The formation of the Concerned Citizens for Arbutus Lake (CCAL) was triggered by a development that threatens Arbutus Lake's fragile environment.
The CCAL is a non-profit corporation. The members of its board receive no compensation. All money contributions are used for legal and technical experts, printing, mailers, and publicity particular to this very focal mission

A Letter from the CCAL President, Myrna Yeakle

OUR ORIGIN.

In April, 2005, it came to the attention of some Arbutus residents that a    land company had obtained an option to purchase the Salon property. Further, the option included a site plan that was, in our opinion, totally incompatible with the nature of Arbutus Lake's fragile environment. At that point, efforts were set in motion that led to the formation of an organization that could raise monies to help prevent such a devastating abuse of the environment. Because of constraints in the by-laws of the Arbutus Lake Association (ALA), that organization could not tackle the task at hand, hence, the formation of the Concerned Citizens for Arbutus Lake (CCAL).

Some members (Sue Foster, John Hoffman, Jim McDowell, and Myrna Yeakle) of the ALA board opted to remove themselves from the board so that there would be no muddying of the relationship between the two organizations. It must be understood that there was (and is) no friction between the two organizations (ALA and CCAL). We pledge to work in concert to protect the lake's environment. In fact, there is a vital role for each to play.

CCAL's MISSION

Ours is a two-pronged purpose. First, we are dedicated to promote a smart growth plan for the development of the properties around the lake. This requires consideration of not just the financial interests of a few, but also consideration of the health, safety, and aesthetic interests of all who enjoy the richness our lake offers as a sanctuary and recreational area.

Our second purpose is to obtain the legal and technical advisors who will help us achieve the purpose iterated above. This requires money. We need contributions far in excess of what is normally collected (by the ALA) to maintain the lake's health. Since we are a non-profit, ALL monies collected are devoted to paying the attorney, the environmental consultant, and any other specialists that may be required, and to the costs necessary for printing, mailings, and other efforts to publicize the issues at hand. The members of the board of directors volunteer their service and receive no compensation.            

WHO WE ARE.

Concerned Citizens for Arbutus Lake is a corporation with a board of directors. The officers are:

Additional members of the board are:
Michael Salata
Tom Tinker

We are currently awaiting responses from 4 other individuals who we have invited to also serve.

MEETINGS

We are currently meeting two days a week. All interested individuals are welcome and encouraged to attend the meetings. (This is a struggle for us today and for future generations.) Our meeting times are irregular, so please call an officer for information.
 

Bulletins

HOT !.

Bulletin 10June2005-1

:On June 7, 2005, the East Bay Township Planning Commission met for a second consideration of the proposed development on the west shore of Arbutus Lake. The developers brought an entire cadre of individuals from their firm (enough to fill the front row of the meeting hall.) Discussion continued to address the environmental impact of the proposal.

The chairman of the Planning Commission (Mike Nikels) must be commended in his leading the hearing, and he is to be thanked for having allowed public comment again. This is much too serious an issue to leap to judgment. At the end of the hearing, the issue was again tabled. The developers are being asked to effect a more detailed environmental impact study. 

The next meeting of the Planning Commission will be held on Tuesday July 19 at 6:30 PM at the East Bay Township Hall. While there will likely be no more opportunity for public comment, your presence is urged. This is the best way for you to remain informed and to demonstrate to all concerned that we are serious in our efforts to accomplish a more rational future for the land in question.

Bulletin # 2005-0607-1:
On 2005 June 7th radio interviewer Norm Jones (580 AM) stated to the CCAL (Concerned Citizens of Arbutus Lake) representative that the developers had the necessary health department permits for septics on the property in question.  THIS IS NOT TRUE.

Here is the truth. The usual procedure for developers is to ask the health department to give a preliminary evaluation of the area in question. Such an evaluation is NOT an approval of the area for septic systems; it is a superficial assessment. The truth is that many of the lots of the property in question would not be approved by the health department for a septic drain field for a variety of reasons (high water table, slope, unsuitable soils). Each lot of the development will have to be evaluated through its new owner before a septic permit would be issued. Hopefully, the prospective buyer will have the savvy to ensure suitablility before laying out any cash to purchase property.

Bulletin # 2005-0607-2:
 Many of you folks are just beginning to hear about the Salon property development proposal and need to be apprised of its outrageous nature. The following are the CCAL's key concerns:

• In excess of 400 acres of  undeveloped land on or adjacent to Arbutus Lake is being considered for a housing development.
• There are currently 227 homes proposed. (That's more than twice the current 100 homes along the entire lake.)
• Ninety of the homes are would be on a waterfront, a condo unit every 100 feet , much of which is unsuitable for waterfront development due to wetlands, 7 foot thick sediment (where the action of the sediment is dangerously difficult for a swimmer to escape), and very shallow waters which would not permit boat traffic into a dock.
• Twenty four of the homes would back onto an active oil well where there is some unclarified degree of ground contamination. Further, there is the issue of odor, noise, and tanker traffic through the development.
• Much of the land is unsuitable for septic drain fields, thus increasing the risk of plumes of sewerage leaching into the waters of the lake.
• Ninety more power boats on the lake will force a reduction of  speed limits on the lake, thus taking away its all-sports designation. Smaller boats with limited horse-power, canoes, kayaks, and sailing vessels would be the norm.
• Two thousand more vehicle trips a day will impact travel between Traverse City and areas south.

