DLSA SITE ARCHIVES
WEST SHORE COTTAGES UPDATE: 2008
West Shore Cottages UPDATE: FEBRUARY 2008
West Shore Cottages is a development proposed by Paul Wicks to build 135 units on his 92-acre West Shore Golf Course. The PUD has to abide by the underlying
R-1 zoning restrictions that limit construction to single family units. Paul has proposed single family units and three-unit buildings. He has not agreed to any clean-up of the TCE's on the property, the roads are not in conformity with the Allegan County Road Commission, and the setbacks are not in conformity with the underlying zoning. The MDEQ had a hearing and the US Corps are considering whether to have a hearing on the TCE and the wetland proposed compensating cuts. Original Letter from 2007 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 in 10 acres. This includes several three and four unit buildings.
Issues
1. TCE, trichloroethylene, a very toxic substance that started at Chase mfg, now Hayworth, 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?
a. 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?
b. Does the TCE in the groundwater present a health hazard to the neighboring residents?
c. 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)?
2. 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.
3. Density calculations must exclude all wetlands and what is below the 100 year flood plain. This is the Swingbridge rule.
4. Traffic.
a. 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.
b. Phase III has one exit onto Center.
c. Phase III has triplexes and quads on Center. Is that consistent with the other single family dwellings on Center?
5. Green Space: Is the golf course retained by Wicks allowed as open or green space?
Public Meeting on Trichloroethylene TCE:
The public is invited to an information meeting to discuss the dangers of TCE on the West Shore Golf Course on Feb 12, 2007 at 7 pm
Douglas City Hall, 86 West Center Street, Douglas Michigan 49406
For more information contact Frederick Eagle Royce III
(269) 344 8000 Eagle@feroyce.com
Presenter Lenny Siegel
Director, Center for Public Environmental Oversight
C/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org
About Larry Siegel:
Lenny Siegel has been Executive Director of the Center for Public Environmental Oversight since 1994. He is one of the environmental movement’s leading experts on the vapor intrusion pathway, and for his organization he runs three Internet newsgroups: the Military Environmental Forum, the Brownfields Internet Forum, and the Installation Reuse Forum.
He is a member of several advisory committees, including the Interstate Technology & Regulatory Council's work teams on Vapor Intrusion and Perchlorate, the National Research Council Committee on Army Non-Stockpile Chemical Materiel Demilitarization, the Moffett Field (former Moffett Naval Air Station) Restoration Advisory Board, and the Western Region Hazardous Substance Research Center Outreach Advisory Committee.
Position of the Douglas Lakeshore Association 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 15, 2007.
The Douglas Lake Shore Association Corporation purpose is:
To cooperate with individuals, groups and with units of government 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:
a. 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.
b. 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.
4. Ingress and Egress do not appear to be adequate.
For more information contact Frederick Eagle Royce III
(269) 344 8000
Eagle@feroyce.com
SWING BRIDGE PROJECT 2008
Swingbridge, the 4 acres on the North side of Blue Star and the Bridge, has submitted numerous site plans, first with 29 units and the last with 17 units. All have been rejected due to violations of the zoning density. Recently the developer tried to add dirt and move it around, but was met by a "stop work order" from the City Manager and acting Zoning Administrator, Dave Kowal. Again, thanks to DLSA Board member Joe Milauckas and his son, Andrew, who spent over an hour with Dave Kowal going over the reasons that Swingbridge did not have the necessary site plan approval, even though it does have a DEQ permit to make a compensating cut (add and move earth below the 100 year flood plane). When the next Site plan is submitted, I will forward it to you. Please make sure we have an E-mail address for you.
On 2-8-08 it was discovered that Public Notice was issued by the DEQ saying that Swingbridge applied to the DEQ for a permit to install 900 feet sheet piling seawall and backfill in the Kalamazoo River of 25,764.4 cubic yards of fill behind the seawall and in the wetland, 100 year floodplain and beneath the ordinary high water mark of the river. This permit is for the purpose of expanding the buildable area. The Permit application was signed by R, J. Peterson not Tom Scott the owner of Swingbridge.
The DLSA board voted to write a letter to the DEQ and to the Village of Douglas opposing the application but not opposing the dredging of Lake Kalamazoo. We also request a hearing.
For more information contact Frederick Eagle Royce III
(269) 344 8000
Eagle@feroyce.com
SINGAPORE FISHTOWN
(FORMERLY THE DENISON AND NOW THE MCCLENDON PROPERTY) FEBRUARY 2008
The Singapore Fish Town property, formerly known as the Denison property, was purchased by Aubrey McClendon for 39 million dollars. Throughout the last year, McClendon's attorneys have negotiated with Saugatuck Township Board Supervisor, Bill Westra, and the Township Attorney, Ronald Bultje, to negotiate a Consent Agreement nullifying the R-4 zoning and declaring the zoning improperly passed (intentionally and willfully without notice to Kenny Denison), turning back the zoning on all the property, and agreeing to allow McClendon to pay the tax bill for the 2007 assessment. This was miraculously discovered by DLSA board member and Saugatuck Township Planning Commission member, Joe Milauckas, on Dec 5, 2007 at 3:00 p.m. Joe called three people and by 7:00 p.m. at the STB meeting, there were 25 outraged people from the SDCA, in attendance. Fortunately, Chris Roerig and Damien Jarzembowski were able to prevail on the Saugatuck Township Board to table the vote on the Consent Agreement until the public could weigh-in and the Board could see the latest revision of the Agreement.
