MACOMB TOWNSHIP PLANNING COMMISSION MEETING MINUTES AND PUBLIC HEARING TUESDAY, OCTOBER 20, 2015

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1 LOCATION: PRESENT: ABSENT: ALSO PRESENT: MACOMB TOWNSHIP MEETING CHAMBERS BROUGHTON ROAD MACOMB, MI CHARLES OLIVER, CHAIRMAN JASPER SCIUTO, VICE CHAIRMAN MICHAEL D. KOEHS, SECRETARY MICHAEL P. HARDY, MEMBER AARON TUCKFIELD, MEMBER JULIANA PLASTIRAS, MEMBER NUNZIO PROVENZANO, MEMBER ABSENT AND EXCUSED Lawrence M. Scott, Township Attorney Patrick Meagher, Planning Consultant (Additional attendance on file at the Clerk s Office) Chairman OLIVER called the meeting to order at 7:00 p.m. and the Pledge of Allegiance was recited. ROLL CALL 1. Clerk KOEHS called the roll and Member Provenzano was absent and excused. Vice Chairman Sciuto motioned to exclude Member Provenzano from all roll call votes. MOTION by SCIUTO seconded by TUCKFIELD to exclude Member Provenzano from all Roll Call votes. APPROVAL OF THE AGENDA 2. The agenda was reviewed and there were no additions, corrections or deletions. MOTION by SCIUTO seconded by PLASTIRAS to approve the agenda as presented. APPROVAL OF THE PREVIOUS MEETING MINUTES

2 3. The minutes of the previous meeting held on October 6, 2015 were reviewed and any additions, corrections or deletions were discussed and made. MOTION by HARDY seconded by PLASTIRAS to approve the minutes of the meeting of October 6, 2015 as presented. AGENDA ITEMS: 4. Revised Final Plan; Lone Star West Site Condominiums; Located on the west side of Card Road, ¼ mile north of 22 Mile Road; Section 22; AJ Development Company, Inc., Petitioner. Permanent Parcel Patrick S. Meagher (Planning Consultant) stated the Lone Star Site Condominiums were previously approved by the Planning Commission and the Township Board. Mr. Meagher stated when the property was originally approved, there was a church that owned the property to the south of this development. Because of that the Commission and Board did not require a stub street to the south. The church has since decided to sell the property and had market the property for residential purposes. He then stated the Township stepped in and stated they would like to have the stub street to the south, which ended up as a consent judgment that will allow for the installation of the stub street to the south that will eventually lead out to 22 Mile Road. Member Truckfield asked if the stub street was the only modification made to this site plan. Mr. Meagher stated the lot configuration also changed and the parcelization had changed. Mr. Meagher stated the engineering is almost completed and the improvements are in at this time because they had started under the previous plan. Mr. Meagher clarified to the Commission that the old plan had eleven (11) lots and the revised plan show twelve (12) lots. Rosemarie Boylan stated she lived on London Bridge and asked if it was going to be a dead end or continue to 22 Mile Road. Chairman Oliver explained to Ms. Boylan that eventually London Bridge would continue all the way to 22 Mile Road. Clerk Koehs stated the Township is the current owner of the property to the south. Clerk Koehs also informed Ms. Boylan that the Township is not a developer so the property would have to be sold as residential. When it is sold, the Township would put the conditions on it that the road be continued to 22 Mile Road. MOTION by SCIUTO seconded by HARDY to recommend approval of the Revised Final Plan; Lone Star West Site Condominiums to the Board of Trustees pursuant to the recommendations of the Planning Consultant; Located on the west side of Card Road, ¼ mile north of 22 Mile Road; Section

