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.
Application Procedures continued:
B) The Zoning Administrator (at the time, Jim VanWormer) reviews the application(s) and site plan to ensure all the requirements of Article XVI have been met.
The requirements of Article XVI were not met, nor does it appear that Mr. VanWormer received or reviewed any application(s) or site plan from Mr. Longenecker.
This all took place during the time in October 2009 when Mr. VanWormer was out of town on his annual hunting trip. Why did the Hayes Township officials rush this through while Mr. VanWormer was away on vacation? Why could it not have waited for Mr. VanWormer's return? Why was the Special Meeting of the Planning Commission called on such short notice? Who called the Special Meeting of the Planning Commission?
C) According to Article XVI, Section 1601 Duties of the Zoning Administrator, Paragraph 2, Page 73, "In regard to site plans for A-R, R-1,R-2, and R-3 Districts; to approve site plans that comply with the Hayes Township Zoning Ordinance and any other applicable ordinances or statutes."
The Zoning Administrator (at the time Jim VanWormer) is the approving authority for site plans that comply with the Hayes Township Zoning Ordinance and any other applicable statutes.
Jim VanWormer did not review Mr. Longenecker's original Site Plan. Mr. Longenecker’s original site plan did not comply.
D) Section 1601 Duties of the Zoning Administrator, Paragraph 2, Page 73: "If in his or her discretion, the Zoning Administrator (Jim VanWormer) determines that a site plan may not comply with some legal requirement, (which it didn’t) the Zoning Administrator (Jim VanWormer) shall forward the site plan to the Hayes Township Planning Commission for review."
Mr. VanWormer did not forward Mr. Longenecker’s original Site Plan to the Hayes Township Planning Commission for review for non-compliance – They were voting on it anyway.
OR
D) Section 1603 Site Plan Review, Paragraph 2, Page 74: "Upon determining that the proposed use complies with the ordinance, and all other pertinent codes and ordinances of the township, the Zoning Administrator (Mr. VanWormer) causes the request for approval to be put on the agenda of the next regularly scheduled Planning Commission meeting, provided that such a meeting is scheduled at least 48 hours after the applicant (Mr. Longenecker) has submitted his site plan to the Zoning Administrator’s (Mr. VanWormer’s) office."
“Hayes Township Planning Commission Meeting, Special Meeting Date: October 21, 2009: Chair Criscuolo stated his displeasure over the lack of advanced notification of meetings, and the importance of opportunity to review requests in advance of meetings. The thought was shared by all members present. (Criscuolo, Dancer, Schanhals, Atkinson, Malone, Hopkins, Township Supervisor Scherrer). Members should be able to review and visit the site in advance of any meetings. Chair Criscuolo wanted the minutes to reflect this: ‘If there are no site plans for members to review, before the meeting, there will be no vote taken, and the matter will be tabled to allow for that review in the future.’” The application did not comply, but Mr. Longenecker’s request for approval was put on the agenda of a special meeting of the Hayes Township Planning Commission, and not by the Zoning Administrator. It is not clear who put this request on the agenda of the meeting, or why, because this was in violation of the ordinance. Apparently, this was short notice, because the chairman of the Planning Commission, Mr. Criscuolo complained in the minutes of the meeting that he did not have enough time to review the request and look at the property in question before being asked to vote on the request.
Was this special meeting scheduled for the purpose of voting on this request? I believe so. Either that or John Scherrer wanted to take care of the noisy rooster problem in his neighborhood. (The roosters were also addressed at the meeting.)
Hayes Township Planning Commission Special Meeting, May 17, 2010: "L. Criscuolo stated that his phone has run off the hook and there were many false statements being spread. There was no illegal meeting in October. It was a regularly scheduled Meeting date and was posted in the Clare County Cleaver as always. The only mistake was neglecting to send letters to neighboring properties."So which was it? A Special Meeting as stated in the minutes on October 21, 2009? Or was it a regularly scheduled meeting as maintained by Mr. Criscuolo months later in the May 17, 2010 Minutes? And if it was a regularly scheduled meeting posted in the Clare County Cleaver as always, then why did Mr. Criscuolo state his displeasure over the lack of advanced notification of meetings? As chair, he of all people should be aware of the meeting dates, and have some hand in setting the meeting dates. What was the date of publication in the Clare County Cleaver? I think Lyle has been caught in a lie.
OR
D) Section 1603, Site Plan Review, Paragraph 2 Review Procedure, Page 74: "If the regularly scheduled Planning Commission meeting is to be held within 48 hours of such submittal by the applicant" (Mr. Longenecker), then the Zoning Administrator (Mr. VanWormer) shall schedule the applicant’s hearing for the next regularly scheduled Planning Commission meeting."
Based on Chair Criscuolo’s complaint in the minutes of the October 21,2009 Planning Commission Special Meeting, Mr. Longenecker’s request was not put on the agenda of the next regularly scheduled meeting of the Planning Commission, but on the agenda of a Special Meeting convened on short notice. Who convened the Special Meeting? Clearly it was not Chair Criscuolo. It was not the Zoning Administrator, Jim VanWormer. Was it Hayes Township Supervisor John Scherrer?
E) Section 1603, Site Plan Review, Paragraph 2 Review Procedure, Page 74: "The Planning Commission shall have the responsibility to approve... the applicant's request using the criteria for site plan review included in this Ordinance as a basis for its decision."
The Planning Commission improperly approved Mr. Longenecker’s so-called application and site plan on October 21, 2009, and did not show any basis for approval.
OR
E) Section 1603, Site Plan Review, Paragraph 2 Review Procedure, Page 74: "The Planning Commission shall have the responsibility to... approve with specified changes... the applicant's request using the criteria for site plan review included in this Ordinance as a basis for its decision."
It does not appear that there were any changes or conditions specified by the Planning Commission when they approved Mr. Longenecker’s original request and site plan.
OR
E) Section 1603, Site Plan Review, Paragraph 2 Review Procedure, Page 74: "The Planning Commission shall have the responsibility to... disapprove the applicant's request using the criteria for site plan review included in this Ordinance as a basis for its decision."
Although there was sufficient basis in the Ordinance upon which the Planning Commission could have and should have disapproved Mr Longenecker’s request and site plan, the Planning Commission chose not to disapprove them. Why is that?
Next: Criteria For Site Plan Review
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