VBT planners postpone action on BYC docks, want better site plan

At the end of a three-and-a-half-hour meeting on Wednesday, Jan. 11, the Van Buren Township Planning Commission unanimously postponed action on the Belleville Yacht Club’s proposal to be designated as a marina and to have its preliminary and final site plans approved.
The township board room had many members of the BYC present for the meeting to show support to BYC resident agent Scott Jones, who was the only one speaking for the BYC although there was a public hearing.
The previous night, at another three-hour meeting, another group of BYC members was present to support Jones’ request for an extension of its docks to 120 feet out into Belleville Lake. That proposal also was postponed. Jones again was the only person speaking for the BYC although there was a public hearing.
Planning commission chairman Bryon Kelley announced that he was a member of the BYC. He said he would preside over hearing comments from the public and then he would decide whether he should ask the commission to recuse him from discussion. Commissioner Medina Atchinson was absent from the meeting.
The BYC request to construct a marina of two docks with four arms brought the following comments during the planning commission’s public hearing:
• Angela Mears of Ryznar Drive said she does appreciate everything the BYC does for the community and the schools, but the proximity to the DNR boat launch makes a crowded area with people coming to use the lake and her concern is about safety if the allowed dock length is increased from 40 to 120 feet;
• Corey Gibson of East Huron River Drive said that the BYC had constructed a tiki bar without permits. He showed a graphic of how there would be just 520 feet of travel space on the lake at that point if the BYC constructed 120 feet out into the lake, with 100 feet required in addition for no-wake and 100 feet of no wake from the north shore. He said if boats are towing tubes or skiers, who swing from side to side, it would not be a safe area. He said there are no-wake buoys at the DNR launch site next door to the BYC. He requested the township to get input from Wayne County Sheriff Marine officers and come back with their recommendation. Gibson said the BYC was replacing docks without a permit and now has gone out to 80 feet, so they are not just doubling the footage to 120 feet, but tripling the 40 feet allowed by ordinance. He said the 524 feet left is basically two boats passing and EGLE will probably suggest buoys to mark the 520 feet. Gibson said anyone on the planning commission who is on the BYC should recuse themselves from making decisions on the BYC;
• Michele Montour of East Huron River Drive said she thinks the dock extension is unsafe and after what Gibson said about the zone in the middle, it is scary. She said a lot of boaters and jet skiers don’t watch the no-wake zone. She said she wants her concerns about the safety noted;
• Penny Young of East Huron River Drive pointed out that a new kayak landing place has been put in at French Landing Park and there is one in town. She said kayaking is a great sport and they would be unsafe. She asked why the township submitted a revised site plan to the state when the BYC has yet to submit one. “Why do we do this for the state?” Young asked, saying the township is spending man hours paid by the taxpayers for a private site plan going to the state;
• Harry Van Gelder of Edison Lake said he stays off the lake on weekends because more and more docks are going in around the lake. He said next to the DNR launch site on weekends there are 12-13 boats waiting to go out. He said the BYC plan pinches in the whole center of the lake. He said the speed limit on the lake is 40 mph. He wanted to know how many boats would be on the new BYC docks. He said people would kill for one of his docks and Sandy’s Marina has a waiting list. He wanted to know if the BYC would charge people to dock. He asked what kind of precedence this is setting and if they can do it, why can’t he do it. He said he could make a lot of money. He said he’s not sure all the ordinances are being enforced. Van Gelder said he appreciates the fireworks from the BYC, but that doesn’t give them the right to pinch the lake;
• Jenny Brown of Alden Road took part via zoom. She said anyone on the commission who is on the BYC should recuse himself. She said she loves living on the water, but there are already huge safety issues. Tuesday nights with the fishing is crazy in that area, she said. “I don’t see that the BYC serves the whole community … it’s for members only,” she said. “A private club. A small number of people who have resources are taking a public resource to use.” She said if they are looking for docking space, they should absolutely buy more land and abide by the ordinance.
Dan Power, director of planning and economic development, said he would send the general written comments from the Tuesday meeting for them to review.
The planning commission then took the following actions before returning to the BYC items:
• After a public hearing, approved recommending to the township board rezoning of a 16.18-acre site on the south side of Van Born Road, west of Haggerty, from R-1B (single family residential) to M-1 (light industrial) for Crosswinds Distribution Center North. Vidya Krishnan, principal planner from McKenna, said the intent is not to build on this parcel because of the wetlands on it but to use the land as required setback. Dennis Schultz of Ashley Capital said the whole property is intended to be put into a conservation easement; and
• After a public hearing, voted unanimously to postpone any action for more information on the special land use and preliminary and final site plans for Nicole’s Little Friends group day-care home at 45921 Chatsworth. Nicole and Robert Burke were present to discuss their plans. They care for six children now in their home and with the new designation they could go to 14. Director Power said he would work with them on what is required.
