CHARTER TOWNSHIP OF VIENNA  
  PLANNING COMMISSION MINUTES  
  JULY 22, 2002  
 
  Chairperson Curtis opened the meeting at 6:00pm, and led the Pledge of Allegiance
  to the flag.
 
Present: Vernon Curtis, Ben Ranger, Scott Preseau, Gery Giltinan, Lee Garner, Dale
  Frappier, Robert Palmer, and Mary Johnson.
 
Absent: Max Schweitzer.
 
Minutes: Motion by Frappier, seconded by Ranger to approve the minutes of July 8, 02
  as presented. All ayes. Motion carries.
 
Additions/
Changes: Chairperson Curtis added Dan Mills to Petitions. In 1994 a pond permit was
  pulled for his property by a different owner and he would like to use that permit to
  construct a pond without going through the entire process.
 
Communications: 1.Packet from Tony McKerchie from the Michigan Railroads Association concerning
     set backs for development along railroad rights-of-way.
  2. Draft of new Master Plan from Vilican-Leman.
 
Petitions: 1. Public Hearing, Paul Merritt for Elizabeth's Assisted Living.
 
  Mr. Merritt spoke to the Board and audience and explained that he wanted to
  increase the capacity of his adult foster care to 20 from 13. He presented plans for
  the addition.
 
  Audience Comments:
  Vicki Price, 1403 W. Vienna Rd. said the home has been a good neighbor and she
  had no problem with increasing the size, but has concerns that if Mr. Merritt ever
  sold could for instance a drug rehab/recovery place go in.
  Chairperson Curtis said the Board would have to check into this.
 
  Herb Nelson, 1385 W. Vienna Rd. said that we all need an answer to Ms. Price's
  question before any vote.
 
  Audrey Howell, 1385 W. Vienna Rd. asked if more parking spaces would be added
  and what road it would come in off of. Mr. Merritt said yes to more parking and also
  addressed the issue of a dumpster. He said a dumpster would be hidden by fencing
  and that the new parking spaces might come off Water St.
 
  Bob Palmer said he needed approximately 10 more parking spaces, but these issues
  will be dealt with under Site Plan Review.
 
  Board Comments:
  Preseau said he agrees with not wanting drug rehab and that the Board will seek an
  opinion from the State and our Attorney.
 
  Motion by Garner, seconded by Preseau to table this issue until August 12th when
  these questions can be answered.
  Voting yes: Frappier, Preseau, Giltinan, Ranger, Garner, and Curtis
  Voting no: None, motion carries.
 
  2. Special Land Use Permit for a pond. Kenneth & Catherine Wheeler.
  Mr Wheeler said the reason they wanted to construct a pond was to beautify the
  area and help with flooding problems.
 
  Audience Comments:
  Catherine Wheeler said she thought it was a great idea.
 
  Board Comments:
  Curtis asked what will be done with excess dirt, and Mr. Wheeler said it would be
  used for berms.
  Palmer said he did have a serious problem with flooding and this would help a great
  deal.
 
  Motion by Preseau, seconded by Garner to grant the Special Land Use permit.
  Voting yes: Preseau, Garner, Giltinan, Frappier, Curtis.
  Voting no: none
  Abstaining: Ranger, Catherine Wheeler is his sister. Motion carries.
 
  3. Set Public Hearing dates for Centennial Oaks.
  Secretary Garner read the Notice of Public hearing with publish dates of July 24th
  and August 7th, 2002 with a hearing date of August 12, 2002. Centennial Oaks
  is requesting that the entire parcel be rezoned to RU-1 for the purpose of building
  site condominiums.
  Motion by Garner, seconded by Preseau to set the public hearing date of August
  12, 2002. All ayes. Motion carries.
 
  4. Dan Mills, 1075 W. Lake Rd. is requesting he be allowed to use a pond permit
  issued in 1994 to the past owner, who never started construction, and that his
  construction would follow the previously approved plans.
  Board comments:
  Curtis said he would say no because ordinances have changed since 1994 and this
  would set a precedence.
  Frappier said he knows the process is lengthy but setting a precedence would not
  be proper.
  Garner said that a permit is for the person not the property.
  Preseau said that the neighbors who were notified have probably changed.
  Ranger said in 8 years a lot has changed. The consensus of the Board is that Mr.
  Mills could not use the permit issued in 1994.
 
Report of
Committies: Report of Pond Committee was presented by Garner.
  Committee consists of Ranger, Garner, and Palmer. Schweitzer was not present.
  Checked four ponds.
  1. Christenson, Saginaw Rd. They are making progress and the north end should be
  completed by October 31, 2002.
  2. Gardner, Neff Rd. the construction is very different than the plan presented. He is
  actually running an excavation business with no intention of putting in a pond. It is a
  mining operation.
  3. Lammy, Frances Rd. there has not been much progress made, and there is more
  water.
  4. Stark, Dodge Rd. This is a very nice pond and it has been completed.
  It was decided to request that Gardner and Lammy appear before the Board to
  explain what they are doing.
  Preseau would like the committee to check each pond site before they come to the
  Planning Commission. Ranger said the committee or the building inspector could      
  check so the petitioner would not be held up if the committee was not available.  
 
New Business: Some discussion on packets presented to the Board Members and when they
  actually need the entire packet because some members forget to bring the packet
  to the next meeting. Most petitioners that come to the Planning Commission have
  have to come more than once. After some discussion it was decided to continue as
  before with the entire packet presented at first hearing.
 
  The meeting was adjourned at 7:20pm.
 
  Lee Garner,  Secretary
 
  LG:mvj
 
                   **Next meeting August 12, 2002 at 6:00pm
                          Public Hearing Centennial Oaks Rezoning
                          Special Land Use, Elizabeth's Assisted Living
                          Pond Committee: Lammy, Gardner
                          Vilican-Leman Draft of Master Plan