According to a letter to the Clare County Cleaver, (25 Nov 2010), Lindsay (Jolly-) Heber thinks I'm a bully. If shining the spotlight of truth on documented malfeasance and incompetence and calling out those responsible for it is being a bully, then I am guilty as charged. If trying to prevent those who are responsible for it and all that it has cost Hayes Township from ever having an opportunity to do it again is being a bully, then once again, I am guilty as charged.
In one sentence Lindsay calls Lyle Criscuolo "one of the strongest willed people on the board," and in another sentence she asks, "Why go for Lyle? Because you see him as a weaker victim..." [than David Dreyer]?
Which is he, Lindsay? "One of the strongest willed people on the board"? Or "weaker victim"? Because he can't be both.
I think he's one of the strongest willed people on the board, as Lindsay says. As such, he is the perfect whip to keep the weaker willed members of the board in line and vote the way they're supposed to vote. As chair, he has no problem wielding that power. I've seen it in action. And that's pretty much what I've already said about Lyle.
Lyle is hardly anyone's "weak(er) victim." If anything, he is the victim of his own misconduct, and the proof of that is well documented. I'm just the loud whistle blower. If that makes me a bully, then I'm guilty as charged.
What I want to see is for Lyle to man up and act upon the responsibility that he has taken upon himself and do the right thing and resign. He has said that he bears the full blame for not notifying the neighbors of Doug Longenecker's application for special use. The consequences of that oversight have cost Hayes Township plenty. It remains to be seen whether Lyle will do the right thing or if he will cause the Hayes Township Board of Trustees have to remove him from office. If I were a gambler, I know where I would put my money.
Hayes Township Attorney David Dreyer's day is coming for the light to shine on him, but not yet.
As for ZBA member Bob Johnson, he was the victim of a witch hunt and all kinds of accusations that came to nothing about his supposed connections to Ginnie Collins. All because of his vote at the first ZBA meeting. He didn't vote the "right" way, to uphold the Special Use on the Gamble-Longenecker property on Mostetler Road. He was the one who got bullied by Lyle. But he stood up to Lyle.
If standing up to bullies is misconduct and grounds for removal from the ZBA, then I really have to wonder about the values and priorities of the leaders and residents of Hayes Township who are so focused on a goal that has violated the rights of individuals every step of the way. What does it say about a community where they are so focused on their goal that the end justifies the means, and it makes no difference who they step on to get it or how crooked the means by which they acquired it? I question the ethics of such people. Yet that is exactly what I have seen demonstrated by the folks who want Moto Mania to happen so badly. It's OK to skirt the Ordinance and the intent of the Ordinance because in the end we get what we want? It's OK to screw over an entire group of taxpayers who have worked their butts of for their own slice of the American Dream because what we want conflicts with what they have worked so hard for? Really Lindsay?
The sad fact is, if Doug had gone about it the right way, if he had checked, really checked the zoning ordinance and then looked for property in the area properly zoned instead of trying to force a special use in an area where it doesn't belong, this could all have been avoided. And everyone could have had what they wanted. Doug could have had his Moto Mania, the ORV riders could have had a place to play and the Mostetler Road and Deer Lake neighbors could have had their peace and quiet and hunting. And the entire township would have gotten behind his business endeavor.
But no, instead, he found a township whose leaders had no regard for their own ordinance and had no problems with letting this slide and letting that slide, but it's OK - we'll take care of it. And now the chickens have come home to roost.
Failing to plan is planning to fail. Not doing things on the up and up is also planning to fail.
And since Lindsay and Robin and others are so concerned that I hail from Virginia, know this: I may reside there temporarily because of my husband's military career, but his home of record is in Michigan and so is mine. I blog as the voice of the Laskowsky Trust which owns property in Hayes Township, as well as other members of my family who own property in Hayes Township. I have a family interest in Hayes Township. It is "our" township too.
Tuesday, November 30, 2010
This is a Public Service Announcement
John Scherrer and several members of the various appointed boards that serve Hayes Township have often repeated the refrain that "Nobody wants to volunteer to be on any of the boards." So, as a public service to Hayes Township, I have decided to run this post once a month on this blog until every board is at full capacity and there is a file full of applications to back them up. Apparently there are still positions available for those who are interested.
I have heard rumors that some members of some of the boards feel "trapped," like if they resign from their service on the boards, either before their terms are up or when their terms are up, there is no one else to take their place and the board will be left short-handed without them. By making this announcement, I am doing my part to encourage the taxpaying citizens of Hayes Township to step up and apply for jobs on the boards and serve your community.
Even if they don't appoint you right away, you will have thrown your hat in the ring against future needs for people willing to do the job. Hopefully, they will keep your application on file and check back with you at least annually for updates if they cannot appoint you right away.
This way, when terms are up, there will be a pool of new folks willing to do the jobs and fill vacancies and the incumbents will not feel an obligation to stay if they want to move on. It will also ensure that there are fresh faces bringing their best ideas to Hayes Township.
Once appointed, these new members should never take their appointments lightly, but should avail themselves of every opportunity to train for their new position and take advantage of the resources available to them through Michigan Townships Association
I urge all of my readers who are voting members of Hayes township to consider public service in Hayes Township. If you are interested in serving as a member of an appointed board, please go to the Hayes Township office on Townline Lake Road to fill out an application. You can make a difference.
Right now, this public service announcement and this blog are the best I have to offer. As soon as I am a legal resident of Hayes Township, I will be considering public service myself.
Thanks, Robin for helping me get the word out.
I have heard rumors that some members of some of the boards feel "trapped," like if they resign from their service on the boards, either before their terms are up or when their terms are up, there is no one else to take their place and the board will be left short-handed without them. By making this announcement, I am doing my part to encourage the taxpaying citizens of Hayes Township to step up and apply for jobs on the boards and serve your community.
Even if they don't appoint you right away, you will have thrown your hat in the ring against future needs for people willing to do the job. Hopefully, they will keep your application on file and check back with you at least annually for updates if they cannot appoint you right away.
This way, when terms are up, there will be a pool of new folks willing to do the jobs and fill vacancies and the incumbents will not feel an obligation to stay if they want to move on. It will also ensure that there are fresh faces bringing their best ideas to Hayes Township.
Once appointed, these new members should never take their appointments lightly, but should avail themselves of every opportunity to train for their new position and take advantage of the resources available to them through Michigan Townships Association
I urge all of my readers who are voting members of Hayes township to consider public service in Hayes Township. If you are interested in serving as a member of an appointed board, please go to the Hayes Township office on Townline Lake Road to fill out an application. You can make a difference.
Right now, this public service announcement and this blog are the best I have to offer. As soon as I am a legal resident of Hayes Township, I will be considering public service myself.
Thanks, Robin for helping me get the word out.
Sunday, November 28, 2010
Robin Wants to Play Silly Games
Have you ever stood in the same room with two people who are fighting and been asked to be the go-between for them?
"Tell Sally that I said..."
"Well you tell Suzy that I said..."
Sally and Suzy can hear each other just fine, but they won't speak directly to one another. This is the same game Robin is playing. She has banned me from speaking directly to her or anyone else on the Moto Mania facebook page, so I can only respond on my blog. She will not deign to come to my blog and comment, so there cannot be any true dialog between us. Just unanswerable snarks from facebook.
Robin's latest snark:
"I was in the Hayes Township Offices last week when Doug was in there to apply for a new Special Use as either a "Resort" or a "Campground." He was parsing the meaning of both "Resort" and "Campground" as defined by the Hayes Township Zoning Ordinance. It would appear that this is the course of action Doug has decided to pursue. – Another quote from Karen Laskowsky. Were you really there? I didn’t notice the lean to the building… were you having coffee with Ms. Litke? So is this hearsay or say as you hear? BOOMAGRAM"
As a matter of fact, Robin, I was in the Hayes Township Offices when Doug was in there. It was Wednesday, the 17th of November. John Scherrer and Lisa Stager can also place me there, and so can Doug. We made eye contact, but neither of us said a word to one another. He was coming out of the men's room while Lisa had gone into John's office. I was standing at the window of Kevin Breese's office - he wasn't there - waiting for info and copies of stuff I had asked for. In fact, at one point, John and I were having a heated argument about Lyle, and putting the question of Lyle's continued service to the Township on the agenda of the Board of Trustees meeting on the 23rd of Nov. I'm sure Doug heard that. But he was busy with his own stuff in Lisa Stager's office by then. I'm guessing he didn't recognize me. I had to wait for some of the stuff I had asked for, so I sat at the back table to wait for it. While I was waiting, I heard quite a lot. I blogged some firsthand information.
Surprised, Robin? My entire interaction with Ms. Litke was to ask for the information I was waiting on. Strictly professional.
Thank you for playing "Where's Klasko?" for a fun prize. I guess Doug doesn't get the prize. He missed Klasko right under his nose. Robin, you comment about the building leaning - you're claiming to have been there? I didn't see you unless you were hiding in the old burgundy beater car. Looks like you missed the fun prize too.
Keep playing "Where's Klasko?" you never know where she'll turn up.
"Tell Sally that I said..."
"Well you tell Suzy that I said..."
Sally and Suzy can hear each other just fine, but they won't speak directly to one another. This is the same game Robin is playing. She has banned me from speaking directly to her or anyone else on the Moto Mania facebook page, so I can only respond on my blog. She will not deign to come to my blog and comment, so there cannot be any true dialog between us. Just unanswerable snarks from facebook.
Robin's latest snark:
"I was in the Hayes Township Offices last week when Doug was in there to apply for a new Special Use as either a "Resort" or a "Campground." He was parsing the meaning of both "Resort" and "Campground" as defined by the Hayes Township Zoning Ordinance. It would appear that this is the course of action Doug has decided to pursue. – Another quote from Karen Laskowsky. Were you really there? I didn’t notice the lean to the building… were you having coffee with Ms. Litke? So is this hearsay or say as you hear? BOOMAGRAM"
As a matter of fact, Robin, I was in the Hayes Township Offices when Doug was in there. It was Wednesday, the 17th of November. John Scherrer and Lisa Stager can also place me there, and so can Doug. We made eye contact, but neither of us said a word to one another. He was coming out of the men's room while Lisa had gone into John's office. I was standing at the window of Kevin Breese's office - he wasn't there - waiting for info and copies of stuff I had asked for. In fact, at one point, John and I were having a heated argument about Lyle, and putting the question of Lyle's continued service to the Township on the agenda of the Board of Trustees meeting on the 23rd of Nov. I'm sure Doug heard that. But he was busy with his own stuff in Lisa Stager's office by then. I'm guessing he didn't recognize me. I had to wait for some of the stuff I had asked for, so I sat at the back table to wait for it. While I was waiting, I heard quite a lot. I blogged some firsthand information.
Surprised, Robin? My entire interaction with Ms. Litke was to ask for the information I was waiting on. Strictly professional.
Thank you for playing "Where's Klasko?" for a fun prize. I guess Doug doesn't get the prize. He missed Klasko right under his nose. Robin, you comment about the building leaning - you're claiming to have been there? I didn't see you unless you were hiding in the old burgundy beater car. Looks like you missed the fun prize too.
Keep playing "Where's Klasko?" you never know where she'll turn up.
