143410 beaver township planning commission meeting · ross robbins, chairman ken wishowski tom...

Beaver Township Planning Commission Meeting

August 1, 2019

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Beaver Township Planning Commission Meeting August 1, 2019

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BEAVER TOWNSHIP PLANNING COMMISSION

PUBLIC HEARING

Beaver Township Hall

1850 Garfield Road

Auburn, Michigan 48611

Thursday, August 1, 2019

6:30 p.m.

Beaver Township Planning Commission Members Present:

Ross Robbins, Chairman Ken Wishowski Tom Meier Betty Dobroc Gary Koch Colett Dominowski Ken Beaudin

Township Attorney: ANDREW C. THOMPSON (P67984) POZNAK DYER KANAR SCHEFSKY THOMPSON PLC 143 McDonald Street Midland, MI 48640 (989) 832-1770 [email protected]

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1 CHAIRMAN ROSS ROBBINS: This is the Beaver

2 Township Planning Commission Public Hearing on August 1st,

3 2019 at 6:30 p.m.

4 Call to order, start with the Pledge of Allegiance.

5 Everybody stand up.

6 (Pledge of Allegiance to the flag said in unison)

7 CHAIRMAN ROSS ROBBINS: Okay. Roll call.

8 Betty Dobroc.

9 BETTY DOBROC: Here.

10 CHAIRMAN ROSS ROBBINS: Ken Wishowski.

11 KEN WISHOWSKI: Present.

12 CHAIRMAN ROSS ROBBINS: Tom Meier.

13 TOM MEIER: Here.

14 CHAIRMAN ROSS ROBBINS: Ken Beaudin.

15 KEN BEAUDIN: Here.

16 CHAIRMAN ROSS ROBBINS: Colett Dominowski.

17 COLETT DOMINOWSKI: Here.

18 CHAIRMAN ROSS ROBBINS: Gary Koch.

19 GARY KOCH: Here.

20 CHAIRMAN ROSS ROBBINS: And myself, Ross

21 Robbins.

22 Okay. Approval of tonight's agenda. A motion?

23 COLETT DOMINOWSKI: Motion to approve

24 tonight's agenda for the public hearing on August 1st, 2019.

25 BETTY DOBROC: I second.


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1 CHAIRMAN ROSS ROBBINS: All in favor.

2 ALL PLANNING COMMISSION MEMBERS: Aye.

3 CHAIRMAN ROSS ROBBINS: Okay. Regular

4 business. Special use public hearing here for Mr. and Mrs.

5 Paul Satkowiak at 560 West River Road. Open the public

6 hearing up. I'd like to start with the Township Supervisor

7 Mr. Gray to address the Board on the complaints that we've

8 had against the special use permit.

9 TOWNSHIP SUPERVISOR GRAY: Steve Gray. I'm

10 the Beaver Township Supervisor. We're here this evening to

11 talk about the special use permit Mr. and Mrs. Satkowiak

12 have to run a landscaping and snowplow business at their

13 home at 560 West River Road.

14 The original special use permit had about 14 line items

15 in it. By my count at least eight of those line items have

16 been violated.

17 Number 3, Your business will not increase the risk of

18 fire, pollution, traffic hazards or the emission of noise,

19 noxious fumes, odors, soot, dust, vibration or glare to the

20 detriment of other adjacent landowners.

21 Your packets have pictures in there proving that point.

22 Number 4, You are authorized to install up to four

23 bunkers, not exceeding four feet high in height for the

24 storage of sand, black dirt, stone and crushed asphalt and

25 aggregate used in your business. These bunkers are to be


Page 4

1 located on the west side of the property.

2 The bunkers are there. They're in the right spot.

3 However, we've got piles of logs. We've got piles of

4 railroad ties. We've had rock dumped in there, which seems

5 to have the same odor to it that the stuff that had been

6 dumped there back in 2015 from Michigan Sugar had. There's

7 pictures in your packet of Dependable Sewer in there dumping

8 backhoe trucks on the property.

9 Number 5, All tiling for drainage purposes is to be

10 completed by April 1st, 2016.

11 I'm not certain what work Mr. Satkowiak did

12 drainage-wise to that property, but his property is much

13 higher than the back yards of all the neighboring properties

14 and just about all of them have standing water. I've been

15 out there and I've visited them.

16 Item Number 6, Compost, lawns, et cetera.

17 Item Number 8, You're not authorized to deposit on your

18 property any yard waste, clippings, nor accept any residue

19 or scrap from Michigan Sugar Company or any other source.

20 Again, we've had rock hauled in that seems to have the

21 beet pulp from Michigan Sugar. We've got pictures of

22 Dependable Sewer dumping in there.

23 Number 9, All large commercial vehicles such as

24 backhoe, bulldozers, semi trailers, tractors and trailers,

25 are to be removed from your property.


Page 5

1 There's numerous sets of doubles that come and go from

2 that property. There's some pictures of that in your

3 packet. Off-road dump truck, excavators. The special use

4 permit was intended one loader for landscaping purposes.

5 There was not supposed to be a whole bunch of yellow iron on

6 site anymore. That's supposed to go to his dad's property

7 up by Cottage Grove, as were the storage of the tractor

8 trailers.

9 Item Number 12, Your business activity shall not begin

10 prior to 7 a.m. and shall terminate by 7 p.m. Monday through

11 Friday, 8 to 5 on Saturdays. No commercial activity be

12 conducted after 7 p.m. on weekdays, nor after 5 p.m. on

13 Saturdays, and no commercial activity on Sundays or legal

14 holidays.

15 You'll see a number of complaints in your packet where

16 they have started earlier than 7 a.m. and they have worked

17 later than 7 p.m., so that speaks for itself.

18 Item Number 14, The Zoning Board may revoke permission

19 to operate at any time these conditions are not satisfied.