The commission then returned for action on the BYC request for Marina Special Approval and Preliminary and Final Site Plan Approval.
At this point, chairman Kelley said he is a BYC member and is requesting the commission to grant him recusal from the discussion and vote on this item.
“I have a boat, live on the lake, and would probably use the dock,” Kelley said. The commission voted to recuse him and he left the meeting room. Vice chairman Jeff Jahr took over the meeting.
Power said his site plan and special approval review had been updated the day before this meeting. He said the designation of “marina” is required by the state. He said previous floating dock structures supported up to 24 boats, but there was a code enforcement ticket, which was dismissed and the BYC is working with the township on this issue. The BYC wishes docks longer than 40 feet. He said the Board of Zoning Appeals special exception was pursued instead. The 2”x6” docking material is proposed. The lake is 14 feet deep at 120 feet from shore. The docks are currently on 0 and 5-foot setbacks and are 162 feet from the DNR boat launch to the west side of the docks. The BYC docks are 1.4 miles from Sandy’s Marina.
He recommended conditional approval of the BYC site plan.
Jones said the docks are actually a parking lot for boats. This allows the members to come and go by boats, members and guests of members. He said the BYC is in a group of boat clubs and others in that group can use it. People can park boats for two or three days if they do not live on the lake and live in the township or in other communities.
Jones named some of the services BYC provides to the community including the Polar Plunge in February to earn funds for Special Olympics, Youth Boater Permit classes, bringing American Powerboat racing to the lake this summer (to be called “Thrill in the ‘Ville”), July 4 fireworks when 700 to 800 people are at the site, diving training, Poker Run in late July, upcoming swim classes in the pool, and sailing classes for youth.
He said they fall under the Michigan Department of Environmental, Great Lakes and Energy (EGLE) marina permit which includes a marina and mooring and costs $4,000. There will be 22 boats and, “We had 24.” Each boat site will be 23 feet long and eight feet wide, the standard size of a boat, he said. There will be 60 feet in between the main docks for navigation. The sea wall is existing and not a part of this issue. He said they acquired the lot from the Moose Lodge in 2009.
Jones said they need to clear the docks for the fireworks because that’s the place they use for launching.
He said EGLE did not like the T-docks first proposed because they had to be approached from the neighbor’s property line.
Commissioner Bernie Grant asked if they could get an impact study for boat traffic, like the commission gets for vehicular traffic on land. Commissioner Grant said this could be used to alleviate the safety concerns.
Jones said King Engineering represents BYC and he could ask them. He said they already have agreed to light the docks for safety, so boaters can see where they are.
Grant said the BYC seeks to triple the length.
Jones said they had 86 feet out, but then were in noncompliance, so they tore that out.
“Now you’re at 40 feet?” asked Commissioner Callie Barr.
“No,” Jones replied, adding they removed some.
“Are you non-conforming now?” Grant asked and Jones said, “Yes.”
“Is that non-conforming part existing?” Barr asked.
“A portion is still there on the east end,” Jones said. “Two T’s of floating docks and pilings driven… We couldn’t keep our floating docks together because of the heavy waves from the DNR launch.”
Jones said the BYC is a 501c7 non-profit social club and can go to other like facilities. When others want to visit they ask them to call first to make sure the BYC can handle them. He said it’s a reciprocation through the “American Yacht Club of America.”
Commissioner Brian Cullin asked what’s to stop Hayward’s, Johnny’s, or the city of Belleville with Doane’s Landing from asking for extensions.
Power said, “Each case stands on its own merits and each would have to make justifications.”
Commissioner Cullin said years ago Doane’s Landing had two docks out 60 or 70 feet and rented the slips.
Power said the BZA would decide if an exception is met.
“He has to show it doesn’t impact safety,” said Grant of the BYC. “If a study is done, it answers a lot of questions people have. I’d rather have an expert come in.”
Power asked if Grant was concerned about the layout and number of boats.
Grant said the configuration, length into the lake, wake zones, how narrow does that middle area get, two-way traffic. He said if he didn’t get information from an expert he would have to make a decision on his own opinion.
Vice chairman Jahr asked if there is an organization to do the study.
Jones said the distance across the lake is 898 feet. He said he is not aware of someone to do a study and Grant suggested he get his marina engineer to provide a study.
Jones said 672 feet is a safe distance and safety is a big concern. He said his intention is to show the distance to the BZA.
Township Treasurer Sharry Budd, who serves as the board liaison to the commission, said proposals used to come to the planning commission first and ask for action. Now the BZA had the issue first because they are not seeking a variance and the BZA has given the planning commission no idea of what it was thinking. She suggested tabling this issue until the commission gets direction from the BZA.
“They could meet next month and then we could meet,” Budd said.
Commissioner Cullin said he was at the BZA meeting the night before and the concern was on safety. He said the 120 feet bothers him with the docks sticking out into the lake. “You could reduce that length and still provide you with what you want,” Cullin said.
