REGULAR MEETING – JULY 14, 2010
MEETING ROOM – 7:00 P.M.
Meeting called to order by Chairperson Kubicek.
Present: Kubicek, Borucki, Blair,
Absent: Bredin
Also present: Jim Foulds, CPS
No public comments about non agenda items.
Minutes of May 12 and June 9 meetings were approved.
Blair gave report from Township Board.
Kubicek reported on the approval of a setback granted by the Board of Appeals that was previously approved but expired due to inaction.
STOVER SPECIAL USE PERMIT:
Borucki moved and Johnson seconded to untable Stover SUP request. Carried
unanimously.
Kubicek reviewed materials received.
Foulds gave his report and recommendations based on submissions by the applicant since the June meeting. They included site plan documents, zoning requirements of 8.3.3(7) and operational and permitting characteristics. The recommendations include haul route, security fencing, hours of operation and private well protection agreements.
He discussed
the DNRE letter which stated that a Part 301 permit is required and a Part 303
permit requirement is yet to be determined. Comments were received from the
Eaton County Road Commission on the road access, road maintenance bond
requirements and the annual haul route permit. The Eaton County Drain
Commission issued a Soil and Erosion and Sedimentation Permit.
Discussion was held on the recommendations in the report and on modifying the proposed hours of operation and addressing noise issues from generators and trucks.
Borucki suggested changes to the proposed hours limiting hours and moving startup hours later.
Stover was concerned about normal truck and farm noises being discernable from exhaust brake noises.
Kubicek asked about requiring the south drive access on to Nixon discussed a previous meeting. This would require drain issues to be addressed
Foulds said that Eaton County Road Commission issued permit based on site distance and speeds. We have no study or facts to modify the proposed drive on the basis that it would negatively impact the surrounding neighbors.
Borucki noted that the Eaton
County Road Commission moved the access on to
Pray discussed the other restrictions by Eaton County Road Commission.
Borucki stated that only 12 truck loads at the most are proposed per day.
Kubicek noted that Eaton County Road Commission is OK with this proposal based on its requirements and that probably not many other trucks will be using Nixon.
Borucki moved and Johnson supported the resolution to recommended by the Windsor Charter Township Planning Commission to the Windsor Charter Township Board that the application for a Special Use Permit to allow the extraction, processing, and hauling of sand and aggregate from the Nixon Road site as described in the application document and supportive materials filed by McLean & Son Trucking and Excavating be approved subject to conditions (see attached).
Ayes: Pray, Johnson, Kubicek,
Borucki, Burton, Blair
Nays: none
Abstain: none
Absent: Bredin
Resolution adopted 6-0
MARIHUANA ORDINANCE:
Foulds discussed the legislation which requires local jurisdictions to address Medical Marihuana issues. Commission members reviewed draft ordinance prepared by Township attorney. It would allow growing operations only in M-1 and M-2 zoning districts outside 1000 foot drug free zones, and prohibits product use gatherings.
Borucki moved and Johnson seconded to set a public hearing on the proposed ordinance for the September 8 meeting.
Carried unanimously.
No other new business.
Public Comments – None.
With no further business Borucki moved and Pray seconded to adjourn the meeting.
Carried unanimously. Adjourned at 8:22 P.M.
Daniel Blair, Secretary