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Re: E-M:/ legal issue: MHP rezoning



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Enviro-Mich message from Andrew Mutch <andrewimutch@yahoo.com>
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Susan,

I would echo what Bonnie said regarding suing the
Board. Local officials tend to be more responsive to
carrot methods as opposed to stick methods. Try to
work with them in whatever way possible to stop the
rezoning, if they are so inclined to do so. However,
always make sure that you are preserving your legal
remedies as allowed by law. Some people only seem to
respond to the stick.

Andrew Mutch
Novi




--- Bonnie Shupe <BONNIES@cannontwp.org> wrote:
>
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> Enviro-Mich message from "Bonnie Shupe"
> <BONNIES@cannontwp.org>
>
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> 
> Before you decide to sue the Township Board, I think
> it would be better if you tried to educate the whole
> Board on what can be done for MHPs.  I do know that
> there is one being constructed in Courtland Township
> in Kent County and they are required to have the
> proper permits and comply with DEQ regulations.  It
> is very frustrating because they are exempt from a
> lot of local zoning ordinances, but I believe they
> have to follow general ordinances.  
> 
> Does your community have a storm water ordinance? 
> If not, I would be happy to send a copy of ours. 
> Kent County has a good model ordinance, but ours is
> even more restrictive.
> Bonnie Shupe, Cannon Township Clerk/Watershed
> Administrator
> 
> >>> Susan Miller <smiller179@comcast.net> 12/02 3:37
> PM >>>
>
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> Enviro-Mich message from Susan Miller
> <smiller179@comcast.net>
>
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> 
> I'd like some input on a potential groundwater
> mismanagement issue and the
> possibility of legal action.   I own 19 acres of
> land in Lodi township (just
> south of Ann Arbor) that has extensive wetlands. 
> Most of this land is
> seasonally flooded beech-maple forest.  Lodi
> Township is being asked to
> rezone 47 acres of land--bounding my property on two
> long borders--from
> Agricultural to Mobile Home Park rezoning.  The aim
> is to expand the
> existing Orchard Grove MHP (on Wagner, between
> Scio-Church and Waters).  No
> one in the community wants the expansion--not the
> residents of the existing
> park or the township planners or  the other
> neighbors--but historically
> these MHP's get shoved down the throats of
> municipalities with law suits
> initiated by the developers.
> 
> The groundwater issue is as follows.  The 47 acres
> proposed for the MHP fall
> within the domain of the DEQ's new phase II
> groundwater regs.  I know there
> are some wetlands on the property and I also know
> that these wetlands
> interact a great deal with the more extensive
> wetlands on my own property.
> When I asked the Lodi township supervisor whether
> the developer would have
> to submit a plan for compliance with the new regs
> before getting rezoning,
> she said that they would not.  Furthermore, she
> indicated that MHP's are not
> governed by local governing bodies, but by a state
> level MHP-friendly
> commission.  She thought it likely they would get by
> with non-compliance
> with the groundwater regulations.  Even when MHP
> developers make public
> promises to local governing boards in order to get
> developments approved,
> they seldom follow through with what they've
> promised.  That scenario played
> out 10 years ago when Orchard Grove MHP was first
> expanded.
> 
> I am particularly worried because a very
> high-density project like the
> current Orchard Grove leaves essentially no
> undisturbed land.  Everything is
> cement or turf.  Given the interaction with my
> property--which I hope to
> preserve--I want to minimize disturbances that would
> negatively impact the
> ecosystem.  I'm wondering if I have any grounds for
> suing the township board
> should they fail to protect my property by rezoning
> the adjacent land with
> full knowledge that such rezoning will in effect
> exempt this land from DEQ
> groundwater regulations and degrade neighboring
> properties.
> 
> Any thoughts about the viability of such a strategy
> would be appreciated.
> 
> Susan Miller
> 
> 
> 
> 
> 
> 
> 
>
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