20 I would like to make the point to the Planning

21 Commission to run a commercial business in a residential

22 area is a privilege, it is not a right.

23 I had a situation where Mr. Satkowiak apparently rented

24 part of his construction yard to Consumers Energy, had the

25 place lit up like a football field, generator running all


Page 6

1 night. I ran Consumers out of there, had them set up here

2 where it was bothering far less neighbors.

3 Your packets are in front of you and we can proceed

4 with the hearing.

5 CHAIRMAN ROSS ROBBINS: Okay. I'd like to

6 make the packet a public record. Does somebody want to make

7 a motion to do so? I think we should.

8 MR. THOMPSON: I don't believe you need a

9 motion.

10 CHAIRMAN ROSS ROBBINS: We don't need to?

11 MR. THOMPSON: It's been accepted --

12 CHAIRMAN ROSS ROBBINS: It's been accepted as

13 a public record.

14 MR. THOMPSON: -- as part of the record.

15 CHAIRMAN ROSS ROBBINS: There's pictures,

16 et cetera. At this time I'd ask Paul and Prizza if you guys

17 want to rebuttal with any of this stuff. You've got the

18 letter in the mail. You've go the eight different things

19 that it says that you're in violation of. Our job as the

20 Planning Commission is to look at this and then come to a

21 vote possibly at this meeting, so I guess I'll ask you if

22 you guys want the same amount of time as the Supervisor had.

23 PAUL SATKOWIAK: As far as the payloaders, I

24 use four payloaders pushing snow, so whether or not another

25 snowplow company uses more or less, and when we got a


Page 7

1 special use permit it didn't say one payloader, it didn't

2 say pieces of equipment.

3 As far as Consumers on the property, they got with the

4 township before they even moved in. And it wasn't me that

5 got them kicked out, they kicked themselves out because they

6 were only supposed to bring in eight trucks and a couple of

7 trailers. And they got with the township before they even

8 did that. And I did not know that they were going to light

9 up the town. I wasn't even home. That was not through me.

10 That was through them, which that's fine, they're gone.

11 And as far as the rock, there's no rock been brought in

12 from the sugar beet factory, as they say. There is found

13 that there is more sand in the bunker because I'm planning

14 on using it.

15 As for compost, there is no compost. I cut my own

16 grass and I get about nine bags doing my own grass. Now, my

17 neighbors burn it, and I can't put my own my compost on my

18 own property?

19 PRIZZA SATKOWIAK: As for logs, we burn wood

20 in the wintertime. You've got to have the wood there to --

21 PAUL SATKOWIAK: That's right. And now we

22 can't have logs? And there's no railroad ties. None, not

23 one. I don't know where they're getting it from.

24 CHAIRMAN ROSS ROBBINS: Well, if you went

25 down to eight things here that it says you're in violation


Page 8

1 of, I mean --

2 PAUL SATKOWIAK: Well, let me keep going. I

3 mean how many more do you want to go?

4 CHAIRMAN ROSS ROBBINS: Well, there's 14 that

5 are on your special use permit that it says you can do, and

6 there's eight violations that are attached here.

7 PAUL SATKOWIAK: As far as leaving early, if

8 I get a call from the sugar beet factory, which is ag.

9 excuse, that is proof, that is fact, if they've got a broken

10 pipe I can have them call you and get permission from you to

11 start early, or ag. So if we need to go there, we can do

12 that. I'll just have their lawyer call you or whatever to

13 get a special use permit to start early or later. Because

14 if they've got a broken pipe, I've got to go no matter what

15 time it is.

16 CHAIRMAN ROSS ROBBINS: Yeah, I understand

17 that, but I'm looking at the eight violations here. You're

18 bouncing around. You got the same letter that was came in

19 the mail.

20 PAUL SATKOWIAK: I didn't get no pictures. I

21 didn't get nothing like that. So I'd like to --

22 CHAIRMAN ROSS ROBBINS: Well, your neighbors

23 gave us, and that's why we're here.

24 PAUL SATKOWIAK: Well, if I see it then I can

25 explain it.


Page 9

1 MR. THOMPSON: Do you have a copy of the

2 packet that I can -- is this, is this the entire packet

3 here?

4 CHAIRMAN ROSS ROBBINS: Yeah, that's their

5 packet.

6 PAUL SATKOWIAK: And as far as the -- this

7 odor, if anybody's got a diesel truck, they all smell the

8 same, whether it's a pickup or a dump truck. So if that's

9 what they're smelling, I mean anybody that has a diesel

10 truck --

11 PRIZZA SATKOWIAK: Blight ordinance, I guess

12 I don't understand where they're calling it blight. I mean

13 I can drive around the township and see people that have

14 blight. Ours is pretty organized. I don't understand that

15 one.

16 CHAIRMAN ROSS ROBBINS: Well, as far as the

17 eight violations, I don't see the blight one on here. I see

18 -- if you want to run down them, start with number 1, you've

19 got the letter, right, Prizza?

20 PRIZZA SATKOWIAK: No, I don't have it.

21 PAUL SATKOWIAK: We didn't get none of that.

22 COLETT DOMINOWSKI: It's in the packet.

23 CHAIRMAN ROSS ROBBINS: It's also in the

24 packet.

25 PAUL SATKOWIAK: As far as the promotion of


Page 10

1 the trucks, that was another thing that went on that

2 normally called in the DEQ for the back truck that was on

3 site and said it was hazardous waste through -- was back

4 here saying, I can't help it she don't know the difference.

5 And the DEQ went and said there was no, nothing wrong. And

6 then they (inaudible) and dumped black dirt on the site

7 because I was trying to help Camp Fishtails, with Fisher's,

8 Ed Cradell(ph), me and a couple other vehicles, donated a

9 bunch of stuff to Camp Fishtails. Hauled them in with

10 trains because they couldn't get in with trains over there.

