatuck Township on behalf of Aubrey McClendon to force a change to the tax valuation on McClendon’s township properties – 503 acres in total, 332 (66%) of these acres lie north of the river. Stephen Neumer’s lawsuit is an attempt to place 70% of the taxable value of Aubrey McClendon’s Township properties on the former South Denison (171 acres, or 34% of the total). The South Denison is currently inaccessible making development impractical, if not impossible. The taxable value should be negligible.

Stephen Neumer is also suing the Deam family who owns the Old Saugatuck Lighthouse property just north of Oval Beach to gain access to the South Denison. But Neumer’s lawsuit repeats the 1965 lawsuit which already determined that there is no legal access across that land.

The South Denison will be very difficult to develop because of endangered species, Indian burial grounds, wetlands, flood plains, and critical dunes. Neumer would also have to first get permission to access the property through Oval Beach or Fishtown Trail (currently a narrow eroded path between Baldhead and the Oxbow – again across City-owned property).

The question of tax valuation is vital of course, but note also who would take on the burden of the shifted tax responsibility: The City of Saugatuck. Because the City of Saugatuck is negotiating to buy the South Denison Stephen Neumer is really looking to load the heaviest tax responsibility on to the people of Saugatuck. If successful, Stephen Neumer’s lawsuit would create a severe fourfold economic strain on our local community: 1) Neumer is selling to the City of Saugatuck an island – the South Denison is inaccessible -- at a greatly inflated price. His appraisal assumed access when legally there is no access. 2) Not only has Neumer inflated the price of the South, he now wants the City of Saugatuck to pay an unfair portion of McClendon’s property taxes. 3) Placing 70% of the tax value on the South Denison will cost our community more than $600,000 in tax revenue for just one year; in five years this will accumulate to more than $3,000,000 in lost services. Visit the Saugatuck Township web site for details. 4) Shifting 30% of the tax value to the North provides Aubrey McClendon with a huge tax reduction making it easier for Stephen Neumer to flip the property or to develop.

Stephen Neumer likes to claim the lawsuit stems from the Township rezoning the former Denison which changed the number of houses that could be built there. But the Township changed the zoning before McClendon finalized the purchase of the Denison. The Township changed the zoning to comply with the recommendations in the Tri-Community Comprehensive Plan, a plan years in the making, and after nearly a full year of transparent public meetings – meetings where Stephen Neumer could have voiced his concerns. The Township legally changed the zoning before McClendon finalized the purchase, but because of the way Stephen Neumer structured McClendon’s offer McClendon could not back out of the agreement due to a zoning change.

Since last year the Saugatuck Dunes Coastal Alliance has raised over $80,000 for a legal fund to help fight Stephen Neumer’s lawsuits. The Coastal Alliance continues to help Saugatuck Township with its mounting legal bills. We encourage others to consider making a donation to the Township General Fund to fight against McClendon and Neumer’s lawsuit.

David Swan, the president of the Saugatuck Dunes Coastal Alliance supplied the information in this article. Marcia Perry, Tracey Shafroth, and Alison Swan assisted. Most of the article appeared in the Commercial Record.
WEST SHORE AND SWINGBRIDGE PROPERTIES: Two area developments that the DLSA Board has been watching closely have been recently approved, at least in principle. First, the West Shore Cottages development on the site of the local West Shore golf course was approved by the Douglas City Council in early February after some two years of meetings and public hearings. The vote was 5 to 2 with Council Members Robert Sapita and Daniel Urquhart dissenting. The 92 acres involved had been zoned R-1 and designated as a PUD (Planned Unit Development). The extended negotiations resulted in several changes in the plan and several new variances for the PUD, and the conclusion of the city’s Planning Commissioner, Larry Nix of Williams and Works, was that the development was acceptable from a planning and zoning standpoint. When the three phases of the project are completed, there will be 125 dwellings, including 9 three-unit buildings and 98 single-family homes. The current 18-hole golf course will be reduced to 9 holes and will comprise most of the “open space” required in a PUD.

During this same period of time, a PUD to be located on the Swingbridge property near the Blue Star Highway bridge has been the subject of much debate. It has also been approved by the Council for 16 units.
Rentals and signage on lakeshore drive: The property along Lakeshore Drive from the Douglas City Limits south to M-89 is zoned R3, Lakeshore Residential Zoned District.

