Email from Township Clerk, the Planning Commission is authorized to decide on the special use permit.

I received the following email today from Vassar Township Clerk, Mike Clinesmith.  This means there is no need to attend Tuesday's meeting.  The special use permit was denied by the planning commission and that is final.

Dear Janice,

Gilling's Permit is not on the agenda for the Vassar Township Board July 9, 2013 meeting.  I will not state it will not be discussed "on July 9, 2013 or at any time", as any relevant township business may be discussed at regular meetings.

According to the Township of Vassar Planning Commission Ordinance adopted by the Board of Trustees on March 10, 2009, the Planning Commission is authorized to hear and decide any requests for special land use approvals, and according to Article 17, section 17.02 of the Vassar Township Zoning Ordinances, adopted September 13, 2011, "An appeal may be taken to the Zoning Board Of Appeals by any person wishing to appeal for a variance from any ordinance provision or appeal any final decision of the Zoning Administrator or the Planning Commission, including special land use decisions."

As of this time, I have not seen any paperwork from Gilling regarding an appeal to the Zoning Board of Appeals.

Michael Clinesmith
Vassar Township Clerk

On 7/2/2013 6:47 PM, Mihora, Janice D wrote:

Vassar Township Board

Vassar Township Planning Commission
Vassar Township Zoning Board of Appeals

I have been told that the special use permit for Robert Gillings' at 4165 Sheridan Road, Vassar, MI  will not be discussed at the Vassar Township Board meeting on July 9, 2013 or at any time.

I have been told that the decision to deny his request by the Vassar Planning Commission is final and does not need to be discussed or also denied by the Vassar Township Board.

I have also been told that Mr. Gillings has not approached the Vassar Township Zoning Board of Appeals or submitted an appeal to the Vassar Township Zoning Board of Appeals.

Please respond and let me know if these statements are true or false. 

I did speak with Mike Clinesmith and Curtis Pennell about this today but would like an email record of your responses.

Thank you, 

Janice Mihora
502-645-8646
Property Owner at:
3171 Waterman Road
Vassar, MI  48768

What I learned today - Does it have to be denied by the Township Board????

I received a couple of phone calls from neighbors saying the Planning Commission's denial of Mr. Gillings' special use permit does not have to be denied by the Township Board.

I called Mike Clinesmith who said it does not have to go before the Board.  He said that Gillings' special use permit will go no further.
I called Curtis Pennell who said it does not have to go before the Board.  He said that Gillings' special use permit will go no further.

I AM WAITING FOR AN EMAIL CONFIRMATION ON THIS.  I WANT THIS IN WRITING.

I don't want to say it is so without confirmation because that just seems too easy.  I will post more information when I receive it.

More to say about - you can do whatever you want with your property.

Of course you can do whatever you want with your property-- WITHIN LIMITS. 

Once you infringe on the rights of others it is another matter. 

 

There are laws, regulations, permits for a reason. We limit mining such as gravel pits because they are harmful. Necessary? Yes, in the right location. Next door to my home is the wrong location.  Next door to your home is the wrong location.

With this pit, there would be noise, pollution and dust, loss of taxes (a gravel pit is taxed as vacant property), loss of property value, loss of potential home building (and employment and taxes) and the safety of our children catching the school bus et cetera will be in peril.

The Right To Have Control Over Your Own Property

It was said by the Township Clerk on the Vassar Township Common Sense Facebook page that people should have control over their property.

Let me point out:

1. Mr. Gilling does not own this property so that statement does not apply in this case.

2. I agree people should have control over their own property AS LONG AS IT DOES NOT INFRINGE ON THE RIGHTS OF OTHERS! 

3. The neighbors of this proposed sand and gravel operation have the right to clean air, clean drinking water, safe roads, a quiet neighborhood and stable property values.  Mr. Gilling's sand and gravel operation would ruin our quality of life that we so enjoy now.  No one has the right to take these things away from us.

Development or Abandonment?

It was said on the Vassar Township Common Sense Facebook page by the mother of one of the board members that "the final purposed development would result in a lake and 15 building sites for new homes".

I would like to share what a planning commission member said in response to her nonsense: "No former pit in the township has ever to my knowledge been made into lots for homes, sold and occupied.  Drive around the township and you will see examples of former pits in various states of reclamation but none that are being used as a center for housing".  I agree with the planning commission member.  Does anyone out there know of a former pit that has been made into housing?  From my experience I have only seen abandoned pits. 

This planning commission member was the voice of reason at the last meeting when they voted to deny Mr. Gilling's special use permit.

The board member's Momma doesn't know what she is talking about.  In fact, she has a one sided view of a sand and gravel pit.  Are they still leasing property to a sand and gravel operation? 

New Information

New information on Mr. Gilling.  I've been told that he does not plan to start a sand and gravel operation.  Instead he wants the special use permit to buy the property and re-sell for a profit to a different sand and gravel company.  The Township set a precedence by allowing the Hoerlein permit to transfer over to Eggers Sand and Gravel Operation. 
If Mr. Gilling is allowed his special use permit, sells to another company, the Township will not have the authority to set rules and regulations on the new operation. 
What is the truth?  Is he planning to mine for sand and gravel or sell for a profit?
This must be stopped.

Portage Township Michigan - Neighbors file lawsuit over sand and gravel pit

http://www.mininggazette.com/page/content.detail/id/525917.html

The neighbors filled lawsuit over the sand and gravel pit near their home.  It is now in the court of appeals.