Two public hearings followed, one on Dec 19, 2007 and a second on Jan 2, 2008; over 300 people showed up at each public meeting. Several lawyers gave opinions on the Consent Agreement, including DLSA Board members, Steve McKown, Fritz Royce, Joe Milauckas, and Scott Howard from Olson, Bzdok & Howard, and P.C. in Traverse City (the attorney hired by SDCA). McClendon decided to take the Consent Agreement off the table, delay the tax appeal for a year, and submit a PUD in the spring.
The PUD isn't the only thing we are waiting for. The Saugatuck Township Board and Saugatuck Planning Commissioners met on January 28, 2008 to discuss how to work together. We are looking at circulating several petitions to support the Tri Community Comprehensive plan, keeping existing zoning regulations in place, supporting the R-4 zoning, protecting the critical dunes, and fighting the tax appeal and others. I will send the petitions to you.
If you want to contact any of the STB members, here is contact information:
Bill Wester - Supervisor bwester@saugatucktownship.org
Jane Wright - Clerk jwright@saugatucktownship.org
Pat Knikelbine - Treasurer pat@saugatucktownship.org
Chris Roerig - Trustee chris.roerig@cqsinnovation.com
Damien Jarzembowski - Trustee jbi@sirus.com
The Saugatuck Township Board is afraid of huge legal expenses. The Saugatuck Dunes Coastal Alliance put out the call for contributions for a legal defense fund. I want to thank all of our members who so generously contributed. However, we are still in need of money. If you have not already contributed, please consider contributing by making your checks out to the "SDCA Legal Defense Fund". Fritz Royce, 144 Lakeshore Drive, Douglas, MI 49406
We all need to all turn out when the PUD is scheduled for a hearing. I will send you the PUD upon receipt.
For more information contact Frederick Eagle Royce III
(269) 344 8000
Eagle@feroyce.com
JEAN KLOCK PARK MAY 2008
Dear Friends,
The 30 day comment and review period for the conversion and mitigation proposal for Jean Klock Park has been extended until May 17, 2008!
Many letters were submitted to the city and the Department of Natural Resources requesting at least an additional 60 days. We don’t feel that a 14 day extension was enough due to the highly technical nature of the documents but we will have to consider it better than nothing.
Members of our group are still scouring the documents that are available for public review and continue to discover new red flags a month after reading the conversion proposal. We are asking those who have not yet commented to take advantage of the extension and send in your comments! Please refer back to the conversion proposal at:
http://savejeanklockpark.org/ConversionProposal.html
Also, on that page is a link to a very important video of comments that were delivered at the April 17th public hearing by Hugh McDiarmid from the Michigan Environmental Council. Mr. McDiarmid also wrote an op-ed for the Michigan messenger which also can be found at the link above.
A NEW AND VERY IMPORTANT DISCOVERY HAS BEEN MADE!
In 1998 the City of Benton Harbor illegally sold a portion of Jean Klock Park for four private residential properties at the north end of the park that is now called Marram Shores.
LuAnne Kozma, Michigan Director for the park advocacy organization Defense of Place, made the discovery while reviewing several conflicting maps of the park’s boundaries which led to the discovery of this illegal sale.
This land was included in the park’s boundaries when the city applied for and received grants for park improvements which required that the property remain parkland.
Present and former residents of the city sent a letter to the National Park Service and Department of Natural Resources demanding that land be mitigated for this illegal conversion BEFORE any further discussion on the Harbor Shores conversion proposal.
The link to the Defense of Place press release in regards to this issue can be found on the headlines scetion on the home page at:
www.savejeanklockpark.org
WASHINGTON POST COVERAGE!
You should also visit the ‘News and Notes’ page to review the numerous news articles, including the May 4, 2008 article that was published by the Washington Post, that have recently been published.
The news of this issue has been out there nationwide for quite some time. Finally, national news publications are covering it! We hope that you will add your comment in the areas provided of the various publications that are reporting on the taking of Jean Klock Park’s public land for a privately owned commercial enterprise.
Your voices are invaluable in this critical process and we urge you to join us by taking action and speaking out in support of the preservation of Jean Klock Park and it’s globally rare natural resources!
We thank you for your continuing support and ask that you forward this to others who are concerned about the proposal to use Jean Klock Park’s globally rare natural resources for a golf course development.
Friends of Jean Klock Park
www.savejeanklockpark.org
269-925-4880