CHARTER TOWNSHIP OF VIENNA  
  PLANNING COMMISSION MINUTES  
  23-Sep-02  
 
Chairperson Curtis opened the meeting at 6:00pm and led the Pledge of Allegiance.  
Present: Vernon Curtis, Scott Preseau, Lee Garner, Ben Ranger, Max Schweitzer,  Gery  
Giltinan, Robert Palmer, and Mary Johnson.  
 
Absent: Dale Frappier  
 
Minutes: Motion by Ranger,  seconded by Preseau to approve the minutes of  9/09/02  
with one correction.  All ayes, motion carries.  
 
Motion by Preseau, seconded by Garner to approve the minutes of the special  
meeting on September 19, 2002. All ayes, motion carries.  
 
Additions/Chgs: Reminder of the special meeting, Thursday, Sept 26th at 5:30pm.  
   
Communications Letter from Genesee County Drain Commission will be read under #6 Petitions,  
Item 2.  
 
Petitions:  
Item #1 Public Hearing for Little Caesar's Pizza Rezoning.  
   
Little Caesar's Manager, Lyle Sheroski was present and explained to the Board  
his plan. They would like to stay in the area and this property is directly across the  
street from their present location.  
 
Bob Palmer said that there is not much frontage at the site so they will need a  
variance, but he supports the rezoning and thinks this is the best use of the land.  
 
Comments from the audience:  
 
Donna Wescoat, 2176 W. Vienna does not support the rezoning. Traffic now makes  
it hard to get out of the drive.  
 
Ms. Hyde, 11325 Lewis Rd. a realtor for the next property supports the rezoning and  
believes it all should be commercial.  
 
Linda Hunter, 9694 N Lake Rd Otter Lake, said there are numerous commercial lots  
in the area, that it's not all residential.  
 
Comments from the Board:  
 
Garner questioned if the house in back is landlocked, and was told it had a driveway.  
 
 
Preseau thinks maybe the rezoning process is incorrect. Petitioner  first needs  
rezoning from Board, and variances from ZBA.  
 
Motion by Preseau, seconded by Schweitzer to recommend the rezoning request  
from Little Caesar's to the Township Board.  
Voting yes: None  
Voting no: Ranger, Preseau, Curtis, Schweitzer, Garner, Giltinan. Motion fails.  
 
Item #2 Final Site Plan for Lake Charles Estates.  
 
Charles Emmendorfer said he started the project two years ago, had some problems  
which are now settled and he is ready to finish the project.  
 
Chairperson Curtis read a letter from the Genesee County Drain Commission which  
says they cannot approve the plans unless Vienna Township agrees to take over  
the operation and maintenance of the sanitary sewer. Curtis also said that the last  
meeting on this project was March 1997, and according to the ordinance an  
extension may be granted for one year. He suggested that Mr. Emmendorfer begin  
the process again. He also told Mr. Emmendorfer that he had requested Rowe  
Engineering to go over the plans. Rowe said they might have a conflict of interest  
and if they do they will let us know and recommend another firm.  
John Tucker, 4284 W Lake Dr, Linden, attorney for the petitioner noted that Rowe  
designed the plans the first time, but he understands what the Board wants.  
Curtis said he would like soil borings because if the houses sink the Township  
will be liable.  
Anne Nickola, 11128 Elms Rd. said she watched the site being backfilled and they  
used trees and stumps. She stated that the bank had filed bankruptcy papers on the  
project, and asked Mr. Emmendorfer about the road he was supposed to put in  
according to the specs.  
Rose Rosenberger, 6332 Wilson Rd said that they have water problems now and  
what will the project do to them. She also said that because of the berm the natural  
flow of water has been changed and it puts more water on their property. She has  
two sumps pumps, one on each side of her house and she is worried about her well.  
Anne Nickola, 11128 Elms Rd said that the proposed lots start in the water and the  
water fluctuates 10' in and out so how will people know where their lines are?  
Chairperson opened comments to the Board.  
Bob Palmer said this was really a time issue. Does the Board accept the approvals  
from 1997, are they valid today, or do they need new ones.  
Giltinan said he was not comfortable with the plan and questioned the fill.  
Schweitzer said plan was from 1997 and it needs to be revised.  
Preseau said the project needs to go to an engineering firm for knowledgeable  
approval first.  
Attorney Tucker said he understands the Board's position and now the project is  
looking to spring of 2003.  
Chairperson Curtis said the Board will table this issue for now and that Mr.  
Emmendorfer needs to begin at the beginning of the process which is prepreliminary  
site plan review. He will need all new approvals from the required services.  
Other Business Ranger asked about the Gardner pond, and if there was any new information.  
Chairperson Curtis said he had spoken with Jodi Stiles, Genesee County Drain  
Commissioner's office, and she said in a move the paperwork had been misplaced,  
but she would send someone out to check on the ponds. She also said that Mr.  
Gardner did not need a monitoring well because of his type of operation. He further  
said that in Vienna Township's Lake & Pond ordinance it states that pond owners  
have to come to the Board every year to renew the permit, and that ponds are not  
grandfathered because they were started before the ordinance was written.  
Giltinan said he had noticed that at the new Wendy's site the curb toward the K-Mart
parking lot had not been cut.  
Preseau said he thinks all plans need to be review by an engineering firm. The Board  
does not have the expertise on some large projects to know if everything is being  
done properly, but all petitioners should have this requirement.  
With no other business to come before the Board the meeting was adjourned at  
7:10pm.  
 
Lee Garner, Secretary  
LG/mvj  
 
                           *** Next Meeting  October 15, 2002 at 6:00pm  
                                 Pond permit - Heit's at 1012 W. Vienna Rd.  
                                 Pre-preliminary Site Plan review-Centennial Oaks Site Condos