“Miss Brown said it doesn’t serve the entire community,” said Barr, referring to a public comment. Barr asked if the club is for men only.
Jones said no. The club was founded in 2009 and acquired the Moose in 2012. “Our bylaws have never excluded women,” he said.
Barr asked if a woman could join the BYC and he said she could if she met the criteria for membership. Jones said the BYC bylaws never said women weren’t allowed, but they have to meet criteria.
“Not based on sex?” Barr asked and Jones said no.
Jahr said since he was now sitting as chairman he doesn’t feel he should have comments, but he does.
He said he was in the BZA meeting and there were significant concerns about the safety and a significant amount of public comment. He said the planning commission hasn’t had the opportunity to review what the BZA did. It postponed action so the applicant could present to you. The BZA felt the site plan was lacking in some details, he said.
“Special exception was not given to 120 feet,” Budd said. “If they are not going to approve that, we can’t approve 120 feet – if they haven’t. Since they didn’t approve it, we don’t know what it’s going to be … We will come in behind it.”
Jahr asked if the docks should take up 81.8% of the frontage, as proposed.
“It’s their frontage,” Cullin said.
“Land-based parking lots have lines,” said Jahr, and then referred to the broadside parking on the site plan. He said the site plan should have pictures of where the boats would be. The water depth is called out on the site plan, but the depth of the seawall and percentage of frontage being used should be stated.
He said the safety devices should be shown. He said life rings and ladders at the end of the dock should be shown and they should address the visibility at the lake. Also, the commission usually gets material samples and the samples could come with the next site plan revision.
Grant agreed there should be a planning graphic showing the boats and the traffic patterns and, “How far it really is to the other shore.”
Jahr said there were four numbers so far and they need an accurate number. He said there were questions from the public on why the site plan is going to the State of Michigan before here? Also, he asked about the costs of this.
Power said the township owns that property and EGLE is involved. He said typically the township does the plan first and, “I cc’d Jeremy Richards of EGLE as a matter of courtesy to show where we were,” Power said.
The public was invited to speak again and Angela Mears said they are proposing 22 boats to replace 24 when they say they now have more members. Also, the DNR boat launch was there first and they knew what it was before they bought the property.
Penny Young read from an emailed letter to her from EGLE. She said the BYC submitted an application to EGLE after the township caught BYC putting in docks without a permit. EGLE said the structures were not consistent with the requirements for marinas in Part 301 of the Inland Lakes and Streams of the NREPA. The permit was not granted, but an EGLE permit is still needed and would include a 20-day public comment period.
She said EGLE said for VBT to send the revised plan before the applicant sent one was “highly unusual.” She revised her remark later. She said to be absolutely accurate, she should have said EGLE said it was “unusual.”
She called what was happening “political favoritism”.
Harry Van Gelder said he would like input from law enforcement on this issue.
Doug Wachtmann of Hoyt Drive on Edison Lake extension said the DNR launch site is very busy. He said he had witnessed 20 boats waiting to get off the lake. He said for them to maintain a significantly narrow channel through the lake, a no-wake buoy west of the BYC should be placed. He said that area is dangerous now, without any extension into the lake. He said once they drive a piling 120 feet out, any decision after that will show a permanent structure there.
He said the question of whether or not it is setting a precedent is not as important as safety. He said Johnny’s and the U of M rowing facility exist in coves. “This is the opposite. It’s an extension into the lake. It impedes the actual channel and traffic pattern of the lake,” he said.
He said he would like to see the planning commission handle it first and get the variances later, noting they somewhat got the cart before the horse. He said BYC proceeded originally without a permit and that influences how it was presented to the commission.
Jeff Riggs, who when he commented the previous day said he was in Key Largo, asked Power in a remote message to forward his earlier comments to commissioners. Then, he said the 522 feet he figures is left in the center of the lake for travel is not acceptable. He said a lake traffic study is needed, but in the middle of winter it is inappropriate.
Power reported someone who was anonymous sent a remote message that the BYC is asking for a variance of a variance. They started construction “until they got caught,” he said.
At that point the commission voted unanimously to postpone marina special approval.
Jahr said a more detailed site plan is needed and they should postpone that issue pending a better site plan. He said the BZA wants a better site plan from the commission, who needs a preliminary site plan review.
Power asked if the commission wanted a preliminary site plan to go to the planning commission, BZA, and then planning commission.
Jahr said he has not been able to review the BZA meeting minutes because they are not yet available. He said it should go to a variance until the site plan has been discussed.
The commission voted unanimously to postpone review of the site plan which would be before it goes to the BZA.
The commission then took a five-minute break while the BYC left the room and Kelley returned to the table. Then, Power gave his annual report on planning commission activities and commissioners voted to recommend it to the township board as written.
The next meeting will be at 5:30 p.m., Jan. 25.