Letters Suppressed by Lyle, Letter #7 - Ordinance Violations

As I have already mentioned, every letter that was written to the Hayes Township Planning Commission prior to the public hearing on 12 May 2010 was read except a handful of letters that Lyle refused to read.  In his refusal to read those letters, he suppressed the free speech of those who wrote the letters.  They were all written by me or members of my family.  They were all written on different topics related Michigan Moto Mania and the decision that was set before the Planning Commission at the time.  Since they were not read at the public hearing, I have decided to reproduce them here.

If there is any information to update, I will write it after the letter.

This letter deals with the points of the Hayes Township Zoning Ordinance violated By Doug Longenecker in submitting his Application for a Special Use on the Gamble Property.

Hayes Township Planning Commission

C/O Hayes Township Clerk

P.O. Box 310

Harrison, MI 48625

Ignorance of the law is no excuse for breaking it. 

1.  On Doug Longenecker’s Application For Special Land Use, dated 15 Oct 2009, There is a section on the form that says, “Briefly describe the proposed land use and attach a written narrative addressing the ‘standards of approval’ pursuant to Section 1603, 3 a-e of the Township Zoning Ordinance.” 

In order to properly fill out this form, the applicant must first read section 1603, 3 a-e of the ordinance.  Any applicant who claims, as Doug Longenecker did in an interview with the Clare County Cleaver on 20 March, 2010, that he “did everything the township told him to do,” would have to read that section of the ordinance in order to comply with it. 

2.  Mr. Longenecker’s entire narrative consists of the following:  “Motocross/ATV/Snowmobile Park”

Based on the narrative Mr. Longenecker provided, it is apparent that he did not read Section 1603, 3 a-e of the Hayes Township Ordinance.  “Keeping in contact with Hayes Township personnel,” as Mr. Longenecker claims in another Clare Counter Cleaver article, dated 25 March, 2010 does not change the fact that for all of his good intentions, he did not read the ordinance.  The narrative is not in compliance with the directive on the form. 

3.  Farther down on the same form it states: A complete site plan containing all applicable data outlined in Section 1602, of the Hayes Township Zoning Ordinance must accompany this application.

Based on the site plan submitted at the time, it is obvious that Mr. Longenecker did not read Section 1602 of the Hayes Township Zoning Ordinance, because the site plan Mr. Longenecker submitted did not approach compliance with the ordinance. 

4.  Mr. Longenecker signed the application dated 15 October 2009.  The statement next to the signature block of the form states:  “By signing this, I hereby grant permission for members of the Planning Commission and the Zoning Administrator to enter the above-described property for the purpose of gathering information.  I also acknowledge that I have received a copy of Article XVI of the Hayes Township Zoning Ordinance from the Zoning Administrator along with this application.

In signing the application, Mr. Longenecker acknowledged receipt of Article XVI of the Hayes Township Zoning Ordinance.  I’m sure that Mr. VanWormer was not remiss in his duties to hand Mr. Longenecker a copy of Article XVI with the application; that is if Mr. VanWormer was not completely cut out of the process.  He seems to be conspicuously absent from the original process.  If Mr. Longenecker received the application online, then the entire Hayes Township Zoning Ordinance was available to him on that same website.  In any event, Mr. Longenecker has no excuse for not reading and complying with the applicable sections of the Hayes Township Zoning ordinance in preparing both his Site Plan and his Application For Special Use.  Any non-compliance in the preparation of both the application and the site plan lie purely with Mr. Longenecker and not with the Planning Commission or Mr. VanWormer. If Mr. Longenecker was indeed acting in good faith, then his cavalier attitude with which he approached both the application and the site plan should give the Planning Commission pause before approval of a special use for a business venture.  Especially one in an area inappropriately zoned for such a venture.

5.  The actions of the Planning Commission after receipt of the Application and accompanying site plan have already been covered.

6.  It is my understanding that the Site Plan he turned in on 30 Mar 2010 in the “do-over” was the exact same site plan as the one he turned in on 15 October 2009.  Apparently as of that date, Mr. Longenecker’s Site Plan was still not in compliance, and he was still blissfully unaware of what was required of him.  The onus is on Mr. Longenecker to have his paperwork in order, and the onus is on the Planning Commission to consider the application and the accompanying site plan as presented on their own merits.  There is no requirement or obligation to offer a “do-over” on the “do-over.”  One can only take so many mulligans.

7.  If the Planning Commission or the Township Board schooled Mr. Longenecker after he turned in his “do-over” Application and Site Plan at the end of March, it begs the question, does the Planning Commission or the Township Board school every applicant?  There is no obligation on the part of the Planning Commission or the Township Board to do so.  The same courtesy should be extended to all applicants uniformly.

I ask the planning Commission to consider these things as they take this decision that affects so many people in Hayes Township.

Thank You,

Karen Laskowsky

Harold Laskowsky Trust

The items mentioned in this letter are not exhaustive or comprehensive.  I have dealt with other ordinance violations in other places.