Neighbors, developer spar over Motomania

Some property owners adjacent to the site of a new ORV [off road vehicle] park are upset over the new Michigan Monomania development on Mostetler Road in Harrison.

Approximately 40 people attended the March 16 meeting of the Hayes Township Board, many to protest the development.

Granted a “special use” permit last October, developer Doug Longenecker of Freeland then purchased 200 acres of land from Ken Gamble for the park, which is now under construction and scheduled for a “limited” opening May 1.

Township residents, upset over what they call an illegal approval by the Hayes Township Planning Commission last fall, as well as noise, soil erosion, pollution and dust raised when the park is in operation.

“I have property up here because of the peace and quiet,” said property owner Dean Kusiak, who called himself an “avid hunter and fisherman.” He owns property across the road from the site.“They are cutting trees, trespassing on adjacent property and driving the wildlife away.” Kusiak said. “It [the property] is zoned residential, agricultural, but they got a special use permit. Property owners weren’t notified.”

He said he has filed and circulated two petitions, with 55 total signatures so far, one for Mostetler Road residents and one for Hayes Township residents, saying they “strongly oppose the construction of a commercialized motocross/campgrounds proposed to be developed on the 200 acre properties…located two miles east of Old 27 (Business 127).”

In a phone interview, Kusiak said they have hired an attorney and hope to file an injunction to “cease and desist further activities [at the site] this week.”

Valerie Kusiak presented the petition to the township board at the March 16 meeting.

At the township meeting, according to the unapproved minutes, Don Atkinson, a Mostetler Road resident said the Zoning Board had violated the law of the township.

Virginia Collins said she wanted the noise ordinance revisited and mentioned soil erosion from the logging activities on the site.

Patricia young, whose property is “horseshoed by the Longenecker property said the noise from the track is unacceptable and damaging her health and that riders were trespassing on her property.

On the other side of the controversy, David Basinger of Hidden hills Campground said that Motomania is not a racetrack but an off-road track and said bringing business to the area is extremely important.

A representative of Rocks and Valleys said off-roaders will spend money locally and Atkinson said the problem is with the board and elected officials not following the rules. He said Longenecker acted in good faith and the situation is not his fault.

Longenecker said Wednesday afternoon that he is trying to stay out of the controversy, which he feels is between Hayes Township and the opposing property owners. He said a petition supporting the development is also being circulated by Hayes Township residents in favor of the development.

“We have done everything the township asked us to do,” Longenecker said Wednesday afternoon. The Planning Commission didn’t use all of the information we had, and we have provided more to them now. We went through all of the proper channels with the township, Department of Natural Resources and the Department of Environmental Quality and have provided, as far as I know, all [information] they needed.”

He said the Harrison site was chosen because it is “the perfect place with natural terrain.”

“We looked at property all over the state,” he said. “The 200 acres will be beautiful when we are done.” He said the development will have “multiple courses,” three large G.P. courses, five kid’s courses, an open scramble area and one short oval course and in between the courses, single and two-track courses. “These won’t be race tracks,” he said. “This is a family facility.”

He also said the courses are being constructed at the “rear of the property” and will be screened by trees to help keep the noise down. He added that the facility will not be a campground and use will be only until 7:30 p.m. in the evening.

“We want to be a good neighbor,” he said.

The October approval of the special use permit has also been called into question.

Township Attorney David Dryer, of Harrison, provided a ten page opinion at the March 16 meeting that Tara Hovey explained at the meeting.

She said the October meeting should have been published and adjacent property owners notified.

The letter also recommended that the Hayes Township Board adopt a resolution to “reconsider the application of Douglas Longenecker for a Special Use Permit…give Longenecker a reasonable time to submit an amended application along with a site plan…review the amended application…schedule a public hearing and publish a notice of the meeting…after the public hearing, discuss and vote on the request…and make a concluding statement citing the reasons for their decision.”

The decision of the Planning Commission should be referred to the Hayes Township Board for review and the Planning Commission could be appealed by any “interested party.”

In the letter, Dreyer said the township board does not have the “legal authority to ‘red tag’ or otherwise stop the activities on the property. Only the Clare County Circuit Court has the power to issue injunctions or other court orders pertaining to this matter.”

The township board unanimously approved the recommended resolution to have the Hayes Township Planning Commission reconsider the application for a special use permit for Doug Longenecker.

“We are doing everything we can to try and correct the situation,” Hayes Township Supervisor John Scherrer Wednesday.

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Source: http://www.clarecountyreview.com/?p=4432

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