After reviewing the Township ordinances which are available on the Township’s web site, a Board Member talked to Al Ellingsen, the Township Zoning Administrator, Basically, this is what he learned from Al:

1. Owners are allowed to rent their homes without limits to time, for instance, a house could be rented for a single day or much longer.

2. The owner cannot stay on the premises during the rental period. This is probably a way to ban B&B’s, small motels and hotels.

3. The rentals cannot pose a problem for neighbors in the way of noise, fireworks, or safety matters.

4. Section 40-323(c) (7) of the Code of Ordinances of Saugatuck Township specifies that seasonal rental signs may be no larger than 24 by 8 inches and may not be posted for more than six consecutive months.

5. Real Estate signs cannot be larger than six square feet, but two of them are allowed.

6. Also, Section 40-634 (h)(7) limits one construction sign per project of no more than 16 square feet in area denoting architects, engineers, or contractors directly associated with the construction activity.


7. If you see a sign which does not conform to these requirements, take a picture, and take/send it to Al Ellingsen. 
He will determine whether it is in conformance and notify the owner if it is not. It is worthwhile perusing the above Ordinance Sections. The rules are many but the above information is a good start.

Property Taxes: In case you have not seen the print copy of the March 2009 (two page) issue of the Saugatuck Township Newsletter or the Spring 2009 (ten page) issue of the City of Douglas Newsletter, they are available online at http://www.saugatucktownship.org/index.htm and http://www.douglasmichigan.com/civic.htm One of the PDFs at the latter site is titled, “IMPORTANT - Understanding Proposal A in a Declining Market.”Donations: At last year’s Summer Social, the Silent and Live Auction raised a surprising $1262.00 for the Saugatck Center for the
Arts! While we usually give money to projects connected closely with the lake front, we felt that the center is a source of pleasure for many of our members.


Also, we donated $115 to the Boy Scouts which will go towards building a picnic table at the entrance to Douglas Beach. Beach PARTY: Fritz Royce would like to extend an invitation to all DLSA members to his annual beach party on Saturday, June 20, 2009, under the big tent on the beach (144 Lakeshore Drive). Cocktails at 6:30 pm, dinner at 7:30 pm, dancing to music by Charlie and Angie Royce and fireworks at 10:30 pm. Parking is available across the street behind the white fence at the Corlett’s, but please walk to the party if possible. All house guets are welcome, please RSVP 269-344-8000 or eagle@feroyce.com.

    IN THE NEWS 2007            
              Swingbridge 2007
Swingbridge is the development on Lake Kalamazoo, between the Kewatin and the Blue Star Highway Bridge. The developer’s site plan did not exclude the Wetlands and land below the 100 year flood plain. Zoning Administrator John Wallace said that the gross buildable land did not need to exclude the wetlands and land below the 100 flood plain. An appeal of that decision was filed by Dawn Schumann, Dayle Harrison and Fritz Royce and thrown out as not an aggrieved party as none of us were within three hundred feet of Swingbridge. Joyce Petter then filed an appeal and the Zoning Board ruled that all the wetlands and land below the 100 year flood plain had to be excluded from the Gross calculation to get the Net buildable land. The developer has not returned with a plan consistent with that ruling. WE have heard that the developer is going to request the Village Council to fill in the wetlands.

                                    
                                                West Shore Cottages
Paul Wicks has filed a site plan that reduces his 18 hole golf course to 9 holes and allows him to build up to 142 units on 10 acres of the 92 he owns. Below I have listed several of the issues involved and the resolution that the Board of The Douglas Lake shore Association passed.  Issues TCE, trichloroethylene, a very toxic substance that started at Chase Mfg., now Haworth, went into the aquifer then has flowed to Miro and Wicks property. The water at Wick’s Creek is 1600 parts per billion. 5 parts per billion is the
drinkable limit. Soil varies from 5 parts per billion to 1,000 parts per billion.

Should the soil be disturbed and should homes be on or near this toxicity? 

What is the likelihood that trichloroethylene (TCE) in the groundwater beneath Wicks property could volatize into the basements of future homes and present a health hazard to the residents of those homes? 