Friday, November 26, 2010
For the Record...
Let me be clear to Robin and everyone else who reads my blog: when I make accusations, I back them up with documentation or I make references to incidents that have occurred in front of many witnesses, or I have seen or heard it for myself, and I name names. I do not rely on hearsay from one person’s word against another’s. If I make a reference to anything that goes on in the Hayes Township
If names are not named, it's because I cannot prove with irrefutable reference to sources the conclusions I have drawn.
Monday, November 22, 2010
What's Next For Moto Mania
It would appear that Doug Longenecker has four choices for ways to proceed from here.
Option #1: Take the matter to court and appeal the Zoning Board of Appeals' decision to Circuit Court. Judge Mienk should have received word of the decision by now. He has indicated that once the ZBA had decided he would become involved if an aggrieved party appeals to him.
According to the Hayes Township Zoning Ordinance, Section 1509 Final Action on Appeals, page 72 of the most up to date copy, (which is still not on the Hayes Township Website), "The decision of the [Zoning] Board of Appeals shall not be final, and any person aggrieved by any such decision shall have the right to petition to the Circuit Court on questions of law and fact."
Doug is perfectly within his rights to appeal the ZBA's decision to the Circuit Court, however his attorney, Jaynie Hoerauf has indicated that she wants to review wording the Zoning Board of Appeals' motion before she goes forward with an appeal to the circuit court.
If he chooses this option, he will be filing a new case altogether. I wonder if his new case will go before Judge Mienk, since he is familiar with the case, or another judge. I'm sure Doug and his attorneys are hoping for a different judge for his appeal since Judge Mienk did not seem impressed with Doug's shenanigans with regard to the Polaris event on Moto Mania property which violated the ZBA stay.
Option #2: He can wait 90 days and ask the Zoning Board of Appeals to reconsider their decision.
According to the Hayes Township Zoning Ordinance Section 1503 Rules and Regulations, Paragraph 6, Page 71 (Most up to date version), "For a period of ninety (90) days, following a decision by the [Zoning] Board [of Appeals], no reconsideration of that decision shall be given unless the Board, in its sole discretion, determines that there has been a material change in applicable facts and circumstances."
Unless Lyle succeeds in sneaking in a change to the Hayes township Zoning Ordinance, like, say, adding a new special use to the A-R zone to specifically say Motocross Parks and ORV Businesses, or some other rule change, which will take a process, I don't see how a "material change in applicable facts and circumstances" can take place.
The earliest Doug can apply for reconsideration is 8 Feb 2011.
Option #3: Apply for a brand spankin' new Special Use Permit, starting from scratch. Nothing prohibits him from doing this.
I was in the Hayes Township Offices last week when Doug was in there to apply for a new Special Use as either a "Resort" or a "Campground." He was parsing the meaning of both "Resort" and "Campground" as defined by the Hayes Township Zoning Ordinance. It would appear that this is the course of action Doug has decided to pursue.
So he wants to go for round three. I guess he thinks that the third time's a charm. Only this time, I think he's going to find out that the hoops he wasn't made to jump through by Jim VanWormer, Lyle Criscuolo and the rest of the Planning Commission are hoops looming large this time around. I think Doug is going to find out that there's more to it than simply calling your business a "Resort" or a "Campground". Unlike the last two go-rounds, he is finding out that there are requirements to be met and other agencies besides Hayes Township who have a say in the matter. It is more complicated than he thinks it is. It could take another year before this gets decided.
In the meantime, we will hold the Planning Commission's feet to the fire and watch them like hawks. Again. This time we will be vocal about it when we point out potential conflicts of interest among members of the Planning Commission, and they may want to bear that in mind. Any that do have conflicts may want to recuse themselves this time around when the application gets to them.
Jim VanWormer is gone, and I don't think that the Planning Commission can pull Lisa Stager's strings as easily as they pulled his. In fact, I don't think she has any strings to pull.
Option #4: Doug can cut his losses and walk away, and try to get redress from Hayes Township for what he invested in the first place, (before Judge Mienk told him to continue to develop at his own risk). I don't think he has much grounds for anything beyond that. He was complicit in the way things were done the last two times around and has already displayed a willingness to bend the rules and violate stays and restrictions placed upon him. With his track record, if I were on the Planning Commission, I would think twice before I rewarded that a second time.
And the neighbors? We're in it for the long haul. Our lives, family and investments are tied up in our property. We aren't going anywhere.
Option #1: Take the matter to court and appeal the Zoning Board of Appeals' decision to Circuit Court. Judge Mienk should have received word of the decision by now. He has indicated that once the ZBA had decided he would become involved if an aggrieved party appeals to him.
According to the Hayes Township Zoning Ordinance, Section 1509 Final Action on Appeals, page 72 of the most up to date copy, (which is still not on the Hayes Township Website), "The decision of the [Zoning] Board of Appeals shall not be final, and any person aggrieved by any such decision shall have the right to petition to the Circuit Court on questions of law and fact."
Doug is perfectly within his rights to appeal the ZBA's decision to the Circuit Court, however his attorney, Jaynie Hoerauf has indicated that she wants to review wording the Zoning Board of Appeals' motion before she goes forward with an appeal to the circuit court.
If he chooses this option, he will be filing a new case altogether. I wonder if his new case will go before Judge Mienk, since he is familiar with the case, or another judge. I'm sure Doug and his attorneys are hoping for a different judge for his appeal since Judge Mienk did not seem impressed with Doug's shenanigans with regard to the Polaris event on Moto Mania property which violated the ZBA stay.
Option #2: He can wait 90 days and ask the Zoning Board of Appeals to reconsider their decision.
According to the Hayes Township Zoning Ordinance Section 1503 Rules and Regulations, Paragraph 6, Page 71 (Most up to date version), "For a period of ninety (90) days, following a decision by the [Zoning] Board [of Appeals], no reconsideration of that decision shall be given unless the Board, in its sole discretion, determines that there has been a material change in applicable facts and circumstances."
Unless Lyle succeeds in sneaking in a change to the Hayes township Zoning Ordinance, like, say, adding a new special use to the A-R zone to specifically say Motocross Parks and ORV Businesses, or some other rule change, which will take a process, I don't see how a "material change in applicable facts and circumstances" can take place.
The earliest Doug can apply for reconsideration is 8 Feb 2011.
Option #3: Apply for a brand spankin' new Special Use Permit, starting from scratch. Nothing prohibits him from doing this.
I was in the Hayes Township Offices last week when Doug was in there to apply for a new Special Use as either a "Resort" or a "Campground." He was parsing the meaning of both "Resort" and "Campground" as defined by the Hayes Township Zoning Ordinance. It would appear that this is the course of action Doug has decided to pursue.
So he wants to go for round three. I guess he thinks that the third time's a charm. Only this time, I think he's going to find out that the hoops he wasn't made to jump through by Jim VanWormer, Lyle Criscuolo and the rest of the Planning Commission are hoops looming large this time around. I think Doug is going to find out that there's more to it than simply calling your business a "Resort" or a "Campground". Unlike the last two go-rounds, he is finding out that there are requirements to be met and other agencies besides Hayes Township who have a say in the matter. It is more complicated than he thinks it is. It could take another year before this gets decided.
In the meantime, we will hold the Planning Commission's feet to the fire and watch them like hawks. Again. This time we will be vocal about it when we point out potential conflicts of interest among members of the Planning Commission, and they may want to bear that in mind. Any that do have conflicts may want to recuse themselves this time around when the application gets to them.
Jim VanWormer is gone, and I don't think that the Planning Commission can pull Lisa Stager's strings as easily as they pulled his. In fact, I don't think she has any strings to pull.
Option #4: Doug can cut his losses and walk away, and try to get redress from Hayes Township for what he invested in the first place, (before Judge Mienk told him to continue to develop at his own risk). I don't think he has much grounds for anything beyond that. He was complicit in the way things were done the last two times around and has already displayed a willingness to bend the rules and violate stays and restrictions placed upon him. With his track record, if I were on the Planning Commission, I would think twice before I rewarded that a second time.
And the neighbors? We're in it for the long haul. Our lives, family and investments are tied up in our property. We aren't going anywhere.
Friday, November 19, 2010
It's Time For Lyle To Go, Part 2
As the Chair of the Planning Commission, Lyle has abused his power. Abuse of power is misconduct while in office, and in my opinion is grounds for removal from all offices and positions of responsibility held.
The following list of Lyle's abuses should help John Scherrer figure out what the written charges should look like. He was at a loss when I was in his office the other day. This should be an agenda item at next week's Board of Trustees meeting as a first step in the process to remove Lyle from all boards. (John, the Board of Trustees needs to have charges written out and schedule a public hearing. I have given you plenty to work with.)
1. As the Chair of the Planning Commission, Lyle and the Planning Commission did not follow [proper procedure as prescribed in] the Hayes Township Zoning Ordinance in considering the paperwork that Doug Longenecker provided. (Dreyer Letter, dated 12 Mar 2010, Page 2).
2. Lyle chaired the Special Meeting of the Planning Commission in which the Planning Commission passed a resolution which did not meet the requirements of the Hayes Township Zoning Ordinance, and was therefore an invalid resolution. (Dreyer Letter, dated 12 March 2010, Page 2).
3. These missteps by the Planning Commission under Lyle's Chairmanship caused the Hayes Township Attorney to get involved and advise the Board of Trustees to require the Planning Commission to revisit the entire issue. (Dreyer Letter dated 12 Mar 2010, Page 2).
4. Lyle and the Planning Commission considered a deficient site plan at the Special Meeting on 21 Oct 2009. Any lay person could have seen that the site plan was deficient upon looking at it. Unless Lyle didn't bother to look at it, he had to notice it.
5. Lyle and the Planning Commission considered an incomplete Application for Special Use at the Special Meeting on 21 Oct 2009. I have seen the original application. Anyone looking at it could tell it was incomplete. Surely Lyle knew it was incomplete the minute he saw it.
6. Lyle and the Planing Commission failed to ensure that the neighbors adjacent to the Gamble property were notified of Doug Longenecker's application for Special Use; one of many mistakes, not "the only mistake" as Lyle maintains.
7. Lyle and the Planning Commission did not schedule a public hearing to hear public discussion on the matter.
8. A less publicized action that occured at the same Planning Commission Special Meeting on 21 Oct 2009, which Lyle chaired was, Lyle and the Planning Commission changed the Zoning Ordinance without process. "Supervisor Scherrer brought attention to an ongoing problem with Chickens in residential neighborhoods. Roosters are crowing and crowing. He suggests no more than 4 chickens, but NO roosters allowed in residential area. Scherrer is to have a notice published in the paper regarding to the changes in the zoning to disallow Roosters on a small plot of land. Notice is to be set 1st or 2nd week of December. Motion by M/Atkinson, 2nd by Dancer, members in agreement publishing this zoning change. M/C."
9. Inasmuch as Lyle had a hand in writing the Hayes Township Zoning Ordinance and has been on the Planning Commission since 1988, he has no excuse for not following the Ordinance. He is very familiar with the ordinance. Lyle knowingly set aside the Ordinance to serve an agenda.