11 I donated to load it and put it in smaller trucks. Now, if

12 I'm getting condemned for donating and stuff like that, that

13 might be a problem. So if there's a -- that's the thing

14 with the big trucks.

15 CHAIRMAN ROSS ROBBINS: The thing with the

16 semi tractor and trailers is your permit says that they're

17 not even supposed to be there. That's the -- that's the

18 violation.

19 PAUL SATKOWIAK: (Inaudible) they were there,

20 they were roped down and it did say in one of my things that

21 if they were roped down or something we can work on that.

22 PRIZZA SATKOWIAK: Yeah, it was more verbal.

23 PAUL SATKOWIAK: Yeah.

24 CHAIRMAN ROSS ROBBINS: It's got to be a

25 verbal because I haven't read it in there, so...


Page 11

1 Well, let's see, you've got it in front of you, Prizza?

2 PRIZZA SATKOWIAK: Yes.

3 CHAIRMAN ROSS ROBBINS: Number 1 violation

4 says your business is subject to residents of neighboring

5 properties of noise, noxious fumes and odors.

6 PAUL SATKOWIAK: Okay. Where are they

7 getting the noxious fumes from?

8 CHAIRMAN ROSS ROBBINS: Well, the complaints

9 we've got here are from smell from the sugar beet factory or

10 smell from something that's been dumped.

11 PAUL SATKOWIAK: There's the semi trucks.

12 You're talking about pickups.

13 CHAIRMAN ROSS ROBBINS: The other complaints

14 from your neighbors are that Dependable Sewer has dumped in

15 the back yard, which they don't know --

16 PAUL SATKOWIAK: That is pure sand. It is

17 notified that it is pure sand.

18 CHAIRMAN ROSS ROBBINS: Out of Dependable

19 Sewer's trucks?

20 PAUL SATKOWIAK: Yes.

21 PRIZZA SATKOWIAK: Yes.

22 PAUL SATKOWIAK: And it is from the DEQ

23 certified, and it was a Consumers job. I mean she calls it

24 hazardous waste and she didn't know the difference. And

25 I've got a letter from that if you need it.


Page 12

1 CHAIRMAN ROSS ROBBINS: Well, that's, that's

2 one as far as fumes go, and noise. Jess I think is one of

3 your neighbors had pictures and emails of semi trucks going

4 next to her house with dust. I think Johnson is one of the

5 neighbors that also had pictures of Dependable waste.

6 You've got to think if it's your neighbor in your back yard

7 and they see a Dependable -- let's say it's Paul Thorton or

8 Dependable waste, they think it's somebody dumping sewer in

9 your back yard. That's going to be your neighbor's first

10 thing.

11 PAUL SATKOWIAK: That is with the -- the last

12 five years that's what everybody uses instead of digging, is

13 -- I've got two vac trucks and that's what I use now for

14 digging.

15 CHAIRMAN ROSS ROBBINS: Okay. Well, I'm just

16 looking at the -- what it says in the permit that you're

17 allowed to do and the things that we're talking about are

18 things that you're not technically allowed to do.

19 PAUL SATKOWIAK: Well, that's more of a

20 Consumers thing more than Dependable.

21 CHAIRMAN ROSS ROBBINS: I don't --

22 PAUL SATKOWIAK: They didn't know they shut

23 them off so Dependable dumped back there. But we did clear

24 that up.

25 CHAIRMAN ROSS ROBBINS: Okay. I mean 4 is


Page 13

1 you're storing large commercial equipment for backhoes,

2 excavators, off-the-road trucks, bulldozers, semi tractor

3 trailers. We talked about there's photos to prove it.

4 PAUL SATKOWIAK: Yeah, but now they're in the

5 shed.

6 COLETT DOMINOWSKI: Now.

7 CHAIRMAN ROSS ROBBINS: But it still goes

8 back to the special use permit, commercial piece of property

9 or residential piece of property, that's --

10 PAUL SATKOWIAK: So I can't have them in the

11 shed?

12 CHAIRMAN ROSS ROBBINS: You're not supposed

13 to operate that form of a business, according to your

14 permit, out of there.

15 PAUL SATKOWIAK: Okay. So the payloader I

16 use for snowplowing, ain't that part of the snowplowing?

17 CHAIRMAN ROSS ROBBINS: Your semi tractor and

18 trailer isn't.

19 PAUL SATKOWIAK: It ain't there. They were

20 there for a little bit but they were broke down. I was

21 waiting on the parts.

22 CHAIRMAN ROSS ROBBINS: The off-road truck.

23 PAUL SATKOWIAK: That was broke down. I was

24 waiting on a transmission.

25 CHAIRMAN ROSS ROBBINS: Okay. I'm just --


Page 14

1 PAUL SATKOWIAK: I know.

2 CHAIRMAN ROSS ROBBINS: I'm giving you a

3 chance for -- to read these out if you got -- I know you got

4 it in the mail. So I mean operating a commercial activity

5 has caused an increase in gravel and run-off onto the

6 flooding of neighborhood properties. That's --

7 PAUL SATKOWIAK: Well, that's when we had the

8 flood. I can explain that, too. When we had the flood we

9 pumped from the crock, because the pump was broke, and we

10 put a four-inch pump and pumped it out to the ditch, and

11 when the water couldn't take -- or the ditches couldn't take

12 it, it backed up. And that's not my fault. It's you guys

13 couldn't even get the ditch cleared.

14 PRIZZA SATKOWIAK: We tiled our whole

15 property.