Does the TCE in the groundwater present a health hazard to the neighboring residents?

Does the TCE-contaminated groundwater discharging to are surface waters present a health hazard to person exposed to those waters (e.g., golfers retrieving golf balls, children playing in the water, dogs drinking the water)?

Density. This PUD is in an R-1 that allows only single family dwelling. The Zoning administrator thinks there is a mistake in the definition section that defines single family two ways: detached and attached. Under attached three and four units are allowed but not a duplex. Detached means a dwelling unit exclusively for use by one family which is entirely surrounded by open space or yards on the same lot. Does it make sense that R-1 would allow a multiple family unit in the lowest density zone but Duplexes are not allowed until R -3 and multiple family developments not until R-4?
An independent property law attorney has looked at this issue and opines that it is clear that single family in R-1 means detached only. Density calculations must exclude all wetlands and what is below the 100 year flood plain.
This is the Swingbridge rule. The zoning administrator does not think that the rule applies because the city council did not vote on it.

Traffic. For Phase II there is one exit onto McVea and one onto Golfview. That puts all traffic going by the intersection McVea and Golfview and out onto Campbell.  Phase III has one exit onto Center. Phase III has triplexes and quads on Center. Is that consistent with the other single family dwellings on Center?
The roads do not conform to Allegan County road commission standards. A road in a subdivision if public is limited to 900 feet, 1,000 if private. A private road is limited to 25 units if one ingress and egress.
Green Space: Is the golf course retained by Wicks allowed as open or green space?
Douglas Lake Shore Association sponsored a public meeting to discuss Trichloroethylene TCE: on the West Shore cottages proposed development on Feb 12, 2007 at 7 pm Douglas City Hall, 86 West Center Street, Douglas Michigan 49406. The presenter was Lenny Siegel, Director, Center for Public Environmental Oversight.

Douglas Lake Shore Association Resolution
On January 27, 2007, The Douglas Lake Shore Association Board voted unanimously to oppose the West Shore Cottages Site plan as presented to the Village of Douglas Planning Commission on January 17, 2007.
The Douglas Lake Shore Association Corporation purpose is to cooperate with individuals, groups and with units of in evolving private and public approaches and solutions to the common local problems and needs of the owners of property near Lake Michigan in or near to the community of Douglas, Michigan; to act as official spokesman for the cottage (real estate) owners of such area in expressing their needs, problems and desires; to promote and protect the common interests of such property owners; to use all lawful means to improve and protect common and individual facilities in such area; to acquire, utilize,
deal with and dispose of, by any lawful method, property of every type and nature; to have all powers and to carry on all activities which are necessary, convenient or incidental to the forgoing purposes.

Consistent with this purpose, we oppose the Site Plan for the following reasons:
    1.  The underlying Zoning is R-1, which provides for Single Family “Detached” units - a dwelling unit exclusively for use by one (1) family which is entirely surrounded by open space or yards on the same lot.
R-1 does not mean “attached” with three and four townhouse units.
     2.  Environmental concerns for trichloroethylene (TCE). TCE is a very toxic substance that has been found on the property and documented by the DEQ.
     3.  Roads do not appear to meet the Allegan County Road Standards.  Ingress and Egress do not appear to be adequate.

The next meeting of the Douglas Planning Commission is February 21, 2007 on Wed 7pm. Paul Wicks will be returning with a revised site plan.  Enclosed in this mailing is a letter from Keith Charak about his dream of turning the golf course  property into a natural sanctuary for our community. Please take the time to read it.