10. All of Lyle's public statements seem to imply that the Hayes Township Master Plan trumps the Zoning Ordinance. Lyle fails to grasp that the Master Plan is the guideline, the foundation upon which the Zoning Ordinance is laid, and the Zoning Ordinance carries the weight of the law, and is the law. It is unacceptable that someone who has helped to write both documents fails to understand the relationship between the two documents. It is also unacceptable that someone who wields as much power and influence as Lyle does in his fifteen year tenure as both the Chair of the Planning Commission and until recently the Chair of the Zoning Board of Appeals fails to grasp this.
11. As the Chairman of the Planning Commission, at the public hearing on 12 May 2010, Lyle suppressed the free speech of my family when he refused to read our letters, which all touched on different aspects of the situation related to Doug Longenecker's Special Use Application. Research and time went into those letters. Every other letter received by the Township was read, but those. Contrary to his assurance that those letters would be "read into the record" that did not happen. There was no record to read them into. The minutes from that meeting were a joke, (handwritten and incomplete), especially when Lyle and Mr. Dreyer went to great lengths and a big deal to introduce a supposed court recorder who had been hired to take those minutes. There is no record of anything. This was an abuse of power.
12. Lyle and the Planning Commission cherry picked certain clauses in both the Hayes Township Master Plan and the Hayes Township Zoning Ordinance, pulling them out of context in order to justify and support the outcome they wanted, and failed to consider the Master Plan and Zoning Ordinance as a whole in considering Doug Longenecker's Application for Special Use and Site Plan. Lyle himself has maintained that like Bible verses, you cannot pull things out of context, yet that is just what Lyle and the Planning Commission did to justify the approval of the Special Use and Site Plan. He found the one point that supports the decision while ignoring the many other points that do not support the decision.
13. Lyle stated in the minutes of the Special meeting of the Hayes Township Planning Commission on 17 May 2010 that "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 meeting on 21 October 2009 was a Special Meeting according to the minutes of the meeting. I sat in the public library for several days poring over 3 years' worth of Clare County Cleaver newspaper archives and the only Planning Commission meetings that have been published in the Cleaver are the ones that have taken place this year since the Moto Mania issue came to light. No regular meetings have been announced in the Cleaver in the last 3 years. That particular meeting was not announced. "As always," if the general public wants to know when the Planning Commission meets, they have to call the Township offices to find out because notice is not published in the Cleaver, or on the Hayes Township website.
14. While Lyle maintains that "we did not change the zoning" on Mostetler Road, he is right. The process was not for a zoning change, but the effect of the resolution is the same as if they had changed the Zoning. After 22 years of experience, Lyle knows well how to effectively change the zoning without changing the zoning. He helped write the law, he knows how to get around the law.
Lyle's missteps as the Chair of the Planning Commission amount to incompetence, neglect, malfeasance abuse of power, hubris and misconduct while in office.
Lyle and the Planning Commission by their actions are the architects of the acrimony and ill will around Harrison.
Lyle and the Planning Commission have failed to protect the interests and property values of a whole group of taxpaying landowners who have invested years' worth of time, energy and life savings in their property. They are already taxed without representation, and pay more in taxes than year round residents. This abuse makes it worse.
Lyle's missteps as the Chair of the Planning Commission have already cost Hayes Township tens of thousands of dollars in legal fees to all sides of the Moto Mania Issue. Before this is over it will cost thousands more. How much more of Lyle's leadership can Hayes Township afford?
Lyle Criscuolo is more of a liability than an asset to Hayes Township. The Board of trustees should ask for his resignation or take the necessary steps to remove him from both the Planning Commission and the Zoning Board of Appeals.
The following list of Lyle's abuses should help John Scherrer figure out what the written charges should look like. He was at a loss when I was in his office the other day. This should be an agenda item at next week's Board of Trustees meeting as a first step in the process to remove Lyle from all boards. (John, the Board of Trustees needs to have charges written out and schedule a public hearing. I have given you plenty to work with.)
1. As the Chair of the Planning Commission, Lyle and the Planning Commission did not follow [proper procedure as prescribed in] the Hayes Township Zoning Ordinance in considering the paperwork that Doug Longenecker provided. (Dreyer Letter, dated 12 Mar 2010, Page 2).
2. Lyle chaired the Special Meeting of the Planning Commission in which the Planning Commission passed a resolution which did not meet the requirements of the Hayes Township Zoning Ordinance, and was therefore an invalid resolution. (Dreyer Letter, dated 12 March 2010, Page 2).
3. These missteps by the Planning Commission under Lyle's Chairmanship caused the Hayes Township Attorney to get involved and advise the Board of Trustees to require the Planning Commission to revisit the entire issue. (Dreyer Letter dated 12 Mar 2010, Page 2).
4. Lyle and the Planning Commission considered a deficient site plan at the Special Meeting on 21 Oct 2009. Any lay person could have seen that the site plan was deficient upon looking at it. Unless Lyle didn't bother to look at it, he had to notice it.
5. Lyle and the Planning Commission considered an incomplete Application for Special Use at the Special Meeting on 21 Oct 2009. I have seen the original application. Anyone looking at it could tell it was incomplete. Surely Lyle knew it was incomplete the minute he saw it.
6. Lyle and the Planing Commission failed to ensure that the neighbors adjacent to the Gamble property were notified of Doug Longenecker's application for Special Use; one of many mistakes, not "the only mistake" as Lyle maintains.
7. Lyle and the Planning Commission did not schedule a public hearing to hear public discussion on the matter.
8. A less publicized action that occured at the same Planning Commission Special Meeting on 21 Oct 2009, which Lyle chaired was, Lyle and the Planning Commission changed the Zoning Ordinance without process. "Supervisor Scherrer brought attention to an ongoing problem with Chickens in residential neighborhoods. Roosters are crowing and crowing. He suggests no more than 4 chickens, but NO roosters allowed in residential area. Scherrer is to have a notice published in the paper regarding to the changes in the zoning to disallow Roosters on a small plot of land. Notice is to be set 1st or 2nd week of December. Motion by M/Atkinson, 2nd by Dancer, members in agreement publishing this zoning change. M/C."
9. Inasmuch as Lyle had a hand in writing the Hayes Township Zoning Ordinance and has been on the Planning Commission since 1988, he has no excuse for not following the Ordinance. He is very familiar with the ordinance. Lyle knowingly set aside the Ordinance to serve an agenda.
10. All of Lyle's public statements seem to imply that the Hayes Township Master Plan trumps the Zoning Ordinance. Lyle fails to grasp that the Master Plan is the guideline, the foundation upon which the Zoning Ordinance is laid, and the Zoning Ordinance carries the weight of the law, and is the law. It is unacceptable that someone who has helped to write both documents fails to understand the relationship between the two documents. It is also unacceptable that someone who wields as much power and influence as Lyle does in his fifteen year tenure as both the Chair of the Planning Commission and until recently the Chair of the Zoning Board of Appeals fails to grasp this.
11. As the Chairman of the Planning Commission, at the public hearing on 12 May 2010, Lyle suppressed the free speech of my family when he refused to read our letters, which all touched on different aspects of the situation related to Doug Longenecker's Special Use Application. Research and time went into those letters. Every other letter received by the Township was read, but those. Contrary to his assurance that those letters would be "read into the record" that did not happen. There was no record to read them into. The minutes from that meeting were a joke, (handwritten and incomplete), especially when Lyle and Mr. Dreyer went to great lengths and a big deal to introduce a supposed court recorder who had been hired to take those minutes. There is no record of anything. This was an abuse of power.
12. Lyle and the Planning Commission cherry picked certain clauses in both the Hayes Township Master Plan and the Hayes Township Zoning Ordinance, pulling them out of context in order to justify and support the outcome they wanted, and failed to consider the Master Plan and Zoning Ordinance as a whole in considering Doug Longenecker's Application for Special Use and Site Plan. Lyle himself has maintained that like Bible verses, you cannot pull things out of context, yet that is just what Lyle and the Planning Commission did to justify the approval of the Special Use and Site Plan. He found the one point that supports the decision while ignoring the many other points that do not support the decision.
13. Lyle stated in the minutes of the Special meeting of the Hayes Township Planning Commission on 17 May 2010 that "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 meeting on 21 October 2009 was a Special Meeting according to the minutes of the meeting. I sat in the public library for several days poring over 3 years' worth of Clare County Cleaver newspaper archives and the only Planning Commission meetings that have been published in the Cleaver are the ones that have taken place this year since the Moto Mania issue came to light. No regular meetings have been announced in the Cleaver in the last 3 years. That particular meeting was not announced. "As always," if the general public wants to know when the Planning Commission meets, they have to call the Township offices to find out because notice is not published in the Cleaver, or on the Hayes Township website.
14. While Lyle maintains that "we did not change the zoning" on Mostetler Road, he is right. The process was not for a zoning change, but the effect of the resolution is the same as if they had changed the Zoning. After 22 years of experience, Lyle knows well how to effectively change the zoning without changing the zoning. He helped write the law, he knows how to get around the law.
Lyle's missteps as the Chair of the Planning Commission amount to incompetence, neglect, malfeasance abuse of power, hubris and misconduct while in office.
Lyle and the Planning Commission by their actions are the architects of the acrimony and ill will around Harrison.
Lyle and the Planning Commission have failed to protect the interests and property values of a whole group of taxpaying landowners who have invested years' worth of time, energy and life savings in their property. They are already taxed without representation, and pay more in taxes than year round residents. This abuse makes it worse.
Lyle's missteps as the Chair of the Planning Commission have already cost Hayes Township tens of thousands of dollars in legal fees to all sides of the Moto Mania Issue. Before this is over it will cost thousands more. How much more of Lyle's leadership can Hayes Township afford?
Lyle Criscuolo is more of a liability than an asset to Hayes Township. The Board of trustees should ask for his resignation or take the necessary steps to remove him from both the Planning Commission and the Zoning Board of Appeals.
Saturday, November 13, 2010
The Consequences (Or Lack Thereof) of Violating a Stay, Part 3
I realize that the events of the 9 Nov 2010 would seem to make this series moot, but it is useful in highlighting violations left unaddressed and the inaction on the part of Hayes Township with regard to the violations committed by Doug Longenecker.
There is very little in the Hayes Township Zoning Ordinance that addresses violations and penalties and consequences of violating the Ordinance and stays imposed by the Ordinance, and what there is consists of a lot of legalese and doublespeak. But I will try to muddle through this.
Today I will look at Pages 79-80, Article XVI Administration and Enforcement, Sections 1609-1612.
Page 79, Section 1609 Violations and Penalty, Paragraph 1. Violations: Use of land, buildings, structures and recreational vehicles in violation of any provision of this Ordinance are hereby declared to be a nuisance per se.
Doug Longenecker's violations of the Ordinance cited in the first two parts of this series of posts are, each individual occurrence, a nuisance per se. The ongoing development of the Gamble-Longenecker property on Mostetler Road was an ongoing nuisance per se by virtue of the fact that it violated the stay on the property that was put in place when the first appeal was filed to the Zoning Board of Appeals. The violation of the stay was a violation of a provision of the Ordinance. In addition to those violations, the Polaris WOTT event that was held on 30 Aug 2010 was a violation of the stay on the property and was declared so by Judge Mienk at the 20 Oct 2010 court date. The Polaris Event was a nuisance per se.