16 PAUL SATKOWIAK: It cost us seven grand.

17 PRIZZA SATKOWIAK: And Blaine's property,

18 that whole pond area, or I shouldn't say pond area, but all

19 that property back there behind the house. We had that all

20 tiled by --

21 PAUL SATKOWIAK: DeShano.

22 PRIZZA SATKOWIAK: -- DeShano.

23 CHAIRMAN ROSS ROBBINS: Okay. And then

24 Number 6 is you're conducting business activity outside

25 hours. Again, testimony from your neighbors, or complaints


Page 15

1 that are written from your neighbors, any noise and stuff

2 that there is. That's nothing --

3 And then like you said, Number 7, Dependable Sewer,

4 this of course goes right back to your special use permit

5 not to dump stuff on your property, Monitor Sugar or anybody

6 else.

7 PAUL SATKOWIAK: None of it, nothing comes

8 from Monitor Sugar. I don't know where they're getting that

9 from.

10 CHAIRMAN ROSS ROBBINS: It's the special use

11 permit back in 2015, back in Number 8, that says you're not

12 authorized to process on your property any yard waste or

13 clippings, nor accept any residue discrepanture from

14 Michigan Sugar Company or any other sources. And that's

15 obviously got your neighbors in a rile.

16 PAUL SATKOWIAK: And the overdumping, we --

17 CHAIRMAN ROSS ROBBINS: Overdumping a truck

18 that says Dependable Sewer on it.

19 PAUL SATKOWIAK: Well, I guess that goes back

20 with the sand to open tanks.

21 CHAIRMAN ROSS ROBBINS: I get it. But it

22 says you're not supposed to do it in this permit.

23 PAUL SATKOWIAK: Well, at that time we did

24 get the okay for Consumers to be on there and I thought that

25 was part --


Page 16

1 CHAIRMAN ROSS ROBBINS: Consumers doesn't

2 make the township ordinance.

3 PAUL SATKOWIAK: Well, I thought that was

4 part of the okay then that Consumers got with the township,

5 because they were -- Dependable works with Consumers on the

6 jobs.

7 CHAIRMAN ROSS ROBBINS: Okay.

8 PAUL SATKOWIAK: But that's fine.

9 CHAIRMAN ROSS ROBBINS: I mean and then

10 Number 8 is special use permit operates a lawn/landscape

11 business, snowplowing, payloader is a payloader, I get that,

12 but you're also operating an excavation business out of

13 there. So I -- so that's the eight violations that were

14 given in front of us, that if you've got anything else to

15 say, if not, we can open it up to -- we'll move to public

16 comment.

17 PAUL SATKOWIAK: That's it.

18 CHAIRMAN ROSS ROBBINS: I think I gave you

19 adequate time. I'm supposed to give you as much time as I

20 gave Steve, so...

21 PAUL SATKOWIAK: Yeah.

22 COLETT DOMINOWSKI: You did.

23 CHAIRMAN ROSS ROBBINS: Okay. At this time I

24 make a motion to open it up to public comment please.

25 KEN BEAUDIN: Second.


Page 17

1 CHAIRMAN ROSS ROBBINS: Second by Ken. Who

2 made the first? I did?

3 COLETT DOMINOWSKI: You did technically, I

4 guess.

5 CHAIRMAN ROSS ROBBINS: Technically, I guess.

6 Okay. Public comment. For public comment I'd ask that we

7 keep it to about two minutes. The reason that Paul and

8 Prizza had more is because they're the ones that were --

9 that's why we're here, we gave them as much time as we gave

10 Steve Gray, the township supervisor, to address us.

11 So at this time who -- does anyone here have public

12 comment?

13 MR. THOMPSON: And if I could -- if I can

14 clarify.

15 CHAIRMAN ROSS ROBBINS: I'm sorry, please

16 state their name.

17 MR. THOMPSON: Please state your name and

18 also for this public comment period please limit your

19 comments only to the topic of the special use permit. Other

20 topics, there will be a public comment period later to

21 address other topics. But this public comment period is

22 part of the public hearing specifically for, specifically

23 related to the special use permit.

24 CHAIRMAN ROSS ROBBINS: Okay. Would you

25 state your name please?


Page 18

1 ELIZABETH KORNACKI: Elizabeth Kornacki, 252

2 South Garfield Road. I have a letter for the record, and I

3 have copies but I ran out of ink so I'm one short.

4 I'm urging that the Planning Commission revoke the

5 special use permit. I witnessed some of the violations

6 myself, even though I don't live right there. I have

7 friends that I visit there. And I was there on a Sunday.

8 There was noise. There were lights. There was pollution.

9 And then I looked through the permit and I can understand

10 there are numerous violations.

11 I think it's interfering with the enjoyment and the use

12 of the neighbors' property. It's obstructing and

13 inconveniencing the rights of property owners along River

14 Road and Nine Mile.

15 I not only think the Planning Commission should revoke

16 the permit, I think the property should be restored also, if

17 there's any question about smells, drainage, anything like

18 that.

19 I think the township has spent too much time and money

20 on this already. And I understand the need for special

21 permits but I think this one for this kind of business is

22 way too broad.

23 And I'd also like to add that where I am, which is if I

24 walk back to my river hut on the Kawkawlin River, I'm pretty

25 much even with the senior Satkowiak's property and there's


Page 19

1 been noise and trucks, and so this idea of parking on that

2 property, I'm not in favor of that at all. I'm hearing the

3 trucks and hearing the backups. There's some kind of

4 banging going on with the stones. It hasn't happened this

5 year but it's really interfered --

6 KEN BEAUDIN: Time up.

7 ELIZABETH KORNACKI: -- with my enjoyment --

8 KEN BEAUDIN: Your two minutes are up.

9 CHAIRMAN ROSS ROBBINS: Okay. Thank you,

10 Elizabeth.

11 ELIZABETH KORNACKI: Thank you.

12 CHAIRMAN ROSS ROBBINS: Anyone else?

13 BETTY RYAN: I'm Betty Ryan. I live at 1440

14 Nine Mile. If anyone should complain, it should be me. We

15 live right behind them. No matter what the problem was,

16 they've always fixed it. And for the lights and for the

17 noise, what is the big deal? I mean they stop at a certain

18 time. I guess I don't understand why everyone is

19 complaining about this when you have a person that is

20 literally out cutting their grass every day but there is no

21 waste. Does anyone complain about that?