3 22; AJ Development Company, Inc., Petitioner. Permanent Parcel ; to the Township Board of Trustee 5. Ground Sign; Alpacas of Clinton River; Located on the south side of 24 Mile Road, approximately 1,200 feet west of North Avenue; Section 14; Phillips Sign and Lighting, Petitioner; Permanent Parcel Patrick S. Meagher (Planning Consultant) stated the request is for an Electronic Message Board for a farm operation which raise Alpacas and sell Alpaca yarn, wool and Alpaca beans. Mr. Meagher mentioned the submitted ground sign plan meets the size required but, stated one of the concerns was the potential of light in an area that is fairly dim at night. The applicant did supply information about the sign indicating that it would be seventy (70) feet from the center line of 24 Mile Road, seventy-eight feet from the drive and does have an auto dim feature for night that puts the NITS at seven hundred and fifty (750) at night and ten thousand (10,000) NITS during the day and have followed through with the ordinance requirements that no part of the messages would flash or scroll and will not change more than one hundred and twenty (120) times in a twenty-four hour period. Mr. Meagher stated the sign does meet the criteria of the Zoning Ordinance and is being recommended for approval. Member Tuckfield directed his question to Mr. Meagher and Mr. Esordi (Township Attorney) and then stated the parcel is zoned Agricultural (AG) and then asked if the property was not being used as a farm under the Right to Farm Act, would the Township be allowing the sign on this property. Mr. Meagher responded with no. Member Tuckfield then asked if the Township is sure it is a farm. Mr. Meagher stated that it was defiantly an Alpaca Farm and the applicant has forty (40) Alpacas and two (2) Llamas. Chairman Oliver stated it meets the Right of Farm Act and there is quite a bit of property. Chairman Oliver asked if the applicant actually sells items there. Mr. Meagher stated he wasn t sure if you could go and purchase items at the farm but on their web site it listed the items that they sell. Clerk Koehs stated there has never been anything to indicate that there was anything available there. Member Tuckfield remarked that the reason for a sign would be for marketing purposes or selling something and if it doesn t come to that definition, he then stated he would like to make sure that the Township should be letting them have the signage. Mr. Esordi stated if the Commission would like the attorneys to look into the sign and comeback and give a legal opinion about whether it fits within the Right to Farm Act. Member Tuckfield mentioned if it doesn t fit as a farm there and driving down there it doesn t fit in with the road or meet with the surrounding area. Mr. Esordi stated if there is an issue whether or not it fits the Right to Farms Act he at this time is not prepared to answer the question whether or not it meets the requirements of a farm.

4 Mr. Meagher stated perhaps the Commission may want to make a motion to table the item for two (2) weeks and have the attorney research the issue MOTION by TUCKFILED seconded by PLASTIRAS to table the Ground Sign for Alpacas of Clinton River for two (2) weeks so that legal counsel has the opportunity to research the issue further to determine whether it is something that can be allowed under the Right to Farm Act. (Open for Public Comments) None. PLANNING CONSULTANTS COMMENTS Patrick Meagher brought up the matter of the extension of times and asked if there was a consensus by the Commission to use their own standards to determine whether or not an extension is granted. Clerk Koehs stated that is totally discretionary and doesn t feel it s necessary to develop a formal policy and if anyone doesn t want it they can indicate so and give their reasons and get their support. Mr. Meagher stated that sounds good. PLANNING COMMISSION COMMENTS Clerk Koehs stated in case the Commission didn t notice, the secretary isn t present and won t be coming back. Clerk Koehs mentioned that at 4:30 p.m. today, he received an from the Supervisor indicating there won t be a recording secretary at any of the Township Board or Commission meetings. Chairman Oliver asked if there was something the Commission needed to do. Clerk Koehs stated no, the secretary will get the tape the following morning. It just makes it hard sometimes like when you have a crowd like there was a couple of weeks ago, to get all the names, addresses and everything right and places the burden on him. If the meeting has to be stopped to get the names and addresses, so be it. Mr. Meagher stated how much more important it is now for the Commissioners and Chairman to make sure the applicants are speaking clearly into the microphone as well. ADJOURNMENT MOTION by PLASTIRAS seconded by KOEHS to adjourn the Planning Commission meeting at 7:25 p.m.

5 Respectfully submitted, Charles Oliver, Chairman Michael D. Koehs, CPM, CMC Macomb Township Clerk Planning Commission Secretary