Page 79, Section 1609, Violations and Penalty, Paragraph 2. Penalties: "Any person, corporation or firm who violates, disobeys, omits, neglects or refuses to comply with any provisions of this Ordinance or any permit, license or exception granted hereunder, or any lawful order of the Township Zoning Administrator, Zoning Board of Appeals, Planning Commission or the Township Board issued in pursuance of this Ordinance shall be guilty of a misdemeanor."
Doug Longenecker has violated, disobeyed or refused to comply with the restrictions placed upon him by the Special Use granted to him by the Planning Commission by deviating from his site plan (setting aside and working on a BMX area) without prior approval of the Hayes Township Zoning Administrator (then Jim VanWormer). He is guilty of a misdemeanor.
Any person who worked on the BMX area on the Gamble-Longenecker property on Mostetler Road is also guilty of a misdemeanor under this section of the Hayes Township Zoning Ordinance.
Doug Longenecker has violated a provision of the Ordinance in that he violated the stay that went on the Gamble-Longenecker property when the first appeal was filed with the Zoning Board of Appeals. He continued to develop the Gamble-Longenecker property on Mostetler Road after the stay went on the property. He is guilty of a misdemeanor.
Any person who helped with the development of Michigan Moto Mania on the Gamble-Longenecker property on Mostetler Road (picking up sticks and rocks, running bulldozers and other such equipment, etc.) while the stay was in force is also guilty of a misdemeanor.
Doug Longenecker has violated the stay that was in force on the Gamble-Longenecker property when he scheduled and allowed the Polaris WOTT event on the property on 30 Aug 2010. He is guilty of a misdemeanor.
Polaris is a corporation that violated the stay that was in force on the Gamble-Longenecker property on Mostetler Road when they sponsored the Polaris WOTT event on the property on 30 Aug 2010. Polaris is guilty of a misdemeanor.
Planning Commission members Ron Malone and Don Atkinson have violated the stay that was in force on the Gamble-Longenecker property on Mostetler Road when they participated in the Polaris WOTT event on the property. They are guilty of a misdemeanor. (In my opinion, that is grounds for their removal from the Planning Commission as well. The violation was willful.)
Any individual who participated in the Polaris WOTT event violated the stay that was in force on the Gamble-Longenecker property on Mostetler Road when they participated in the event. They are guilty of a misdemeanor.
"Upon conviction thereof, before any court having jurisdiction , he or she shall be punishable by a fine not to exceed five hundred (500) dollars or by imprisonment not to exceed ninety (90) days, or both, at the discretion of the court."
Judge Mienk has already determined that the Polaris WOTT event was a violation of the stay that was in force on the Gamble-Longenecker property on Mostetler Road. It is fortunate for Doug, Polaris, Don Atkinson, Ron Malone and everyone else who participated that none of them were on trial for the misdemeanor they all committed. The Hayes Township coffers would be about $15,000. richer from that day alone.
As for the other violations, they could have been expensive for everyone who violated the stay as well. I guess it's a good thing that Hayes Township does not enforce violations of the Zoning Odinance, or everyone's wallet would be a whole lot lighter.
"Each day during which a violation continues shall be deemed a separate offense."
Wow! Wouldn't that be a hefty payday for Hayes Township at Doug's expense!
$500. for the deviation of the site plan.
$500. X (let's be stingy and say only a week of violations working on the BMX area.) 7 = $3500.
$500. X a single week of continued development during the stay = $3500.
$500. for Polaris WOTT event
That's just a drop in the bucket of what it could potentially be $8000. and probably more like $7500./week - and that's just Doug alone.
Shall I figure out the potential jail time? That's
90 days + 490 days +490 days +90 days = 1160 days, or just short of 3 years and 2 months.
It's a good thing Hayes Township is so forgiving.
"The imposition of any sentence shall not exempt and offender for noncompliance with the provisions of this Ordinance. The foregoing penalties shall (will) not prohibit the Township from seeking injunctive relief against a violator or such other appropriate relief as may be provided by law."
Pages 79-80, Section 1610 Public Nuisance Per Se: "Any material violation of this Ordinance is considered a public nuisance per se. Any building or structure which is erected, altered, or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter and in violation of any of the provisions of this chapter, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction."
Doug Longenecker's violations of the Ordinance cited in the first two parts of this series of posts are, each invidual occurrence, a nuisance per se. The ongoing development of the Gamble-Longenecker property on Mostetler Road was an ongoing nuisance per se by virtue of the fact that it violated the stay on the property that was put in place when the first appeal was filed to the Zoning Board of Appeals. The violation of the stay was a violation of a provision of the Ordinance. In addition to those violations, the Polaris event that was held on 30 Aug 2010 was a violation of the stay on the property and was declared so by Judge Mienk at the 20 Oct 2010 court date. The Polaris Event was a nuisance per se.
If the Township fails to take measures to deal with these nuisances per se, they can be dealt with in court. If I am not mistaken, Judge Mienk indicated that there were supposed to be consequences of the nuisances per se that have already taken place.
The Zoning Board Of Appeals has overturned the Special Use, but that is separate from the consequences attached to the nuisance per se infractions. Those have yet to be dealt with by the Township. There should be no chance of any resurrection of Michigan Moto Mania. If the Township does not take care of it, perhaps Judge Mienk will.
Section 1611 Fines and Imprisonment, Paragraph 1: "The owner of any building, structure or premises, or part thereof, where any condition in violation of this chapter shall exist or shall be created and who has assisted knowingly in the commission of such violation shall be guilty of a separate offense and, upon conviction, shall be liable to the fines and imprisonment as established by this Township Ordinance and enforced by the courts of law."
Don Atkinson and Ron Malone knowingly assisted Doug Longenecker in the commission of the violation of the stay on the Gamble-Longenecker property when they participated in the Polaris WOTT event. As a minimum, they are both guilty of misconduct while in office, and they deserve to be fired from the Planning Commission, but if this case is ultimately heard by Judge Mienk, they could be held liable to the fines and imprisonment as established by the Hayes Township Zoning Ordinance. That could potentially be either $500. or 90 days each.
Paragraph 2: "A separate offense shall be deemed committed upon each day during or when a violation occurs or continues."
The Polaris trucks were at the Gamble-Longenecker property on Mostetler Road for 2 days.
Section 1612 Rights and Remedies are Cumulative: "The rights and remedies provided in this article are cumulative and in addition to any other remedies provided by law."
I have no comment to add to this point.
Summary:
No one reading this seriously expects that Hayes Township will, all of a sudden, start enforcing their own ordinance for all of the violations committed by Doug Longenecker, the Moto Mania supporters who have participated in the violations or the various members of boards named or unnamed who have committed single or ongoing violations of the Zoning Ordinance. They have not done so up to this point, I have no reason to believe that they will start any time soon. For that, all of the offenders should be thankful. They are all in contempt of the Ordinance, and some of the violations have been blatant.
There are no real consequences for violating a stay in Hayes Township, and the Zoning Ordinance unenforced is not worth the paper it is printed on.
There is very little in the Hayes Township Zoning Ordinance that addresses violations and penalties and consequences of violating the Ordinance and stays imposed by the Ordinance, and what there is consists of a lot of legalese and doublespeak. But I will try to muddle through this.
Today I will look at Pages 79-80, Article XVI Administration and Enforcement, Sections 1609-1612.
Page 79, Section 1609 Violations and Penalty, Paragraph 1. Violations: Use of land, buildings, structures and recreational vehicles in violation of any provision of this Ordinance are hereby declared to be a nuisance per se.
Doug Longenecker's violations of the Ordinance cited in the first two parts of this series of posts are, each individual occurrence, a nuisance per se. The ongoing development of the Gamble-Longenecker property on Mostetler Road was an ongoing nuisance per se by virtue of the fact that it violated the stay on the property that was put in place when the first appeal was filed to the Zoning Board of Appeals. The violation of the stay was a violation of a provision of the Ordinance. In addition to those violations, the Polaris WOTT event that was held on 30 Aug 2010 was a violation of the stay on the property and was declared so by Judge Mienk at the 20 Oct 2010 court date. The Polaris Event was a nuisance per se.
Page 79, Section 1609, Violations and Penalty, Paragraph 2. Penalties: "Any person, corporation or firm who violates, disobeys, omits, neglects or refuses to comply with any provisions of this Ordinance or any permit, license or exception granted hereunder, or any lawful order of the Township Zoning Administrator, Zoning Board of Appeals, Planning Commission or the Township Board issued in pursuance of this Ordinance shall be guilty of a misdemeanor."
Doug Longenecker has violated, disobeyed or refused to comply with the restrictions placed upon him by the Special Use granted to him by the Planning Commission by deviating from his site plan (setting aside and working on a BMX area) without prior approval of the Hayes Township Zoning Administrator (then Jim VanWormer). He is guilty of a misdemeanor.
Any person who worked on the BMX area on the Gamble-Longenecker property on Mostetler Road is also guilty of a misdemeanor under this section of the Hayes Township Zoning Ordinance.
Doug Longenecker has violated a provision of the Ordinance in that he violated the stay that went on the Gamble-Longenecker property when the first appeal was filed with the Zoning Board of Appeals. He continued to develop the Gamble-Longenecker property on Mostetler Road after the stay went on the property. He is guilty of a misdemeanor.
Any person who helped with the development of Michigan Moto Mania on the Gamble-Longenecker property on Mostetler Road (picking up sticks and rocks, running bulldozers and other such equipment, etc.) while the stay was in force is also guilty of a misdemeanor.
Doug Longenecker has violated the stay that was in force on the Gamble-Longenecker property when he scheduled and allowed the Polaris WOTT event on the property on 30 Aug 2010. He is guilty of a misdemeanor.
Polaris is a corporation that violated the stay that was in force on the Gamble-Longenecker property on Mostetler Road when they sponsored the Polaris WOTT event on the property on 30 Aug 2010. Polaris is guilty of a misdemeanor.
Planning Commission members Ron Malone and Don Atkinson have violated the stay that was in force on the Gamble-Longenecker property on Mostetler Road when they participated in the Polaris WOTT event on the property. They are guilty of a misdemeanor. (In my opinion, that is grounds for their removal from the Planning Commission as well. The violation was willful.)
Any individual who participated in the Polaris WOTT event violated the stay that was in force on the Gamble-Longenecker property on Mostetler Road when they participated in the event. They are guilty of a misdemeanor.
"Upon conviction thereof, before any court having jurisdiction , he or she shall be punishable by a fine not to exceed five hundred (500) dollars or by imprisonment not to exceed ninety (90) days, or both, at the discretion of the court."
Judge Mienk has already determined that the Polaris WOTT event was a violation of the stay that was in force on the Gamble-Longenecker property on Mostetler Road. It is fortunate for Doug, Polaris, Don Atkinson, Ron Malone and everyone else who participated that none of them were on trial for the misdemeanor they all committed. The Hayes Township coffers would be about $15,000. richer from that day alone.
As for the other violations, they could have been expensive for everyone who violated the stay as well. I guess it's a good thing that Hayes Township does not enforce violations of the Zoning Odinance, or everyone's wallet would be a whole lot lighter.
"Each day during which a violation continues shall be deemed a separate offense."