22 I just -- Paul and Prizza has gone above and beyond to

23 take care of things especially if there is a problem. So I

24 guess I'm not really understanding what is the big concern.

25 I mean everyone makes noise. A lawnmower makes noise. For


Page 20

1 the gas and stuff, we have a diesel truck. That smells. So

2 --

3 CHAIRMAN ROSS ROBBINS: Okay. Thank you.

4 Anyone else?

5 ROSALIE ANDRZEJEWSKI: Rosalie Andrzejewski,

6 665 West River Road. And I would like to speak, I'm going

7 back to the conditions in the special use permit. I'll

8 start with September 18th of 2015, my family was

9 approximately 1,000 feet away and we were out barbecuing and

10 we could smell the stench. This dates back to 2015. And we

11 had company from Traverse City and they said, what in the H

12 is that smell? At that point I didn't know. This started

13 the whole DEQ investigation, the whole Satkowiaks saying, we

14 don't know what that is, that's compost, until the DEQ

15 investigated and investigated.

16 And I have a packet, a FOIA packet from the DEQ

17 investigation about that big showing pictures, showing

18 Satkowiak saying there's no Michigan Sugar until, guess

19 what, it was refuse, it was stuff from Michigan Sugar that

20 the Satkowiaks had been paid to dispose of at the landfill,

21 but instead went on their property. All the neighbors got

22 to smell it. The flies were terrible. Depending on the

23 wind and the run-off, and the run-off caused the adjoining

24 neighbors to the east, their grass was all -- it turned it,

25 from the lime of the --


Page 21

1 MR. ATKINSON: (Inaudible)

2 ROSALIE ANDRZEJEWSKI: I'm talking, not you.

3 Start my time over or something, please.

4 And so this started back in 2015 and it has been

5 ongoing. Yes, they address issues. Problem, address issue;

6 problem, address issue. It's ongoing. It's an ongoing

7 fight. But the trucks are constant. If they're really

8 trying to abide by the special use permit, why at 5:30

9 tonight were the P&P Contracting trucks back and forth? Why

10 were they? They're not even supposed to be on the property.

11 They're not trying to abide by the special use permit.

12 So they thought that the industrial generator running

13 all night with the guard shack and, and the guards, that was

14 going to be real nice for the neighbors to listen to and to

15 see?

16 Thank you.

17 CHAIRMAN ROSS ROBBINS: Anyone else?

18 TINA ATKINSON: I'm Tina Atkinson. I live at

19 1490 Nine Mile. Paul and Prizza are right behind me. Yeah,

20 the smell was there a while ago. It's not been back since.

21 As far as the semis coming and going, I don't honestly hear

22 them. I don't know if anybody's aware of truck drivers but

23 they have to do their PM's so they have to by law do that,

24 so they may be just getting their, I don't know, PM every

25 day. Are they going to park? There's just these certain


Page 22

1 things that have to be done according to law. It just

2 happens. And I, I'm right there. I don't have any problems

3 with the semis coming and going. I didn't even know

4 Consumers was there until I got a visit from one of the

5 people that work -- that was voted into office here to tell

6 me that they were there. I had no clue and I'm right, right

7 there. So I don't -- I don't have a problem with Paul. I

8 don't have -- I don't smell.

9 As far as the tiling, we tiled our back yard. He

10 helped us do it. We paid for it. He gave us -- we used his

11 equipment free of charge. We put the tile in. We're tiled.

12 We needed our ditches dug. We're -- they're full. There's

13 no run-off. We can't get it to run off so we're all going

14 to flood until we can get the ditches emptied out so that we

15 can keep going.

16 So it's not -- there's numerous things that's going on

17 that's not just their fault.

18 CHAIRMAN ROSS ROBBINS: Okay. Anyone else?

19 Go ahead.

20 JESS FAULMANN: Anyways, I'm Jess Faulmann

21 and I live at 580 West River. There's been some stuff but

22 the last few months I have noticed quite a bit being cleared

23 up behind my own house. That's kind of nice. Before then

24 it was pretty busy back there with semi trailers and trucks

25 and excavators and there's been a lot of backup beepers and


Page 23

1 things like that that go on. And us personally, we don't

2 have an air conditioner so our windows are open, you know,

3 at night, and we get woke up by the beeper and stuff. It is

4 kind of annoying. It creates a bit of a hardship within our

5 household because we do try to get some sleep. We have a

6 newborn. I don't sleep anyway. Everybody knows how that

7 goes, so...

8 But speaking from a different standpoint, the one thing

9 that is going on, if they do bring those trucks and trailers

10 back and all that stuff, what they're creating is called

11 economic obsolescence within our township and within our

12 neighborhood. We live in an area where people from Midland

13 Dow want to live. This is where they live. I work in real

14 estate so I do normally bring people out here regularly to

15 buy these houses, and they sell for premiums. But with

16 what's going on behind our houses with the trucks, the

17 trailers, the noise, the dust, and that's one of the things

18 that does happen pretty regularly, people will take one

19 look, especially those neighbors up on Nine Mile, that these

20 things are 50 feet, 100 feet off their back porch, they say,

21 well, I'm not going to live with that in my back yard. So

22 what does that do for those people on Nine Mile that now

23 they have to live with this hardship that they're never

24 going to be able to sell their houses because of what their

25 neighbors are doing. And I think that's one thing that the


Page 24

1 township needs to look at from a different aspect.

