Complaints about Cobblestone Ridge bring 49 violation tickets

“Say the word and it’ll be done,” said Van Buren Township Police Lt. Charles Bazzy during the July 6 work/study session of the VBT Board of Trustees.
VBT Supervisor Linda Combs told him he had the go-ahead to issue ordinance violations at Cobblestone Ridge housing development at once – and he did.
The next day, Lt. Bazzy, who is managing the ordinance department, reported 49 violations have been written for unsafe structures, property maintenance, blight, and discharge of storm water into the sanitary sewer.
Township attorney Patrick McCauley also has been informed of the violations cited, Supervisor Combs said.
At the work/study session board members had been discussing the many unsecured open basements filled with water and other unsafe conditions at Cobblestone Ridge that have been a problem for at least five years at seven buildings. Three to four townhouses are planned for each building.
Recently, there had also been complaints about grass cutting and the township sent out a crew to cut the grass.
As the board discussed the situation, Cable Director Ally McCracken projected videos of the conditions at the development taken from above with the township drone. Under the direction of Lt. Bazzy, she showed the decks over some of the basements that had holes in them and also were not shrink-wrapped to prevent deterioration, as agreed upon.
Attorney McCauley referred to the 2011 agreement between the developer and the township that prescribed what the developer should do to make the structures safe, including fencing around those that couldn’t be decked. Pumping of water was prescribed, as well.
The drone photos showed a gate chained shut, but the gap at that point was big enough for a person to squeeze through. Cattails are growing in the water in some basements. Cracks are in the foundations. A fence goes around just three sides of an open basement with the fourth side unfenced.
“There are some security issues,” Lt. Bazzy said.
Supervisor Combs said under the 2011 agreement with Brad Byarski, the township can go in and fill basements to secure them, but the cost estimate is $600,000, which she said was more than the value of the land.
Attorney McCauley said, in his opinion, there were three options:
1. Bring Byarski back to the next work/study and tell him the township is taking steps to enforce the agreement;
2. Bring suit to make them fulfill the 2011 agreement, which allows the township to demolish the basements, fill with sand, and disable utilities (although the cost to do this is $73,000 per basement); or
3. Start ticketing for unsafe structures, with each ticket a 90 days/$500 fine for a misdemeanor and put the cost on the tax roll.
McCauley said it’s possible the builder could finish what he’s building and just walk away.
“It’s obvious he’s breeched the contract,” said Trustee Brenda McClanahan. “What are we going to do?”
It was found that the builder has a bond of less than $20,000 and that is just for roadwork.
McCauley said the township has to give him 30 days to appear before them.
“It’s disappointing he is not complying,” said Trustee Phil Hart. “Either he has no respect for the people there or us or he has no money … We can give him 30 days to see if he will comply….”
Patrick Sloan, the planning consultant from McKenna Associates who is running the township’s building and planning department, said the developer is seeking permits for single family homes.
“No more permits and see if that moves him,” McCauley said, adding the township has the legal ability to withhold permits.”
Treasurer Sharry Budd said the township has a Feb. 16, 2015 letter from him seeking permits.
Cobblestone resident Ken Hunter asked the board who the owner of record was and Supervisor Combs said it was Sheldon Acquisitions and, “As far as we know Brad Byarski is Sheldon Acquisitions.”
It she said Trowbridge Companies is also Byarski.
“We should have been monitoring him…” said Clerk Leon Wright.
“It’s gone on this long because many changed in the building department,” said Supervisor Combs. “I switched ordinance over to the police department to make sure it was monitored.”
“It’s extremely unsafe,” said Trustee Reggie Miller, suggesting the township put up some kind of fencing so children wouldn’t fall into the flooded basements and drown.
Attorney McCauley said he’d like to talk to their attorney to see if something can be worked out.
“The main driver of this has been to help him stay in business,” said Trustee Hart, referring to the 2011 agreement. “We should take a stand. I wouldn’t dance with his attorney…”
Planning consultant Sloan said the builder was told by Lt. Bazzy about consequences of not complying with the agreement and he committed to putting a construction fence around those basements by July 8.
“I wouldn’t want another contract with him,” said Trustee McClenahan. “Not this township.”
McCauley said the township could issue ordinance violations and he has ten days to respond.
“Could be he just doesn’t have the money,” Hart said.
McCauley said knowing the builder, he’ll come back with promises and deadlines.
John Delaney asked from the audience if Lt. Bazzy would start writing tickets the next morning and Combs said that was Bazzy’s direction.
“As of tomorrow, he gets nothing,” said Treasurer Budd, referring to the builder’s requests for building permits.
Combs said the board needs to wait for additional information and McCauley said he would give the board an update at its July 20 work/study meeting.