Wow! Wouldn't that be a hefty payday for Hayes Township at Doug's expense!
$500. for the deviation of the site plan.
$500. X (let's be stingy and say only a week of violations working on the BMX area.) 7 = $3500.
$500. X a single week of continued development during the stay = $3500.
$500. for Polaris WOTT event
That's just a drop in the bucket of what it could potentially be $8000. and probably more like $7500./week - and that's just Doug alone.
Shall I figure out the potential jail time? That's
90 days + 490 days +490 days +90 days = 1160 days, or just short of 3 years and 2 months.
It's a good thing Hayes Township is so forgiving.
"The imposition of any sentence shall not exempt and offender for noncompliance with the provisions of this Ordinance. The foregoing penalties shall (will) not prohibit the Township from seeking injunctive relief against a violator or such other appropriate relief as may be provided by law."
Pages 79-80, Section 1610 Public Nuisance Per Se: "Any material violation of this Ordinance is considered a public nuisance per se. Any building or structure which is erected, altered, or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter and in violation of any of the provisions of this chapter, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction."
Doug Longenecker's violations of the Ordinance cited in the first two parts of this series of posts are, each invidual occurrence, a nuisance per se. The ongoing development of the Gamble-Longenecker property on Mostetler Road was an ongoing nuisance per se by virtue of the fact that it violated the stay on the property that was put in place when the first appeal was filed to the Zoning Board of Appeals. The violation of the stay was a violation of a provision of the Ordinance. In addition to those violations, the Polaris event that was held on 30 Aug 2010 was a violation of the stay on the property and was declared so by Judge Mienk at the 20 Oct 2010 court date. The Polaris Event was a nuisance per se.
If the Township fails to take measures to deal with these nuisances per se, they can be dealt with in court. If I am not mistaken, Judge Mienk indicated that there were supposed to be consequences of the nuisances per se that have already taken place.
The Zoning Board Of Appeals has overturned the Special Use, but that is separate from the consequences attached to the nuisance per se infractions. Those have yet to be dealt with by the Township. There should be no chance of any resurrection of Michigan Moto Mania. If the Township does not take care of it, perhaps Judge Mienk will.
Section 1611 Fines and Imprisonment, Paragraph 1: "The owner of any building, structure or premises, or part thereof, where any condition in violation of this chapter shall exist or shall be created and who has assisted knowingly in the commission of such violation shall be guilty of a separate offense and, upon conviction, shall be liable to the fines and imprisonment as established by this Township Ordinance and enforced by the courts of law."
Don Atkinson and Ron Malone knowingly assisted Doug Longenecker in the commission of the violation of the stay on the Gamble-Longenecker property when they participated in the Polaris WOTT event. As a minimum, they are both guilty of misconduct while in office, and they deserve to be fired from the Planning Commission, but if this case is ultimately heard by Judge Mienk, they could be held liable to the fines and imprisonment as established by the Hayes Township Zoning Ordinance. That could potentially be either $500. or 90 days each.
Paragraph 2: "A separate offense shall be deemed committed upon each day during or when a violation occurs or continues."
The Polaris trucks were at the Gamble-Longenecker property on Mostetler Road for 2 days.
Section 1612 Rights and Remedies are Cumulative: "The rights and remedies provided in this article are cumulative and in addition to any other remedies provided by law."
I have no comment to add to this point.
Summary:
No one reading this seriously expects that Hayes Township will, all of a sudden, start enforcing their own ordinance for all of the violations committed by Doug Longenecker, the Moto Mania supporters who have participated in the violations or the various members of boards named or unnamed who have committed single or ongoing violations of the Zoning Ordinance. They have not done so up to this point, I have no reason to believe that they will start any time soon. For that, all of the offenders should be thankful. They are all in contempt of the Ordinance, and some of the violations have been blatant.
There are no real consequences for violating a stay in Hayes Township, and the Zoning Ordinance unenforced is not worth the paper it is printed on.
What Happened Between the Lines - ZBA Special Meeting 9 Nov 2010
I was at the Hayes Township Zoning Board of Appeals Special Meeting on 9 Nov 2010.
When I arrived, Lyle was sitting in the middle of the head table as is his usual custom when he is prepared to hold court. Of course the neighbors complained to Township Attorney Dreyer about this. I had been to the Township offices last week to get an assurance from John Scherrer, the Township Supervisor that Lyle would not be chairing the upcoming Zoning Board of Appeals Special Meeting. John assured me that Lyle would not even be at the meeting because he was out of town. Imagine my surprise when I discovered that John was mistaken (I give John the benefit of the doubt), and Lyle sitting up front and in the middle like he owned the place.
I was not the only one who noticed, and at least one person complained to Attorney Dreyer about it. Mr. Dreyer spoke to Lyle. Lyle called the meeting to order, led the Pledge of Allegiance and then stepped down as Chairman of the Zoning Board of Appeals as required under the newly adopted amendment to sections 1501-1503 of the Hayes Township Zoning Ordinance. Lyle explained that he would be neither voting nor deliberating and that his role was as a source of information for members of the ZBA if asked.
Richard Vedder was nominated and elected to be the Chair, which is the first time in at least 22 years that the Zoning Board of Appeals has elected its own Chair. Lyle inherited the position of ZBA Chair when he was elected to be Chair of the Planning Commission 15 years ago. Why the Planning Commission was allowed to decide the Chair of another board gave me pause, but hey - chalk it up to just another of the shady ways Hayes Township conducts business.
So now Lyle was supposed to sit down and shut up for a change, just like the rest of us out there watching the proceedings.
Mr. Vedder turned the meeting over to Mr. Dreyer who explained that only the lawyers would talk on behalf of their clients who had filed appeals to the ZBA, and the Mostetler Road/Deer Lake neighbors' lawyers would speak first followed by Doug Longenecker's now 2 lawyers.
Then the deliberations began, and Joe Hale and Shirley Becker orchestrated Lyle's opportunity to insert himself into the deliberations by asking him open-ended questions, and Lyle proceeded to try to poison the well.
When Joe Hale asked him on what the Planning Commission based their decision, Lyle said that they based their decision on the "fact" that Michigan Moto Mania is a "resort." I have already refuted this allegation which has been trotted out once again, this time by Lyle.
I question the veracity of Lyle's statement.
When the decision was taken by the Planning Commission on 17 May 2010, in those four pages of minutes taken and in the statements given by the Planning Commission to justify their decision, the word "resort" was not mentioned so much as once. They were still referring to Michigan Moto Mania as a "park". The resort concept had not yet crossed their minds in May.
By the time the first use of the word came onto vogue - I am having a difficult time pinning down whether it was the Cleaver or Ms. Hoerauf who first used it - it was late July and Lyle was in Africa, and had been for weeks. In any event, Genine Hopkins and the Cleaver were all over it and Michigan Moto Mania was never again referred to as anything but a "resort". Lyle just jumped on the bandwagon once he got back and was clued in on the new phraseology used for selling it. But the "resort" concept was not the basis they used back in May to justify their decision. It's all (not) there in the minutes of the meeting.
After Lyle did his best to be the ZBA Whip to get the votes, in an astounding turn of events that restored my faith in people, two of the new appointees proved that they were not going to be bullied or browbeaten by Lyle, voted to uphold the Zoning Ordinance and overturned the Special Use.
I will admit that although I did not know any of the new appointees, I honestly thought it was highly likely that they were plants and the ZBA had been stacked to vote in Moto Mania's favor. I was wrong. And I apologize to Tom Vaughn, Nancy Austin and even John Aldrich (even though he voted the way I thought all 3 of them would), for thinking and believing that. And I daresay that I am not the only one on either side of the issue who thought that.
The meeting adjourned very shortly thereafter and the stunned crowd remained subdued as they shuffled out of the Civic Center.
What comes next?
I will lay that out in future posts, and even though this is a turning point, I am not finished with the series I am currently writing. This blog is not going away any time soon. The Hayes Township governing boards still bear watching, especially while the same cast of characters who brought us this fiasco are still occupying seats on boards.
Stay tuned.
When I arrived, Lyle was sitting in the middle of the head table as is his usual custom when he is prepared to hold court. Of course the neighbors complained to Township Attorney Dreyer about this. I had been to the Township offices last week to get an assurance from John Scherrer, the Township Supervisor that Lyle would not be chairing the upcoming Zoning Board of Appeals Special Meeting. John assured me that Lyle would not even be at the meeting because he was out of town. Imagine my surprise when I discovered that John was mistaken (I give John the benefit of the doubt), and Lyle sitting up front and in the middle like he owned the place.
I was not the only one who noticed, and at least one person complained to Attorney Dreyer about it. Mr. Dreyer spoke to Lyle. Lyle called the meeting to order, led the Pledge of Allegiance and then stepped down as Chairman of the Zoning Board of Appeals as required under the newly adopted amendment to sections 1501-1503 of the Hayes Township Zoning Ordinance. Lyle explained that he would be neither voting nor deliberating and that his role was as a source of information for members of the ZBA if asked.
Richard Vedder was nominated and elected to be the Chair, which is the first time in at least 22 years that the Zoning Board of Appeals has elected its own Chair. Lyle inherited the position of ZBA Chair when he was elected to be Chair of the Planning Commission 15 years ago. Why the Planning Commission was allowed to decide the Chair of another board gave me pause, but hey - chalk it up to just another of the shady ways Hayes Township conducts business.
So now Lyle was supposed to sit down and shut up for a change, just like the rest of us out there watching the proceedings.
Mr. Vedder turned the meeting over to Mr. Dreyer who explained that only the lawyers would talk on behalf of their clients who had filed appeals to the ZBA, and the Mostetler Road/Deer Lake neighbors' lawyers would speak first followed by Doug Longenecker's now 2 lawyers.
Then the deliberations began, and Joe Hale and Shirley Becker orchestrated Lyle's opportunity to insert himself into the deliberations by asking him open-ended questions, and Lyle proceeded to try to poison the well.
When Joe Hale asked him on what the Planning Commission based their decision, Lyle said that they based their decision on the "fact" that Michigan Moto Mania is a "resort." I have already refuted this allegation which has been trotted out once again, this time by Lyle.
I question the veracity of Lyle's statement.
When the decision was taken by the Planning Commission on 17 May 2010, in those four pages of minutes taken and in the statements given by the Planning Commission to justify their decision, the word "resort" was not mentioned so much as once. They were still referring to Michigan Moto Mania as a "park". The resort concept had not yet crossed their minds in May.
By the time the first use of the word came onto vogue - I am having a difficult time pinning down whether it was the Cleaver or Ms. Hoerauf who first used it - it was late July and Lyle was in Africa, and had been for weeks. In any event, Genine Hopkins and the Cleaver were all over it and Michigan Moto Mania was never again referred to as anything but a "resort". Lyle just jumped on the bandwagon once he got back and was clued in on the new phraseology used for selling it. But the "resort" concept was not the basis they used back in May to justify their decision. It's all (not) there in the minutes of the meeting.
After Lyle did his best to be the ZBA Whip to get the votes, in an astounding turn of events that restored my faith in people, two of the new appointees proved that they were not going to be bullied or browbeaten by Lyle, voted to uphold the Zoning Ordinance and overturned the Special Use.