2 You know, I have no intentions of wanting to shut down

3 any type of business, but we have to be fair to everybody

4 within the community. We are a community. We are a

5 neighborhood. We're not a construction zone. People don't

6 move to Nine Mile and River because they want to be in a

7 construction zone. They move here to enjoy peace and

8 quiet. They want to look out their back door and see the

9 stars at night, not the floodlight that's hovering over

10 their diesel pump in the back yard.

11 That's the kind of stuff that people move out here for

12 and with what's going on back there, it does make it

13 difficult for anybody within our area to think about selling

14 or listing their property because they're going to take one

15 look at behind that house and go I don't want to live with

16 that in my back yard.

17 So I think that's just a different angle that everyone

18 is complaining of as a neighbor, that maybe we have to look

19 at it like that.

20 CHAIRMAN ROSS ROBBINS: Okay. Anyone else?

21 Nobody else? Okay.

22 All right. Make a motion --

23 KEN WISHOWSKI: Make a motion to open

24 discuss.

25 CHAIRMAN ROSS ROBBINS: -- moves the public


Page 25

1 hearing comment for us to discuss.

2 COLETT DOMINOWSKI: I second.

3 CHAIRMAN ROSS ROBBINS: Okay. Okay. The

4 topic of the meeting and why we're here is for us to enforce

5 the zoning ordinance in our township and this 14 -- there's

6 14 items here on what you're allowed to do on your property,

7 and for us to enforce our zoning ordinances, our laws,

8 Beaver Township Zoning Ordinance shall revoke said special

9 use permit, this property is not kept in compliance with the

10 special use permit.

11 And from what I understand, and Mr. Thompson can

12 interject, but if you're in violation of any of these it's

13 our job as the township planning commission to move forward

14 with a vote on whether or not we revoke the permit, correct?

15 MR. THOMPSON: That's correct. Based on the

16 record before you, that is the testimony and commentary

17 you've heard tonight, along with the written material that

18 was submitted that you have in front of you, both when you

19 arrived and what was submitted during the meeting, if based

20 on that material you have concluded that the conditions of

21 the special use permit have been violated, you can vote to

22 revoke the permit.

23 CHAIRMAN ROSS ROBBINS: Okay. Does somebody

24 have discussion from what we've already heard?

25 KEN WISHOWSKI: And like I said, to me Mr.


Page 26

1 Satkowiak has outbuilt, or outgrown, his business has

2 outgrown the special use permit for his location. His

3 business is booming and stuff like that. That -- the

4 special use permit was not meant for besides the company it

5 owned, that it's contingent on his dad's property to have

6 those things. To me, I keep stressing it, he needs to find

7 a new location, keep his smaller business there and take the

8 bigger business elsewhere.

9 CHAIRMAN ROSS ROBBINS: Okay. When you say

10 keep the smaller business there, that's the smaller business

11 he was allowed per the special use permit.

12 KEN WISHOWSKI: Yeah. And he's past it by

13 the sounds of what these complaints are and what he's coming

14 in and out.

15 CHAIRMAN ROSS ROBBINS: Okay. Anybody else

16 have anything they want to say?

17 BETTY DOBROC: Yeah. I think, too, that this

18 has been ongoing since 2015 and I don't think it has gotten

19 any better from what I've looked at here. I've seen

20 pictures. Especially with the run-off on the neighbors'

21 properties. Even though the drain is from Dependable Sewer

22 and it's coming from Consumers, how do we -- how do they

23 know what's in that? I mean it's coming out of the ditches.

24 What's in the ditches? And they're, you know, just putting

25 that on the property.


Page 27

1 So I'm still thinking that this has been an ongoing

2 thing and I agree with Ken that he's outgrown his business,

3 that he wants the big trucks, the big, the big equipment to

4 come in he needs to go to get a commercial property other

5 than in a residential area.

6 CHAIRMAN ROSS ROBBINS: Okay. Ken or Colett

7 or Gary, anything else?

8 COLETT DOMINOWSKI: So each time it's dumped

9 you have it tested, when you say it's tested?

10 PAUL SATKOWIAK: This has been a while back

11 when Consumers was there Dependable worked side-by-side with

12 Consumers and they dumped -- this has been probably two

13 months ago since the last time they dumped, and the DEQ came

14 right to the house and tested it and went right to the job

15 site and tested it. It was pure sand. And they never

16 dumped since. And when Consumers come in there Dependable

17 was part of Consumers and they were dumping in a pile and

18 then was hauling it out of there. So they only haul like a

19 yard and a half. So I mean you can't take that, yard and a

20 half every trip, so they would dump it and load it up and

21 haul it out. But they don't dump there no more. Consumers

22 ain't there no more. The big trucks ain't there no more.

23 If they are, they're broke down and they need some time to,

24 you know, get them in the shop. But if you went by there

25 lately I think it's improved a hundred percent.


Page 28

1 As far as the water run-off, my pump was broke. It

2 cost me $1500 to have a new pump put in. That might have

3 been part of the water problem. We didn't know it for a

4 week later that the pump was bad. That's fixed.

5 We're trying to downsize everything. There's very

6 little equipment that comes in there anymore.

7 ROSALIE ANDRZEJEWSKI: Excuse me. Do we all

8 get a second public comment?

9 CHAIRMAN ROSS ROBBINS: No.

10 PAUL SATKOWIAK: She asked me a question.

11 CHAIRMAN ROSS ROBBINS: She asked him a

12 question.

13 COLETT DOMINOWSKI: I asked him a direct

14 question.