                                       -Balmer/Jet Construction Project for Chestnut Lane-
On November 8, 2006, a Public Hearing was held by the Saugatuck Planning Commission regarding a PUD (Planned Unit Development) proposed by John Balmer of Jet Construction and Development of Holland, Michigan. The proposed development is for 14 single-family condominium units with a Private Road, Community Septic, 347119 gal Retention Basin, Community Area (with pool, garden etc.). Mr. Balmer proposes to build this development on an “L” shaped 10 acre parcel located at the end of Chestnut Lane (Chestnut Lane is a dead end street off Colver St , which is within the platted subdivision of Collins Wooded Acres).
Although the majority of property in this area is zoned R-3(Lakeshore Residential), Mr. Balmer’s 10 Acre parcel was rezoned a couple years ago as R-3B (even though it must be accessed through Collins Wooded Acres) which allows for PUD development.
The Collins Wooded Acres neighborhood together with several neighboring parcels along Colver St and Lakeshore Dr. joined together to bring many issues to the Saugatuck Township Planning Commission’s attention. Among these were: the proposed density of the PUD and this type of development not being in character with the surrounding neighborhood. Wetlands, water and runoff issues, including the possibility of damage to neighboring properties, Lakeshore Dr. and the Lake Michigan bluff.
Legally deeded building restrictions and an ingress/egress right-of-way through the property which grants non-exclusive rights to Mr. Balmer. Traffic and emergency issues on a dead end road, setback requirements and other items. The Public Hearing was tabled and Mr. Balmer requested to supply additional information to the Planning Commission. At the January 22, 2007 Planning Commission meeting, Mr. Balmer provided more information and requested approval of his preliminary PUD plan.
The neighborhood group again brought density, drainage and other issues for the Planning Commissions consideration. After being pushed by Mr. Balmer to “give him a number” for the density of the development, the issue was tabled by the Planning Commission and a request made for another independent hydrologic study of the property , in order to help them determine the proper density for this PUD.
The issue of a PUD development being built in this area should be of great concern to all residents (year round or part time) traffic (both construction and resident) will effect us all. Improper runoff from this development to the Lake bluff and the possibility of major damage to Lakeshore Dr. will have a significant impact on all who live between M-89 and the Washout . As of Feb 7, 2007 Mr. Balmer has not rescheduled for the next regular Planning Commission meeting (Monday, Feb 26, 2007 @7pm
Saugatuck Township Hall). - Deb Matthai 6936 Hickory Lane.


                                           -Beach & Pier Safety-
Last July, a swimmer was downed off the north pier in South Haven. The only information that stood between the young swimmer and the rough, rip tied waters was a sign saying: Swim at your own risk.
In the fall of 2006, Mayor Appleyard of South Haven initiated a series of meetings with several other beach front communities to plan and implement a program of public education for beach and pier safety. The goal was to study and apply consistent standards for water safety, and to encourage legislation that protects communities from liability when implementing safety measures at their beaches. Since last September, there have been several meetings of beach community officials to formulate strategies for universal beach-safety. The hope is to have policies in place by the coming Memorial Day. We plan to follow their progress and report their recommendations and insure that they are brought to the attention of the local municipalities.
We will follow their progress and report to our membership later this year.


                   Interaction with the Lake Michigan Shore Association
During this past fall, your DLSA Board initiated interaction with board members from the Lake Michigan Shore Association, our southern neighbors. After several informal discussions, it was agreed that a joint meeting of board members might be useful. The initial joint meeting was a Dutch treat dinner at the Butler on Oct 16th. Joe Milauckas, Al Lyon, Fritz Royce and Sheldon Wettack represented the DLSA and Frank Alfieri, Ed Fenci, Jerry Kollig, and Rick Vorel attended from the LMSA.
 A number of issues and concerns within each Association were discussed, including the situation on 121st Avenue, the two proposed truck stops and other development in the area, Association events, and continuing interaction between the two Associations.
It was agreed that a follow-up meeting would be held in the early spring and that we would exchange the email addresses of the members of the two Boards. Subsequently, at its November meeting, the DLSA Board agreed to invite the LMSA Board to our summer social at the Saugatuck Yacht Club on July 14, 2007.
Also, plans are being pursued for a summer educational event between the two associations that would take place on the William Smith property that was given to the Land Conservancy. This property is located near Ganges and includes about 1000 feet of Lake Michigan shoreline.
Board members attending the October dinner felt that the time was well spent and we hope that productive interaction with the
LMSA will continue.

Home           My DLSA         Membership         Events      New-Comments     Links
Back to Top


Douglas Lake Shore Association, Inc.
PO Box 618, Douglas, Michigan 49406
DouglasLakeShore@gmail.com

11/20/09/jay hernly
to suggest content for this site, contact webmaster
Jayhernly@comcast.net