I will admit that although I did not know any of the new appointees, I honestly thought it was highly likely that they were plants and the ZBA had been stacked to vote in Moto Mania's favor. I was wrong. And I apologize to Tom Vaughn, Nancy Austin and even John Aldrich (even though he voted the way I thought all 3 of them would), for thinking and believing that. And I daresay that I am not the only one on either side of the issue who thought that.
The meeting adjourned very shortly thereafter and the stunned crowd remained subdued as they shuffled out of the Civic Center.
What comes next?
I will lay that out in future posts, and even though this is a turning point, I am not finished with the series I am currently writing. This blog is not going away any time soon. The Hayes Township governing boards still bear watching, especially while the same cast of characters who brought us this fiasco are still occupying seats on boards.
Stay tuned.
Friday, November 12, 2010
It's Time For Lyle To Go, Part 1
Lyle Criscuolo is a liability to Hayes Township's governing boards.
Lyle embodies the Peter Principle. He has reached his level of incompetence and has remained there for the past 22 years.
Everyone who was at the Zoning Board of Appeals meeting on 16 Jun 2010, saw Lyle browbeat Bob Johnson and try to bully him into changing his vote to uphold the Special Use on the Gamble-Longenecker property on Mostetler Road. His heavy handedness is reserved for those on "his" boards who dissent from his view and opinion. Bob Hale, and Shirley Becker did not receive the same heavy-handed treatment by Lyle because they voted the way he wanted them to vote.
Although there were originally several "off the record" dissenting opinions on the planning Commission (and they know who they are) expressed to Mostetler Road and Deer Lake residents, not one of them had the backbone or moral courage to stand up to Lyle. Either that or they lied to our faces. What Hayes Township does not need is a bully running the Planning Commission and the Zoning Board of Appeals.
Thankfully, he was removed from the Zoning Board of Appeals as the chair, but it took an amendment of the Zoning Ordinance to make that happen. That should have minimized Lyle's influence, but he jumped on the first opportunity provided by Bob Hale and Shirley Becker who were only too happy to accommodate him, to insert himself into the deliberation process on the Zoning Board of Appeals at the 9 Nov 2010 meeting. He became argumentative when Bob Johnson disagreed with him, insisting that "we did not change the zoning," when effectively that really is what was achieved by the Planning Commission's decision. That's what Bob Johnson was pointing out. Fortunately, the Zoning Board of Appeals has a few new members and some people who don't fall into line when Lyle starts to bully them. A few independent thinkers who are not members of the Good Ol' Boys' Club.
The bottom line is Lyle is an appointee and nobody elected him to be the king of Hayes Township. As an unelected appointee, he has overstepped his bounds and abused his authority. (More about his abuses of authority in Part 2.) His continued presence as a member of the Zoning Board of Appeals and as Chair of the Planning Commission are detrimental to Hayes Township. He should be asked to resign, and if he refuses to resign, official steps should be taken to remove him from all boards in Hayes Township. He has mucked about long enough and created enough havoc that we will spend years dealing with the fallout left in his wake.
Lyle embodies the Peter Principle. He has reached his level of incompetence and has remained there for the past 22 years.
By his own admission, he was appointed to the Planning Commission in 1988 and sometime around 1993 he was elected by the planning Commission to be the chair. He has chaired the Planning Commission for some 15 years.
I understand that one member of the Planning Commission must also be on the Zoning Board of Appeals, but why Lyle? And why was he elected by the Planning Commission to Chair the ZBA too? (You're kidding me, right? One board gets to decide who is going to be the chair of another board? Because that's not a recipe for problems down the road, as Hayes Township is finding out. It didn't occur to them more than 15 years ago? Lyle isn't the first dual chair.) The answer to that question is complacency on the part of the Township Board of Trustees, the Planning Commission and the ZBA, and the desire on all three boards to maintain the status quo and a Good Ol' Boys' Club.
Lyle’s Predecessor as Chair of the Planning Commission was also the Planning Commission member on the ZBA. Instead of electing a new Chair of the ZBA when the old one resigned, when Lyle was elected to be Chair of the Planning Commission, he inherited the Chairmanship of the ZBA as well. Nobody on the ZBA elected him to be their Chair. Because he was not inclined to leave the position, Lyle remained the chair of both boards for the past fifteen years. Lyle himself does not even know when his current term is up because, as he has said, after the first time, every three years they just automatically renew it. (Again, you're kidding me, right?)
That's it. No periodic elections or reelections. He just hasn't been inclined to step down, and nobody has ever questioned it. That's the way we've always done it. The way we've always done it does not make it right, and most times it's the path of least resistance.
What gave Lyle the right to be the Chair of two township boards for fifteen years? In that fifteen years’ time, Lyle poised himself to be the power in Hayes Township. It is too much power concentrated in one man. Not even the Township Supervisor has that much power, and since he's elected, he has to run again for his office every 4 years. The voters in Hayes Township elected the Board of Trustees to have the power in the Township, not an appointee, and not for 22 years. Lyle has become the Whip on both the Planning Commission and Zoning Board of Appeals. And like the Whip in national politics, he gets the votes for his desired outcome. He runs Hayes Township, not the Board of Trustees.
Although there were originally several "off the record" dissenting opinions on the planning Commission (and they know who they are) expressed to Mostetler Road and Deer Lake residents, not one of them had the backbone or moral courage to stand up to Lyle. Either that or they lied to our faces. What Hayes Township does not need is a bully running the Planning Commission and the Zoning Board of Appeals.
Thankfully, he was removed from the Zoning Board of Appeals as the chair, but it took an amendment of the Zoning Ordinance to make that happen. That should have minimized Lyle's influence, but he jumped on the first opportunity provided by Bob Hale and Shirley Becker who were only too happy to accommodate him, to insert himself into the deliberation process on the Zoning Board of Appeals at the 9 Nov 2010 meeting. He became argumentative when Bob Johnson disagreed with him, insisting that "we did not change the zoning," when effectively that really is what was achieved by the Planning Commission's decision. That's what Bob Johnson was pointing out. Fortunately, the Zoning Board of Appeals has a few new members and some people who don't fall into line when Lyle starts to bully them. A few independent thinkers who are not members of the Good Ol' Boys' Club.
The bottom line is Lyle is an appointee and nobody elected him to be the king of Hayes Township. As an unelected appointee, he has overstepped his bounds and abused his authority. (More about his abuses of authority in Part 2.) His continued presence as a member of the Zoning Board of Appeals and as Chair of the Planning Commission are detrimental to Hayes Township. He should be asked to resign, and if he refuses to resign, official steps should be taken to remove him from all boards in Hayes Township. He has mucked about long enough and created enough havoc that we will spend years dealing with the fallout left in his wake.
Tuesday, November 9, 2010
A Response From Lisa Stager, the New Hayes Township Zoning Administrator
I had the opportunity to meet Lisa Stager today while I was at the Hayes Township Business office. She has been reading the Hayes Township Watchdog Blog and she had a response to something I recently posted.
Here is her response:
Anyone having information regarding an apparent or alleged zoning violation should notify the Zoning Administrator to investigate as to compliance (or non-compliance) with the Zoning Ordinance and/or provisions contained therein. I will investigate an alleged violation (building without a zoning permit). Although setting posts does not constitute "building" in this case or any. Yes, under the definition of "structure" a pole set into the ground could technically qualify, this is where discretion must be applied however, and the property owner's intent determined. I will contact the property owner as to your allegation and if a pole building is the intention of the set poles, then the property owner/builder will need a zoning permit as required under Section 1606 as well as requirements for accessory buildings under Section 1402.
Please keep in mind that if the building is associated with an approved special land use I will closely examine any special provisions, stipulations and/or conditions consistent with the special land use permit (site plan) in regard to such a building being incidental to the special land use. As you may be aware, at this point I am not yet familiar with the specifics of this case, and since those "specifics" are more than likely subject to change by order of either the ZBA or the Circuit Court Judge, I would prefer to wait until the case is determined and the "specifics" are clearly defined and written. And yes, the zoning compliance permit fee is doubled if work that requires such a permit has been done prior to application and approval by the Administrator.
I have extensive experience in zoning enforcement and have revoked more than one zoning permit for either non-compliance or misrepresentation of information submitted. As to your concerns "which makes me wonder if our new Zoning Administrator will be able to stand up to the people who have the power to fire her in order to do what is right," posted by Klasko Sunday, November 7, 2010, I can and will take care of what is my business to take care of. And because you do not know me, and in light of recent events, [understandably] you do have reason to question the integrity and the degree of professionalism on behalf of your local officials, I do not promise I won't make a minor mistake or two, but I will always stand up for what I believe and will not apologize for doing my job to the best of my ability.
"'Powers that Be' at the Township are not interested in enforcing the Zoning Ordinance when it conflicts with what they want to do," posted by Klasko Sunday, November 7, 2010
Of course you may have guessed by now that this statement is contrary to the views I have expressed about my profession. Especially since zoning enforcement is the actual job description for the Zoning Administrator. At the end of the day, what I "want to do" is to just simply complete a day of working at this job in such a manner as to not lose sleep over it. (Period.) If that ever ceases to be the case, nobody will fire me because I would quit! No job is worth compromising one's integrity for the sake of anyone's agenda.
Sincerely,
Lisa Stager
(The new) Hayes Township Zoning Administrator
Here is her response:
Anyone having information regarding an apparent or alleged zoning violation should notify the Zoning Administrator to investigate as to compliance (or non-compliance) with the Zoning Ordinance and/or provisions contained therein. I will investigate an alleged violation (building without a zoning permit). Although setting posts does not constitute "building" in this case or any. Yes, under the definition of "structure" a pole set into the ground could technically qualify, this is where discretion must be applied however, and the property owner's intent determined. I will contact the property owner as to your allegation and if a pole building is the intention of the set poles, then the property owner/builder will need a zoning permit as required under Section 1606 as well as requirements for accessory buildings under Section 1402.
Please keep in mind that if the building is associated with an approved special land use I will closely examine any special provisions, stipulations and/or conditions consistent with the special land use permit (site plan) in regard to such a building being incidental to the special land use. As you may be aware, at this point I am not yet familiar with the specifics of this case, and since those "specifics" are more than likely subject to change by order of either the ZBA or the Circuit Court Judge, I would prefer to wait until the case is determined and the "specifics" are clearly defined and written. And yes, the zoning compliance permit fee is doubled if work that requires such a permit has been done prior to application and approval by the Administrator.
I have extensive experience in zoning enforcement and have revoked more than one zoning permit for either non-compliance or misrepresentation of information submitted. As to your concerns "which makes me wonder if our new Zoning Administrator will be able to stand up to the people who have the power to fire her in order to do what is right," posted by Klasko Sunday, November 7, 2010, I can and will take care of what is my business to take care of. And because you do not know me, and in light of recent events, [understandably] you do have reason to question the integrity and the degree of professionalism on behalf of your local officials, I do not promise I won't make a minor mistake or two, but I will always stand up for what I believe and will not apologize for doing my job to the best of my ability.