15 ROSALIE ANDRZEJEWSKI: Okay.

16 CHAIRMAN ROSS ROBBINS: Ken or Gary?

17 GARY KOCH: No.

18 CHAIRMAN ROSS ROBBINS: You good, Ken?

19 KEN BEAUDIN: Nothing for me.

20 CHAIRMAN ROSS ROBBINS: Well, it's our job as

21 the planning commission that, like I said, to enforce this,

22 and if you're in violation, you're in violation. This isn't

23 the first time that this has been brought to the attention.

24 So I guess I ask right now that we do a roll call vote

25 and look for a motion that whether or not we vote to revoke


Page 29

1 the permit or not.

2 Anyone want to make that motion?

3 COLETT DOMINOWSKI: Do we need to go to

4 closed session to discuss it, or no?

5 CHAIRMAN ROSS ROBBINS: I would say it's open

6 session.

7 COLETT DOMINOWSKI: Okay.

8 CHAIRMAN ROSS ROBBINS: Yeah. Do you want to

9 do a closed session?

10 COLETT DOMINOWSKI: I don't know.

11 MR. THOMPSON: I don't know that --

12 CHAIRMAN ROSS ROBBINS: We don't need --

13 MR. THOMPSON: -- the question -- I don't

14 know that there would -- I don't know that a closed session

15 would be appropriate.

16 COLETT DOMINOWSKI: Okay.

17 CHAIRMAN ROSS ROBBINS: Not in a public

18 hearing.

19 Does anyone want to make the motion to vote on it?

20 KEN WISHOWSKI: I make the motion that we go

21 forward on the special use permit violations, that it was

22 violated on.

23 CHAIRMAN ROSS ROBBINS: Okay. Ken made the

24 first.

25 BETTY DOBROC: I'll second.


Page 30

1 CHAIRMAN ROSS ROBBINS: Betty made the

2 second. A roll call vote starting with Ken Beaudin.

3 KEN BEAUDIN: Yeah.

4 CHAIRMAN ROSS ROBBINS: Colett?

5 COLETT DOMINOWSKI: Yeah.

6 CHAIRMAN ROSS ROBBINS: Gary?

7 GARY KOCH: Yeah.

8 CHAIRMAN ROSS ROBBINS: Betty?

9 BETTY DOBROC: Yes.

10 CHAIRMAN ROSS ROBBINS: Wishowski?

11 KEN WISHOWSKI: Yes.

12 CHAIRMAN ROSS ROBBINS: Tom Meier?

13 TOM MEIER: Yes.

14 CHAIRMAN ROSS ROBBINS: And myself, yes.

15 Okay. Let's make a motion to go to public comment that

16 does not pertain to the Satkowiak issue.

17 MR. THOMPSON: Before we do that, if I could

18 just provide a little bit of clarification. A written

19 report will be assembled within the next two weeks based on

20 the vote you just made. It will be circulated to each of

21 you. That will be the final written decision once you sign

22 off on that, but it will match your vote that you've made

23 today. So for your clarification you'll have a written

24 record and that will be the final decision that will be

25 given to Mr. Satkowiak as the final decision of the planning


Page 31

1 commission on that issue.

2 CHAIRMAN ROSS ROBBINS: And you'll draft the

3 letter to them so they'll know going forward what they're

4 supposed to do?

5 MR. THOMPSON: That's correct.

6 CHAIRMAN ROSS ROBBINS: All right. So a

7 motion to go to public comment that does not pertain to the

8 Satkowiak issue.

9 COLETT DOMINOWSKI: I make a motion to go to

10 public comment.

11 BETTY DOBROC: Second.

12 CHAIRMAN ROSS ROBBINS: Any more public

13 comment?

14 PAUL SATKOWIAK: I've got one. It don't even

15 pertain to me. Dewey, down the road from me, you know, last

16 night he was still working, trucks were going by my house

17 full of sand. Nobody's stopping them.

18 CHAIRMAN ROSS ROBBINS: I don't know where

19 they're hauling from, Paul.

20 PAUL SATKOWIAK: They're down the road. I

21 can show you the tracks. They don't even stop for the stop

22 sign. This is true.

23 CHAIRMAN ROSS ROBBINS: Are they working in

24 Kawkawlin Township digging on the --

25 PAUL SATKOWIAK: No, it's Beaver Township.


Page 32

1 COLETT DOMINOWSKI: Is there a special use

2 permit for them?

3 PAUL SATKOWIAK: It went through us at 8:30

4 last night.

5 CHAIRMAN ROSS ROBBINS: Working hours, I've

6 got -- special use permits, I've got -- you have working

7 hours to go by, just like yours does, just like mine does.

8 PAUL SATKOWIAK: It doesn't set them for

9 everybody.

10 CHAIRMAN ROSS ROBBINS: I understand. I

11 don't follow trucks around for $60 a meeting to chase them,

12 so that's, that's their -- their pit is in Kawkawlin, I know

13 that for sure.

14 PAUL SATKOWIAK: I guess I just have one more

15 question. Does everybody need a special use permit if they

16 bring a business vehicle home? Because that would be

17 discrimination.

18 CHAIRMAN ROSS ROBBINS: No. It's when you're

19 operating a business out of your home.

20 PAUL SATKOWIAK: I guess I --

21 CHAIRMAN ROSS ROBBINS: It's different. When

22 you have employees coming and going --

23 PAUL SATKOWIAK: (Inaudible)

24 CHAIRMAN ROSS ROBBINS: It depends on the

25 nature of the business. It depends on if --


Page 33

1 PAUL SATKOWIAK: It's a semi. He's bringing

2 it home every night.

3 CHAIRMAN ROSS ROBBINS: It depends on if the

4 neighbors want to go complain about it. I don't -- if

5 there's other small businesses being ran out of homes in the

6 township, if the neighbors don't complain about it, there's

7 nothing -- just they don't have a, a political official

8 case, I'm done.

