Draft

MARION TOWNSHIP

PLANNING COMMISSION

PUBLIC HEARING—AT&T COMMUNICATION TOWER

MEMBERS PRESENT: John Lowe, David Hamann, Jean Root, Jim Anderson and

Debra Wiedman-Clawson

MEMBERS ABSENT: None

OTHERS PRESENT: Annette McNamara, Zoning Administrator

John Ambrose, Township Planner

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CALL TO ORDER

John Lowe called the Public Hearing to order at 7:15 p.m.

APPROVAL OF AGENDA

Dave Hamann motioned to approve the agenda. Jean Root seconded. Motion carried 5-0.

OLD BUSINESS

AT&T Communication Tower

Michael Sivore from AT&T Wireless presented the revised site plan and conceptual plan for the communication tower.

The proposal includes a 95 foot monopole structure. The tower will accommodate an additional five carriers. The tower

will be within an 80 x 80 fenced compound. Access road located behind township hall. Numerous meetings, finalized,

clarified grading on this site plan. The main intention is to provide coverage for the township. John Ambrose wanted to

clarify the purpose of the public hearing is based on the criteria found in Section 16.05 of the zoning ordinance which are

the general standards for which special use is approved. There are 11 criteria. Mr. Ambrose feels the proposed project

meets the criteria and feels recommendation would be appropriate. The landscape plan indicates white pines and

Mr. Ambrose feels that’s not a satisfactory screening material. Norway spruce or white spruce would be a much better

tree to use because they maintain foliage from the ground up over time.

CALL TO PUBLIC

Tom Baron, Fowlerville: Mr. Baron owns six acres 300 feet from the base of the tower and that’s his concern. He’s not worried

about the radiation. He wants to eventually sell the property and he’s concerned about the value of his land. Mr. Sivore said that

cell towers have unfortunately been lumped together with radio and television towers. The typical emission from a cell tower 195’

off the ground is less than 100 watts of power, which is less than a microwave oven. By the time 100 watts dissipates, it’s less than

zero. The FCC, along with OSHA, provides certain regulatory restrictions. Mr. Lowe asked how Mr. Baron accesses his property.

Mr. Baron said Bentley Lake Road. There’s only one building site, approximately 600 feet away. Most of the property is swampy.

Mr. Sivore asked if Mr. Baron had found any information that supports the theory that property values decrease? Mr. Baron had not.

Dave Hamann pointed out that the township is considering putting in a park, and that might affect his property value.

Mr. Baron feels that whether or not there are risks associated with cell towers, people still believe there are, and it certainly doesn’t

enhance his property. Ms. Root pointed out that property in her neighborhood close to high power lines sold as quickly and for as much

money as property that wasn’t under the lines.

Tom Klebba, 1615 Triangle Lake Road: Mr. Klebba suggested that Mr. Baron have a market analysis done now.

John Lowe said that 600 feet is quite a distance and should have no negative effect. The location the township picked

gives the most coverage and impacts fewer people. Debra Wiedman-Clawson asked how much buildable land Mr. Baron

has. Mr. Baron said approximately ½ acre; the remainder is wet. Ms. Wiedman-Clawson also felt a market analysis

would be a good idea.

ADJOURNMENT

Dave Hamann motioned to adjourn at 7:40 p.m. Jim Anderson seconded. Motion carried 5-0.

MARION TOWNSHIP

PLANNING COMMISSION

REGULAR MEETING

MEMBERS PRESENT: John Lowe, David Hamann, Jean Root, Jim Anderson, & Debra Wiedman-Clawson

MEMBERS ABSENT: None

OTHER PRESENT: Annette McNamara, Zoning Administrator

John Ambrose, Township Planner

Sue Lingle, Township Treasurer

Bob Hanvey, Township Supervisor

Tom Klebba, Township Consultant

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CALL TO ORDER

John Lowe called the Regular Meeting to order at 7:40 p.m.

APPROVAL OF AGENDA

Dave Hamann motioned to approve agenda. Debra Wiedman-Clawson seconded. Motion carried 5-0.

APPROVAL OF MINUTES

February 25, 2003 Regular Meeting

Jean Root motioned to approve minutes as amended. Jim Anderson seconded. Motion carried 5-0.

March 4, 2003 Ordinance Workshop

Jean Root motioned to approve minutes as amended. Jim Anderson seconded. Motion carried 5-0.

OLD BUSINESS

AT&T Communication Tower—Final Review

Michael Sivore presented a revised grading plan that includes grading for the road as well as the tower compound.

Also included is soil erosion detail in response to Tetra Tech’s review letter. Debra Wiedman-Clawson asked if there

was underground wire or cable running to the tower. Mr. Sivore indicated power comes in from electric pole.

If necessary, another transformer could be added. John Lowe pointed out that drawing Z-3 shows proposed

underground power. Mr. Lowe asked if the original site plan was revised to address drainage issues within the

fenced area. Mr. Sivore said the architect changed the elevations to accommodate the 1% slope. Mr. Lowe

indicated the township needs to have the drawings that reflect the change. Mr. Sivore indicated the drawings were

just forwarded to Tetra Tech. The smaller fenced section is 967 and the area around the fence is the same elevation.

Without some kind of pitch, the water will just sit there. Basically, the contours on the east side need to be readjusted.

Mr. Lowe asked Tom Klebba if the elevations meet the requirements for the driveway. Mr. Klebba said yes. Mr. Lowe

indicated the grade changes should be dropped about ½ foot; move the contours back on the hill and put a 966 swale

on the outside of the fence and change elevation on corner to 966.5.

