Proposed Minutes

Of the

Baroda Township Planning Commission Meeting and

Public Hearing

September 14, 2009

PRESENT ABSENT STAFF/OTHERS

Madeleine Carroll, Chair none Paul LeBlanc, Planner

Ed Heyn, Tom Lippert

Dean Schmaltz, David Schultz

Tom Shafer, Wendie Shafer

Chairwoman Madeleine Carroll called the meeting to order at 6:30 p.m. in the Baroda Township Municipal Building Meeting Room. There were fifteen audience members.

The minutes of the August 10, 2009 Planning Commission meeting were distributed and discussed. Dean Schmaltz moved, seconded by Dave Schultz to approve the minutes as presented. Vote - All Yes. Motion Carried.

There was no Building Inspector’s report.

Madeleine Carroll announced that the order of the agenda would be changed to address the set back issue concerning the Campground Ordinance amendment that was sent back to the Planning Commission by the Township board. There was much discussion and some audience comment on the subject. Paul LeBlanc from Langworthy Strader LeBlanc Planning Company answered questions and recommended that if the Planning Commission wished to reserve the right to alter setbacks on a case by case basis, there should be specific guidelines put into the language to avoid the perception of ruling in an arbitrary or exclusionary manner. Tom Lippert asked if it would apply to Baroda Township that once a site condominium lot is owned that it can become a homestead thus a permanent residence, and could be occupied all year. Mr. LeBlanc replied that the way the Campground ordinance amendment is written there would be no possibility of that type of activity to be allowed in Baroda Township.

Ed Heyn moved, seconded by Madeleine Carroll to maintain the 100’ setbacks and send the recommendation back to the Township Board. Vote Yes-3, No-4 Motion Failed.

Tom Shafer moved, seconded by David Schultz to keep the setbacks that are established in the zones and to add language giving the Planning Commissioners the authority to alter the setbacks on a case by case basis. Vote Yes-2, No-5 Motion failed.

Madeleine Carroll moved, seconded by Tom Lippert to make the setback 100’ from the front property line and 75’ from the sides and rear property lines. Vote Yes-3, No-4 Motion failed.

Wendie Shafer moved to keep the original zoning setbacks and add that the set back must be at least 150’ from any residence. No second. Motion failed.

Tom Lippert moved, seconded by Ed Heyn to make the front setback 100’ from the property lines and 50’ from the side and rear property lines. Vote Yes-Tom Lippert, Wendie Shafer, Ed Heyn, Dean Schmaltz, Tom Shafer; No- Madeleine Carroll, and David Schultz. Motion Carried.

Ed Heyn moved, seconded by Tom Shafer to add language that the Planning Commission would reserve the right to alter setbacks on all Special Land Use Permits based on zoning and impact to the surrounding area. Vote – Yes-Tom Lippert, Ed Heyn, Madeleine Carroll, Dean Schmaltz, David Schultz, Tom Shafer, and Wendie Shafer. No- none. Motion Carried.

Chairperson, Madeleine Carroll opened the Public Hearing on the Special Use Application from the Baroda Church of God at 8:08 pm. Pastor Kendall Holder and Brian Nitz answered questions from Commissioners and supplied requested letters of approval from the Drain and Road Commissions. One audience member expressed concern that a person the Church has been dealing with concerning an easement would cause problems with the project.

The Public hearing was closed.

The Commissioners went through each of the eight points of the basis of determination and agreed unanimously that the general standards and each point was met by the applicants.

Madeleine Carroll moved, seconded by Ed Heyn to approve the Special Land Use Permit to the Baroda Church of God on the basis that they will have adequate parking spaces, letters of approval from the County Road and Drain commissions and that one on sight sign would be permitted on the property per the regulations set forth in the Zoning Ordinance. Vote – Yes-

Madeleine Carroll, Tom Lippert, Ed Heyn, Wendie Shafer, Dean Schmaltz, David Schultz, and Tom Shafer. No- none. Motion Carried.

NEW BUSINESS – A letter recommending the scheduling of a public hearing for a Special Use permit application from David Leslie for a tourist home was distributed in the absence of the Zoning Administrator. A public hearing for the application was set for October 12, 2009 during the regular Planning Commission meeting.

Chairperson Madeleine Carroll reported that the annual review for the Mark Schutze Nimby Pond races events, and Worthenbury Special Land Use Permits were due to be done in October. She said the Building Inspector and Fire Chief would need to re-inspect the Worthenbury tourist home as well as the home proposed to be used by Mr. Leslie for a tourist home to be address in October.

Dean Schmaltz moved, seconded by Ed Heyn to request that the Township Board have the Ordinance Enforcement Officer contact Durwood D’Agostino about cleaning up the eyesore at the front of his commercial property on Shawnee Road.

The Planning Commissioners set three special dates for the purpose of working on the Master Plan. These dates are: Wednesday November 18, Wednesday, December 2, and Wednesday December 9, 2009, each meeting to begin at 6:30 p.m.

ADJOURNMENT – The meeting Adjourned by Madeleine Carroll at 9:06 p.m. The next regular meeting of the Planning Commission is to be held on October 12ept, 2009.

Wendie Shafer,

Secretary, Baroda Township Planning Commission