"'Powers that Be' at the Township are not interested in enforcing the Zoning Ordinance when it conflicts with what they want to do," posted by Klasko Sunday, November 7, 2010
Of course you may have guessed by now that this statement is contrary to the views I have expressed about my profession. Especially since zoning enforcement is the actual job description for the Zoning Administrator. At the end of the day, what I "want to do" is to just simply complete a day of working at this job in such a manner as to not lose sleep over it. (Period.) If that ever ceases to be the case, nobody will fire me because I would quit! No job is worth compromising one's integrity for the sake of anyone's agenda.
Sincerely,
Lisa Stager
(The new) Hayes Township Zoning Administrator
Zoning Board Of Appeals Meeting 9 Nov 2010 - Decision
In a 4-3 vote, the Hayes township Zoning Board Of Appeals has vacated the Special Use on the Gamble-Longenecker property on Mostetler Road.
There was a motion to vote to uphold the Special Use, which was seconded.
The vote to uphold went as follows:
John Aldridge - Yes
Joe Hale - Yes
Bob Johnson - No
Shirley Becker - Yes
Richard Vedder - No
Nancy Austin - No
Tom Vaughn - No
The results of this vote required a second vote. A motion was made to vote to overturn the Special Use, which was seconded.
The vote to overturn went as follows:
John Aldridge - No
Joe Hale - No
Bob Johnson - Yes
Shirley Becker - No
Richard Vedder - Yes
Nancy Austin - Yes
Tom Vaughn - Yes
The motion carried.
There was a motion to vote to uphold the Special Use, which was seconded.
The vote to uphold went as follows:
John Aldridge - Yes
Joe Hale - Yes
Bob Johnson - No
Shirley Becker - Yes
Richard Vedder - No
Nancy Austin - No
Tom Vaughn - No
The results of this vote required a second vote. A motion was made to vote to overturn the Special Use, which was seconded.
The vote to overturn went as follows:
John Aldridge - No
Joe Hale - No
Bob Johnson - Yes
Shirley Becker - No
Richard Vedder - Yes
Nancy Austin - Yes
Tom Vaughn - Yes
The motion carried.
Monday, November 8, 2010
The Consequences (Or Lack Thereof) Of Violating a Stay, Part 2
There is very little in the Hayes Township Zoning Ordinance that addresses violations and penalties and consequences of violating the Ordinance and stays imposed by the Ordinance, and what there is consists of a lot of legalese and doublespeak. But I will try to muddle through this.
Today I will write about Zoning Compliance Permits, because according to the minutes of the Hayes Township Planning Commission on 17 May 2010, Page 2, "The special exception use includes the right to construct one building for concession sales."
Also, in another deviation from the approved site plan, Doug has set poles for a pole barn on the Gamble-Longenecker property on Mostetler Road.
He has not begun work on the approved building, for which he still needs a building permit and all the appropriate permits from Clare County, but also a Zoning Compliance Permit, which he has not, to date obtained for either his approved building or his pole barn.
I will go over what is applicable in the Hayes Township Zoning Ordinance since a violation of the stay and a deviation from the approved site plan has occurred. Yesterday I discussed the deviation of the approved site plan. That applies to the pole barn which is a deviation from the approved site plan. It is also a structure, so Sections 1605 and 1606 apply. (Page 77, Hayes Township Zoning Ordinance).
Page 77, Section 1606 Zoning Compliance Permits, Paragraph 1. Purpose, a. "No building or structure of any kind shall be erected or occupied, in whole or in part, until the owner or occupant has applied for and obtained a Zoning Compliance Permit from the Zoning Administrator."
Poles for a pole barn have been set on the Gamble-Longenecker property since on or about 7 Aug 2010. A pole barn is a structure, and those poles are a pole barn partially erected. Doug Longenecker never obtained a Zoning Compliance Permit from Jim VanWormer (the Zoning Administrator at the time).
c. "The Zoning Administrator may revoke or cancel a Zoning Compliance Permit in the case of failure or neglect to comply with any of the provisions of this Ordinance, or in case of any false statement or misrepresentation made in the application. The owner, or his agent, shall be notified of such revocation in writing."
It really is too bad that this paragraph is not attached under Sections 1501 and 1602 regarding Applications for Special Use and Site Plans. But this paragraph specifically deals with Zoning Compliance Permits.
There are so many instances of Doug Longenecker failing to comply with many of the provisions of this Ordinance that in my humble opinion would constitute grounds for revoking or canceling Mr. Longenecker's Special Use.
Since Doug has not applied for any building permits for either the building allowed on the site plan which he has not begun building or the pole barn he has begun building, there is no Zoning Compliance Permit to revoke.
d. "If work has been started without a Zoning [Compliance?] Permit from the Township Zoning Administrator, he or she will be allowed up to ten (10) workdays to investigate and determine if a permit is allowed."
This paragraph is poorly worded. I'm sure what is meant here is Zoning Compliance Permit. The Ordinance as it is currently written is inconsistent where boards and permits are referenced. Whenever this Ordinance is updated and/or revised, every effort should be made to be consistent in referring to permits and boards.
Doug Longenecker started work on his pole barn without a Zoning Permit from Jim VanWormer.
As I read the second part of this paragraph, Jim VanWormer should have been allowed ten (10) workdays to investigate and determine if a [Zoning Compliance?] permit is allowed. Once again, I assume that It is a Zoning Compliance Permit being referred to here. So Jim VanWormer should have investigated to see if a Zoning Compliance permit was "allowed" or "required"? I think required.
In Doug Longenecker's case, he should have submitted a formal request to the Planning Commission to deviate from his proffered and approved site plan. And if that had been approved, he should have been required to obtain a Zoning Compliance Permit in order to erect a pole barn.
e. "Failure to obtain a permit would double the fee."
If Doug Longenecker ever gets approval for a pole barn on the Gamble-Longenecker property on Mostetler Road, the fee should be doubled, because he began work on it without obtaining a Zoning Compliance Permit.
He should still be required to obtain Zoning Compliance Permit from Hayes Township, and whatever other permits are required by Clare County before he is allowed to erect the building approved in his Special Use.
He should also be required to comply to the letter with all the requirements laid out in Section 1606, Paragraph 2 of the Hayes Township Zoning Ordinance.
Section 1606 refers specifically to buildings, Building Permits and Zoning Compliance Permits, not Special Use Permits, Site Plans or stays.
Today I will write about Zoning Compliance Permits, because according to the minutes of the Hayes Township Planning Commission on 17 May 2010, Page 2, "The special exception use includes the right to construct one building for concession sales."
Also, in another deviation from the approved site plan, Doug has set poles for a pole barn on the Gamble-Longenecker property on Mostetler Road.
He has not begun work on the approved building, for which he still needs a building permit and all the appropriate permits from Clare County, but also a Zoning Compliance Permit, which he has not, to date obtained for either his approved building or his pole barn.
I will go over what is applicable in the Hayes Township Zoning Ordinance since a violation of the stay and a deviation from the approved site plan has occurred. Yesterday I discussed the deviation of the approved site plan. That applies to the pole barn which is a deviation from the approved site plan. It is also a structure, so Sections 1605 and 1606 apply. (Page 77, Hayes Township Zoning Ordinance).
Page 77, Section 1606 Zoning Compliance Permits, Paragraph 1. Purpose, a. "No building or structure of any kind shall be erected or occupied, in whole or in part, until the owner or occupant has applied for and obtained a Zoning Compliance Permit from the Zoning Administrator."
Poles for a pole barn have been set on the Gamble-Longenecker property since on or about 7 Aug 2010. A pole barn is a structure, and those poles are a pole barn partially erected. Doug Longenecker never obtained a Zoning Compliance Permit from Jim VanWormer (the Zoning Administrator at the time).
c. "The Zoning Administrator may revoke or cancel a Zoning Compliance Permit in the case of failure or neglect to comply with any of the provisions of this Ordinance, or in case of any false statement or misrepresentation made in the application. The owner, or his agent, shall be notified of such revocation in writing."
It really is too bad that this paragraph is not attached under Sections 1501 and 1602 regarding Applications for Special Use and Site Plans. But this paragraph specifically deals with Zoning Compliance Permits.
There are so many instances of Doug Longenecker failing to comply with many of the provisions of this Ordinance that in my humble opinion would constitute grounds for revoking or canceling Mr. Longenecker's Special Use.
Since Doug has not applied for any building permits for either the building allowed on the site plan which he has not begun building or the pole barn he has begun building, there is no Zoning Compliance Permit to revoke.
d. "If work has been started without a Zoning [Compliance?] Permit from the Township Zoning Administrator, he or she will be allowed up to ten (10) workdays to investigate and determine if a permit is allowed."
This paragraph is poorly worded. I'm sure what is meant here is Zoning Compliance Permit. The Ordinance as it is currently written is inconsistent where boards and permits are referenced. Whenever this Ordinance is updated and/or revised, every effort should be made to be consistent in referring to permits and boards.
Doug Longenecker started work on his pole barn without a Zoning Permit from Jim VanWormer.
As I read the second part of this paragraph, Jim VanWormer should have been allowed ten (10) workdays to investigate and determine if a [Zoning Compliance?] permit is allowed. Once again, I assume that It is a Zoning Compliance Permit being referred to here. So Jim VanWormer should have investigated to see if a Zoning Compliance permit was "allowed" or "required"? I think required.
In Doug Longenecker's case, he should have submitted a formal request to the Planning Commission to deviate from his proffered and approved site plan. And if that had been approved, he should have been required to obtain a Zoning Compliance Permit in order to erect a pole barn.
e. "Failure to obtain a permit would double the fee."
If Doug Longenecker ever gets approval for a pole barn on the Gamble-Longenecker property on Mostetler Road, the fee should be doubled, because he began work on it without obtaining a Zoning Compliance Permit.
He should still be required to obtain Zoning Compliance Permit from Hayes Township, and whatever other permits are required by Clare County before he is allowed to erect the building approved in his Special Use.
He should also be required to comply to the letter with all the requirements laid out in Section 1606, Paragraph 2 of the Hayes Township Zoning Ordinance.
Section 1606 refers specifically to buildings, Building Permits and Zoning Compliance Permits, not Special Use Permits, Site Plans or stays.
Sunday, November 7, 2010
The Consequences (Or Lack Thereof) of Violating a Stay, Part 1
There is very little in the Hayes Township Zoning Ordinance that addresses violations and penalties and consequences of violating the Ordinance and stays imposed by the Ordinance, and what there is consists of a lot of legalese and doublespeak. But I will try to muddle through this.
Page 75 - Section 1603 Site Plan Review, Paragraph 5 Revocation: "If the Zoning Administrator shall find that the conditions and stipulations of an approved site plan are not being adhered to, the Planning Commission shall give notice to the applicant of its intent to revoke the prior approval given to the site plan. Intent to revoke shall be made known to the applicant by a registered letter sent to the applicant and signed by the Chairman of the Planning Commission. Said letter shall be received by the applicant fourteen (14) days prior to the stated date of revocation and shall contain the reasons for revoking the site plan approval.
If the applicant notifies the Planning Commission within fourteen (14) days of the receipt of the letter of his/her intent to rectify the violation, the Planning Commission , through official act, may defer the revocation."
One of the restrictions of the Special Use granted by the Planning Commission was: "There will be no substitutions or alterations to any of the conditions set before this board (the Hayes Township Planning Commission) without prior approval of the Township Zoning Administrator." - Page 4 of the minutes of the 17 May 2010 Planning Commission Special Meeting.
