In today's installment, I will continue to examine the Hayes Township Zoning Ordinance, and compare it with the minutes of the Hayes Township Planning Commission Special Meeting, dated May 17, 2010, which lay out in detail the decision taken by the Planning commission, and restrictions to be applied to the Special Use assigned to the Gamble-Longenecker property on Mostetler Road. I will take this section by section as I did in the series on the Hayes Township and Clare County Master Plans.
Unless otherwise specified, page numbers refer to the Hayes Township Zoning Ordinance as found on the Hayes Township Website.
The Hayes Township Zoning Ordinance carries the weight of the law.
This series is not a complete dissection of the Hayes Township Zoning Ordinance. This series will look at only those points of the Hayes Township Zoning Ordinance that pertain specifically to the Resolution to grant the Special Use With Restrictions to the Gamble-Longenecker property on Mostetler Road . I will examine the rest of the Hayes Township Zoning Ordinance at a later time.
In this and the next several posts, I will examine application procedures.
According to Section 1601 of the Hayes Township Zoning Ordinance Page 73, the proper procedure for the process and consideration of applications is as follows:
A) Mr. Longenecker submits a properly prepared and appropriate application packet on the correct forms as prescribed in Section 1602 of the Hayes Township Ordinance, Pages 73-74, to the Zoning Administrator (at the time it was Jim VanWormer).
Mr. Longenecker’s original application was not appropriate, properly prepared or on the correct forms. The Zoning Administrator was cut out of the process. Who cut Jim VanWormer out of the process? Why was he cut out? And Why didn't Mr. VanWormer blow the whistle?
Note: For whatever reason, I was not given a copy of Mr. Longenecker’s Application for Special Use until I returned to Hayes Township Hall on March 10, 2009 and specifically asked for it. (Remember, I had asked for all paperwork pertaining to Moto Mania on Mostetler Road.) On that day, I spoke to Kevin Breese, the Hayes Township Clerk. He gave me a copy of Mr. Longenecker’s Application for Special Use dated October 15, 2009.
This copy of the Application for Special Use is incomplete.
To see a blank copy of an Application for Special Use, in order to follow along, click here.
As of 15 October, 2009, Kenneth Gamble is listed as the property Owner.
Mr. Gamble’s signature is not on the application as the owner.
Mr. Gamble’s mailing address is not filled out on the application.
No letter authorizing Doug Longenecker to act on Kenneth Gamble’s behalf was provided by Mr. Gamble in lieu of his signature on the application.
The application states, “This application will not be processed until authorized by the property owner.”
The application was processed, without Ken Gamble's authorization, without Jim VanWormer, and the Hayes Township Planning Commission voted on it on 21 October 2009.
The current zoning of the property box is not filled out.
The Master Plan designation of the property box is not filled out.
The legal description of the property, which was filled out is inaccurate.
Doug wrote, "200 acreas of mainly rolling terrain/wooded."
The application states: “briefly describe the proposed land use and attach a written narrative addressing the ‘standards of approval’ pursuant to Section 1603, 3 a-e, of the Township Zoning Ordinance.”
No such written narrative was attached by Mr. Longenecker.
The brief description Doug wrote: "motocross/ATV/Snowmobile Park".
The application states: “A complete site plan containing all applicable data outlined in Section 1602, of the Hayes Township Zoning Ordinance must accompany this application.”
The original site plan that Mr. Longenecker submitted was neither complete nor properly prepared.
Mr. Longenecker’s signature as the applicant on the application form acknowledges receipt of the Article XVI (Administration and Enforcement ) of the Hayes Township Zoning Ordinance. From whom did he receive the document? Not Jim VanWormer. I'd be willing to bet that he never received it. It's apparent that he never read it.
Mr. Longenecker's signature acknowledging receipt of Article XVI, and his failure to comply with said article of the Hayes Township Zoning Ordinance was grounds for denial of his request.
Mr. Longenecker’s failure to read or to comply with the Ordinance in submitting his application or his site plan is not the fault of the Hayes Township Board or the Hayes Township Planning Commission. But the Township is culpable for considering a non-compliant and incomplete application and site plan.
Mr. Longenecker's failure to read or comply with the Ordinance in submitting his application also makes him complicit in the Planning Commission's and Board of Trustees' railroad job of his application.
In the Township Use Section:
The Application fee box is blank. There is no record of Mr. Longenecker’s having paid a fee to file the application.
The Date Received block is blank. The application must have been received sometime between 15 - 21 October, 2009, inclusive. The application must have been received by 19 October 2009 in order to comply with the Ordinance.
The Receipt Number block is blank. There is no record of any application fee paid by Mr. Longenecker. Did Mr. Longenecker ever pay an application fee to file his application? Where is the proof?
The Publication Date block is blank. No public hearing concerning this Special Use was ever scheduled or published in any newspaper at the time this application was approved. This was not an oversight.
The Date Notices Mailed block is blank. No notices regarding a public hearing or the Special Use Application were ever sent to the property owners adjacent to the Gamble property on Mostetler Road. This was also not an oversight.
The Public Hearing Date is blank. There was no public hearing scheduled. Again, not an oversight. And why wasn't a public hearing scheduled?
There are 2 versions of the Original Application that were given out to those who requested them. I have seen both versions. One shows an x in the “Approved” box. The other photocopy shows the “Approved” box blank. Both of these copies were obtained from Hayes Township in March 2010. It is unclear when the “Approved” box was filled in.
Hayes Township Planning Commission Special Meeting, May 17, 2010, page 1: “The only mistake was neglecting to send letters to neighboring properties and he takes full blame for that.” - Lyle Criscuolo.
"L. Dancer apologized for the confusion and disruption that has happened since October."
"L. Schanhals apologized for the lack of notices to residents adjacent to the land…"
In the “do over” afforded to Mr. Longenecker and Hayes Township Planning Commission (because the "do over" was as much for the Planning Commission as it was for Doug Longenecker), After several requests for all paperwork pertaining to the Gamble-Longenecker Property on Mostetler Road, a new application for Special Use has not been produced by the Township or then by extension, Doug Longenecker.
For both the original application and the "do over" Mr. Longenecker turned in the same application with the same date on it. Lyle, as the Chair of the Planning Commission, who has been a member of the Planning Commission for 22 years, and who helped write the Master Plan and the Zoning Ordinance claims that he was unaware that notices had not been sent to the adjacent neighbors. How could he not know? Does he not read the applications put in front of him? How could he not notice that Mr. Longenecker's application was incomplete? If he didn't notice, he's incompetent. If he did notice, and he let it go anyway, then he's a co-conspirator in the effort to railroad this application through and skirting the process. Is this the kind of person the residents in Hayes Township want running the Planning Commission?
Next installment: Application Procedures, continued...
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