9 Does anybody else have a public comment? Elizabeth?

10 ELIZABETH KORNACKI: Would it be appropriate

11 to make a comment about special use permits in general at

12 this point, or --

13 CHAIRMAN ROSS ROBBINS: You can. It's your

14 public comment.

15 ELIZABETH KORNACKI: Okay. Well, being kind

16 of new, six years here in the township, my neighbor, rest

17 his soul, at one point was going to sell wood and, you know,

18 no big deal. People come in, they buy some wood and they

19 leave. However, if he had started cutting the wood and, you

20 know, big trucks come in and stuff it would have been a

21 different story. So to me when I started looking through

22 the township board minutes, what, when, where doing it,

23 there seems to be something lacking there like a special use

24 permit for a guy that's selling wood or a guy that's running

25 a lawnmowing business is different than a commercial, big


Page 34

1 trucks coming in and out. So I'm hoping that special use

2 permits will be looked at more carefully and spelled out in

3 detail, because I think that's what -- where some of the

4 problem lies, and there are some very nice new residences in

5 Beaver who went through a rezoning because of that. And so,

6 you know, consider what's the difference between having to

7 rezone and getting a special use permit.

8 CHAIRMAN ROSS ROBBINS: Okay. Any other

9 public comment?

10 TINA ATKINSON: I have a question.

11 CHAIRMAN ROSS ROBBINS: Go ahead.

12 TINA ATKINSON: My husband drives semi and he

13 brings it home. We have a camper. And we also ride Harley

14 Davidsons. My question is, we've been out here since 1992,

15 are we -- is this going to be a form that all the people

16 that have like large campers -- and the woman said about,

17 you know, real estate and stuff like that that's an eyesore,

18 and I know that the Home Association in town, they don't

19 allow people to park their campers on their property and

20 blah-blah-blah-blah-blah, so is this what this going to come

21 to out here in the country, that we're not going to be able

22 to have -- I mean it's --

23 COLETT DOMINOWSKI: I think that looking at

24 the complaints that we've received, a camping trailer is

25 much different than the large equipment of the pictures that


Page 35

1 we've received.

2 TINA ATKINSON: What about my husband's semi?

3 I mean it is, it is for work and he does go to work and --

4 MR. ATKINSON: If I'm home by 7.

5 TINA ATKINSON: Right. That's impossible.

6 He's an over-the-road contractor. He comes in at different

7 hours, you know, and he is very courteous to our neighbors

8 and stuff. And is our motorcycles when we go up and down

9 the road, you know, we don't rev on them to disturb our

10 neighbors and stuff, but there is a few people that's out in

11 our neighborhood that really do get down on them and it

12 cracks your ears. Like, you know, we live in the country.

13 We kind of like leave people alone.

14 CHAIRMAN ROSS ROBBINS: That's true. But

15 special use permits are designed to let small business

16 people run out of their home.

17 TINA ATKINSON: Right.

18 CHAIRMAN ROSS ROBBINS: And it has specific

19 guidelines. And just like Mr. Gray started the meeting

20 with, it's not a right, it's a privilege, that you're

21 telling your neighbors this is what you're going to do and

22 this is what you're going to abide by. And if you don't,

23 here we sit. So I don't where -- how else to answer your

24 question. No, we're not going to chase campers. I used to

25 live in a subdivision. I know exactly what you're talking


Page 36

1 about, but that's covenants inside of a subdivision.

2 TINA ATKINSON: Right.

3 CHAIRMAN ROSS ROBBINS: But no, that's --

4 TINA ATKINSON: But my question is like the

5 semi and stuff, we've been, like I said, he's been driving

6 truck since -- our entire marriage and we've been out here

7 since '92 and we've never had any issues. Are we going to

8 have -- are we going to encounter -- do you foresee that

9 this is going to be a problem?

10 CHAIRMAN ROSS ROBBINS: You're not running a

11 business out of your home.

12 TINA ATKINSON: No.

13 CHAIRMAN ROSS ROBBINS: You're bringing your

14 livelihood home and leaving that day. You're not running

15 employees and --

16 TINA ATKINSON: No.

17 CHAIRMAN ROSS ROBBINS: -- everything else.

18 And that's different. Loren Bishop is right across the road

19 from you guys, he's got a special use permit. It's no

20 different.

21 Any other questions?

22 TINA ATKINSON: Thank you.

23 CHAIRMAN ROSS ROBBINS: You're welcome.

24 No other public comment?

25 Okay. Ask to make a motion to close.


Page 37

1 BETTY DOBROC: I make a motion to close

2 public comment.

3 KEN BEAUDIN: Second.

4 CHAIRMAN ROSS ROBBINS: Okay. Motion to

5 adjourn.

6 KEN BEAUDIN: I'll make a motion to adjourn.

7 BETTY DOBROC: Second.

8 CHAIRMAN ROSS ROBBINS: Okay. Meeting

9 adjourned.

10 (Meeting adjourned at 7:13 p.m.)

11 -o0o-

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Page 38

1 STATE OF MICHIGAN ) ) SS

2 COUNTY OF BAY )

3

4 I certify that this transcript, consisting of

5 37 pages, is a complete, true, and correct record

6 of the proceedings held in this case on August 1, 2019.

7 I also certify that I am not a relative or

8 employee of or an attorney for a party; or a

9 relative or employee of an attorney for a party;

10 or financially interested in the action.

11

12

13

14

15

16 August 5, 2019 _________________________________ Patsy A. Aguilera, CER-7086

17 Notary Public, Bay County, MI My Commission Expires: 3-17-20

18 5283 Stillwater Road Bay City, MI 48706

19

20

21 paa:143410 twp mtg

22

23

24

25

Beaver Township Planning Commission Meeting August 1, 2019Beaver Township Planning Commission Meeting August 1, 2019

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143410 beaver township planning commission meeting · ross robbins, chairman ken wishowski tom...

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