The BMX area set aside over the summer was a violation of restrictions of the Special Use (It was an alteration to the site plan approved by the Planning Commission at the 17 May 2010 meeting) and also a violation of the stay that was on the property because of the appeal to the Zoning Board of Appeals.
At the time, Zoning Administrator Jim VanWormer apparently did not find that the conditions and stipulations of the approved site plan were not being adhered to, for whatever reason. (Maybe he was worried about losing his job if he made a finding that was not in keeping with what the Planning Commission and the Township Board of Trustees wanted - which makes me wonder if our new Zoning Administrator will be able to stand up to the people who have the power to fire her in order to do what is right.) But he had sufficient grounds.
He should have notified Lyle Criscuolo, Chairman of the Planning Commission who should have sent a registered letter to Doug Longenecker of his intent to revoke the prior approval of the Special Use on the Gamble-Longenecker property on Mostetler Road. Then Doug should have had fourteen (14) days to stop work on the BMX area.
As far as anyone knows, Jim VanWormer never made the finding, and Lyle never wrote such a letter to Doug Longenecker. It is well known among the neighbors that Lyle and the rest of the "Powers that Be" at the Township are not interested in enforcing the Zoning Ordinance when it conflicts with what they want to do.
Here's how it should have worked:
1. As soon as Jim VanWormer found out that Doug had set aside an area for BMX (when they crowed about it in the Cleaver or when a neighbor complained), he checks the restrictions on the Special Use and determines that Doug deviated from the approved site plan. And also notes that Doug has violated the stay on the property - in fact, all work and development that went on after the appeal was filed was a violation of the stay.
2. Jim VanWormer tells Lyle about the deviation and about the violation of the stay.
3. Lyle writes a letter of intent to revoke the Special Use for an unapproved deviation from the approved site plan, and also a violation of the stay. He also sets a date of revocation for 14 days after Doug's receipt of the letter.
4. Lyle then sends the letter to Doug via registered mail (which provides proof and date of receipt by Doug.)
5. Doug has 14 days from receipt of Lyle's letter to answer Lyle and state his intent to rectify the situation.
a. If it were only the deviation from the approved site plan, Doug begins the process of gaining approval for the deviation of the site plan.
Then goes through that entire process.
b. Since there was also a stay on the property, Doug should have ceased and desisted from further development of everything on the property, not just the BMX area until the Zoning Board of Appeals takes a decision about the special use.
6. The Planning Commission meets and through official act, defers the revocation.
7. So Doug is in a waiting position until he gets the go ahead (if that's what the ZBA decides.)
8. If the ZBA decides to uphold the special use, then Doug does step 5a, and can continue to develop other areas of the property according to the restrictions of the special use.
9. Once step 5a is complete, if the deviation is approved, he continues work on the BMX area. If the deviation is disapproved, he stops work on the BMX area, but can continue development on the rest of the property according to the restrictions of the special use.
OR
8. If the ZBA does not uphold the special use, he ceases to develop the property.
The consequence in this case is and should have been Revocation of the Special Use.
It should also be made clear that this paragraph addresses site plans specifically and not Special Uses and not stays.
There is another place in the Hayes Township Zoning Ordinance where this is addressed, so I will write about that in another post.
Page 75 - Section 1603 Site Plan Review, Paragraph 5 Revocation: "If the Zoning Administrator shall find that the conditions and stipulations of an approved site plan are not being adhered to, the Planning Commission shall give notice to the applicant of its intent to revoke the prior approval given to the site plan. Intent to revoke shall be made known to the applicant by a registered letter sent to the applicant and signed by the Chairman of the Planning Commission. Said letter shall be received by the applicant fourteen (14) days prior to the stated date of revocation and shall contain the reasons for revoking the site plan approval.
If the applicant notifies the Planning Commission within fourteen (14) days of the receipt of the letter of his/her intent to rectify the violation, the Planning Commission , through official act, may defer the revocation."
One of the restrictions of the Special Use granted by the Planning Commission was: "There will be no substitutions or alterations to any of the conditions set before this board (the Hayes Township Planning Commission) without prior approval of the Township Zoning Administrator." - Page 4 of the minutes of the 17 May 2010 Planning Commission Special Meeting.
The BMX area set aside over the summer was a violation of restrictions of the Special Use (It was an alteration to the site plan approved by the Planning Commission at the 17 May 2010 meeting) and also a violation of the stay that was on the property because of the appeal to the Zoning Board of Appeals.
At the time, Zoning Administrator Jim VanWormer apparently did not find that the conditions and stipulations of the approved site plan were not being adhered to, for whatever reason. (Maybe he was worried about losing his job if he made a finding that was not in keeping with what the Planning Commission and the Township Board of Trustees wanted - which makes me wonder if our new Zoning Administrator will be able to stand up to the people who have the power to fire her in order to do what is right.) But he had sufficient grounds.
He should have notified Lyle Criscuolo, Chairman of the Planning Commission who should have sent a registered letter to Doug Longenecker of his intent to revoke the prior approval of the Special Use on the Gamble-Longenecker property on Mostetler Road. Then Doug should have had fourteen (14) days to stop work on the BMX area.
As far as anyone knows, Jim VanWormer never made the finding, and Lyle never wrote such a letter to Doug Longenecker. It is well known among the neighbors that Lyle and the rest of the "Powers that Be" at the Township are not interested in enforcing the Zoning Ordinance when it conflicts with what they want to do.
Here's how it should have worked:
1. As soon as Jim VanWormer found out that Doug had set aside an area for BMX (when they crowed about it in the Cleaver or when a neighbor complained), he checks the restrictions on the Special Use and determines that Doug deviated from the approved site plan. And also notes that Doug has violated the stay on the property - in fact, all work and development that went on after the appeal was filed was a violation of the stay.
2. Jim VanWormer tells Lyle about the deviation and about the violation of the stay.
3. Lyle writes a letter of intent to revoke the Special Use for an unapproved deviation from the approved site plan, and also a violation of the stay. He also sets a date of revocation for 14 days after Doug's receipt of the letter.
4. Lyle then sends the letter to Doug via registered mail (which provides proof and date of receipt by Doug.)
5. Doug has 14 days from receipt of Lyle's letter to answer Lyle and state his intent to rectify the situation.
a. If it were only the deviation from the approved site plan, Doug begins the process of gaining approval for the deviation of the site plan.
Then goes through that entire process.
b. Since there was also a stay on the property, Doug should have ceased and desisted from further development of everything on the property, not just the BMX area until the Zoning Board of Appeals takes a decision about the special use.
6. The Planning Commission meets and through official act, defers the revocation.
7. So Doug is in a waiting position until he gets the go ahead (if that's what the ZBA decides.)
8. If the ZBA decides to uphold the special use, then Doug does step 5a, and can continue to develop other areas of the property according to the restrictions of the special use.
9. Once step 5a is complete, if the deviation is approved, he continues work on the BMX area. If the deviation is disapproved, he stops work on the BMX area, but can continue development on the rest of the property according to the restrictions of the special use.
OR
8. If the ZBA does not uphold the special use, he ceases to develop the property.
The consequence in this case is and should have been Revocation of the Special Use.
It should also be made clear that this paragraph addresses site plans specifically and not Special Uses and not stays.
There is another place in the Hayes Township Zoning Ordinance where this is addressed, so I will write about that in another post.
Thursday, November 4, 2010
Bait Updated
Here is an update of yesterday's post:
In a conciliatory effort to give Robin the benefit of the doubt, I will quote her new caption from what I called the "Bait" photo. It is a retraction of sorts.
"Sorry... Accidently posted this picture. This is actually from an apple orchard. We took this picture for planning purposes. We hope to have play areas for the kids similiar to this. Simply a posting mistake. This is not at MMM. Thanks for notifying us Klasko...keep checking next we will be playing" Wheres Klasko" for a fun prize ;),"
Sure Robin. You're quite welcome. You can count on me keep you guys honest. Keep looking for Klasko. You never know where she'll turn up! ;-)
Yesterday's Post:
There are some new photos on the Michigan Moto Mania facebook page entitled Summer 2010.
In that pile of photos that are a photographic chronicle of the violations of the stay that have occurred all summer long is at least one piece of bait.
No doubt Robin was hoping the neighbors would go to their lawyers with the new photos, and use that particular photo as proof of the violation of the stay. She'd like that.
Then Doug and Robin can accuse the neighbors of "fabricating" evidence that they had violated the stay, hoping to cast doubt on anything brought forward by the neighbors. They'd love to catch the neighbors in a "gotcha." And then that photo will disappear from the Moto Mania facebook page.
What other motive could Doug and Robin possibly have? Are they advertising (falsely) facilities for their fans that really don't exist at Moto Mania?
I don't know where the facility in the bait photo is, but I can assure you that it is not on the Gamble-Longenecker property on Mostetler Road. Among the many other problems with the photo is this: Mostetler Road is a dirt road. The road in the foreground is paved. I guess they think we are that stupid. But maybe the fans are dumb enough to believe it.
But the real Moto Mania photos are just more evidence that Doug has no respect for the Hayes Township Zoning Ordinance.
Why publish them now, before the Zoning Board of Appeals meets to vote? Does Doug already know that the Zoning Board of Appeals is going to uphold the Special Use? Or is it just plain hubris?
In a conciliatory effort to give Robin the benefit of the doubt, I will quote her new caption from what I called the "Bait" photo. It is a retraction of sorts.
"Sorry... Accidently posted this picture. This is actually from an apple orchard. We took this picture for planning purposes. We hope to have play areas for the kids similiar to this. Simply a posting mistake. This is not at MMM. Thanks for notifying us Klasko...keep checking next we will be playing" Wheres Klasko" for a fun prize ;),"
Sure Robin. You're quite welcome. You can count on me keep you guys honest. Keep looking for Klasko. You never know where she'll turn up! ;-)
Yesterday's Post:
There are some new photos on the Michigan Moto Mania facebook page entitled Summer 2010.
In that pile of photos that are a photographic chronicle of the violations of the stay that have occurred all summer long is at least one piece of bait.
No doubt Robin was hoping the neighbors would go to their lawyers with the new photos, and use that particular photo as proof of the violation of the stay. She'd like that.
Then Doug and Robin can accuse the neighbors of "fabricating" evidence that they had violated the stay, hoping to cast doubt on anything brought forward by the neighbors. They'd love to catch the neighbors in a "gotcha." And then that photo will disappear from the Moto Mania facebook page.
What other motive could Doug and Robin possibly have? Are they advertising (falsely) facilities for their fans that really don't exist at Moto Mania?
I don't know where the facility in the bait photo is, but I can assure you that it is not on the Gamble-Longenecker property on Mostetler Road. Among the many other problems with the photo is this: Mostetler Road is a dirt road. The road in the foreground is paved. I guess they think we are that stupid. But maybe the fans are dumb enough to believe it.
But the real Moto Mania photos are just more evidence that Doug has no respect for the Hayes Township Zoning Ordinance.
Why publish them now, before the Zoning Board of Appeals meets to vote? Does Doug already know that the Zoning Board of Appeals is going to uphold the Special Use? Or is it just plain hubris?
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