Three items: driveway elevations, grade changes and change trees from white pine to Norway. Work out with zoning

administrator if finding Norway is a problem. Mr. Lowe asked for clarification on the procedure for co-locators.

Mr. Sivore said typically the gravel is pulled back and ground wiring is installed. The gravel and geotextile is

replaced. Mr. Lowe asked about the type of gravel that will be used. The plans indicate 22A. Mr. Lowe would

like to ask that limestone be used (21AA crushed). Mr. Lowe asked if AT&T would maintain the area. Mr. Sivore

said not if it’s used for township traffic. The compound will be gated. If AT&T and co-locators are the only ones

using the driveway, AT&T will install gate at parking lot.

Call to the Public: None.

Motion

Jean Root motioned to recommend approval for Special Use Permit for AT&T Wireless Services,

Parcel #4710-22-300-019, pursuant to Section 16.05, Basis for Determination, items 1-11 have been satisfied,

subject to an approved site plan. Jim Anderson seconded. Roll call vote: Jim Anderson, Jean Root, John Lowe,

Dave Hamann, Debra Wiedman-Clawson–all yes. Motion carried 5-0, to be forwarded to Township Board.

Jean Root motioned to approve the site plan for AT&T Wireless, Parcel #4710-22-300-019, dated 3/14/03,

with the following conditions:

Need input from Tetra Tech on new site plan. Any changes will be handled administratively by township z. a.
Compound elevation should reflect proper drainage.
White pines should be replaced with Norway pines or an acceptable alternative.
Limestone gravel or 21AA gravel should be used for the driveway.
At this time, the driveway shall be gated at the parking lot entrance.

Dave Hamann seconded. Roll call vote: Debra Wiedman-Clawson, Dave Hamann, John Lowe,

Jean Root, Jim Anderson—all yes. Motion carried 5-0.

Marion Township Hall Addition—Final Review

Tom Klebba was present to address the following issues from the preliminary review.

Radius on the curves has been redone.
Confirmed that septic lines from new building are correct.
Existing well and water will be used, which is noted on print.
Handicap parking on lower level will be addressed when required
Dumpster area will be on concrete slab and screened by arbor vitas.
Landscape plan is provided. More vegetation/flowers will be planted by the Marion Township Garden Club.
In addition, two trees will be relocated.

Call to the Public: None.

Motion

Jean Root motioned to approval final site plan for the Marion Township Hall addition and renovation,

Parcel #4710-22-300-019, on site plan dated 3/17/03. Jim Anderson seconded. Roll call vote:

Debra Wiedman-Clawson, Dave Hamann, John Lowe, Jean Root, Jim Anderson—all yes. Motion carried 5-0.

Mr. Lowe asked if any service groups were available to plant trees, etc., such as the Boy Scouts, 4-H, Junior

Master Gardener, Girl Scouts. Mr. Lowe offered to donate mulch.

Proposed Ordinance Amendments

Section 5.05 C—Variances

The copy presented at this meeting includes new item 6.

Jean Root motioned to send Section 5.05 C—Variances, as submitted to John Ambrose, to township board for its

approval. Debra Wiedman-Clawson seconded. Roll call vote: Jim Anderson, Jean Root, John Lowe, Dave Hamann

and Debra Wiedman-Clawson - all yes. Motion Carried 5-0.

Section 17.10—Communication Towers

Jean Root motioned to table this item until the next regularly scheduled meeting. Jim Anderson seconded.

Motion carried 5-0.

Section 6.14—Home Occupation

John Ambrose was requested to provide information regarding home occupations, livestock standards and civil

infractions. Many communities use a similar ordinance. Home occupations can be problematic. The main

difference in this document is that home occupations are classified in three areas: Class I—no impact, no

Planning Commission approval; Class II—minimal impact, requires Planning Commission approval, applies to all

districts; Class III—more impact, allows use of accessory structure, requires public hearing (same as Special Use

Permit), requires Planning Commission approval. Conditions can be created in approval. Class III is for the life the

applicant, not the property. Fees can be set for Class III. Discussion was held regarding classifications.

Bob Hanvey asked why approval would be required for a Class I? Mr. Ambrose said some communities allow a

certain percentage of the home area to the used. Mr. Hanvey feels that isn’t something the township can verify.

Mr. Ambrose feels that most people will come to the township if the ordinance requires. Mr. Hanvey also asked if

zoning ordinances are retroactive? Mr. Ambrose said absolutely not. Mr. Lowe would like verbiage (similar

to 2 b 1 in Class II) added to Class III to state that activity needs to remain inside accessory structure. Mr. Lowe

also said that some of the “home occupations” exceed the limits established in the Class III definition. Sue Lingle

asked if reference is made to number of employees. Mr. Ambrose said the restriction of employees applies to all

classes. Mr. Ambrose feels that if a business has employees, the business belongs in an industrial or commercial

district, not residential. Ms. Root suggested regulating items such as chemical storage, hours of operation,

storage areas, noise, etc., instead of regulating the business itself. Mr. Ambrose said the problem with that

approach is that if the township doesn’t enforce in all cases, the worst offenders can’t be taken to court. Most of the

complaints the township receives are about outside storage of equipment or excessive traffic.

NEW BUSINESS

Review of Site Plan Checklist

Debra Wiedman-Clawson gave a brief description of the site plan checklists from various townships and asked

committee members to review and comment at the next meeting.

CALL TO THE PUBLIC

None.

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 9:30 p.m. Jean Root seconded. Motion carried 5-0.