Preliminary Environmental Assessment:
the Salon Condominium Development  (Extracts)

3 May 2005  Christopher P. Grobbel, Ph.D.Ball Environmental & Planning Associates (Traverse City, MI)

Executive Summary:

This study was performed to assess ecological and hydrological conditions and review a site plan for single-family residential site condominium development at real property located within Sections 8 and 9, East Bay Township, Grand Traverse County owned by the Salon Real Estate Company, LLC. Local) state and federal records and previous studies were reviewed, and the vicinity of this location was visited for this preliminary assessment report. Based on this. assessment, the suitability of the site for proposed single-family site condominium residential development and increased use of the waters of Arbutus Lake were also evaluated.

We find that the subject parcel (hereafter referred to as the "site") is unsuited for single­family site condominium development and associated riparian use, as proposed, due to:

·     Shallow waterfront areas at the site; including Turtle Bay, coves, and shoreline marshes possess thick sequences of muck (up to more than 7 feet thick within 30 feet of the shore). These shallow, weedy, and mucky areas severely limit reasonable riparian use of proposed "waterfront" parcels.

·     Soils at the site are deemed "severely limited" for septic system operation dues to slope, subsidence, poor nutrient filtration (i.e. sandy), ponding, wetness, and/or slow percolation. Further, approximately 44% of proposed site lots consist entirely or predominant of slopes greater than 12% - widely considered unsuitable for subsurface septic disposal system installation and operation.

·     Historic lake levels (i.e. from 1986 until 1993) inundated portions of proposed lots as follows: (i.e. proposed access to. Lots 108 and 109, shoreline portions of Lots 128 and 129 along Tunic Bay (Lake No.4), shoreline portions of Lot 171 (Lake No.2), lowlying portions of Lots 181 and 182, and shoreline marsh portions of Lots 195 and 196).

·     Soil and groundwater contamination documented at an active oil well/dehydration facility at the site have not been flilly assessed in terms of environrnental and ecological impact and potential affect on the viability of specific lots within the site plan, as proposed.

·     Significant sedimentation and resultant aquatic impairment, pollution and destruction is likely to occur as the direct and indirect result of proposed residential development of steep sandy shoreline and mucky, weedy and shallow areas at the site.

·    Site plans are incomplete as: septic and water permits or preliminary approvals have not been obtained by the Applicant; and disclosure of severe limitations of riparian use at proposed lots along Tunic Bay, coves, and other shoreline march areas have not been made.

The uniqueness, geographic setting, undeveloped nature and natural diversity of the site and habitat requirements of certain plants and animals suggest the possibility that endangered, threatened and "of special concern" species could exist at or currently utilize this property.

As the Applicant is not the landowner (i.e. owner of record), site plan denial for incompleteness and/or failure to substantially comply with relevant standards of the East Bay Township Zoning Ordinance does not constitute a hardship.

(REQUEST ORIGINAL REPORT FOR THE COMPLETE DETAILED REPORT)

Recommendations and Findings:

·     The Applicant has failed to disclose or provide any detail regarding natural limitations to the riparian use of proposed lots along Tunic Bay, coves and shoreline m&shes at the site (i.e. lack of a hard sandy bottom - the presence of thick, extensive sequences of]elly-like muck, and an approximately one and one-half water depth). Therefore, the application is incomplete for failing to disclosure or address significant ecological impact and practical limitations for the use of these proposed waterfront parcels.

·     The proposed plan could add at least an additional 91 water craft to Arbutus Lake during normal use periods through direct riparian access. A valid and reliable carrying capacity study of Arbutus Lake should be completed WiQLQt site plan approval, approval with conditions of denial to assist East Bay Township decision-makers in assessing the likely riparian impacts of the plan, as proposed.

·     To assist East Bay Township decision-makers in assessing the likely impacts of the proposed plan, it is recommended the presence or absence of state or federally endangered, threatened or special concern species be verified at the site during the spring, summer and fall of 2005.

·     It is recommended that the Applicant provide copies of all required State and County permits or letters of assurance from implementing agencies prior to East Bay Township site plan approval.

·     It is recommended that East Bay Township decision-makers work with the Applicant to develop less impacting alternative site design(s), including conservation design, to achieve an ecologically meaningful 50% open space set-aside and provide the Applicant with the expected rate of return from site investment and development.

·     East Bay Township decision-makers should consider the development and lawful promulgation of waterfront and steep slope overlay zoning measures to effectively protect waters within the Township in conjunction with future develop.

·     East Bay Township decision-makers should consider amending site condominium and planned unit development sections of the East Bay Zoning Ordinance to require Applicants to ensure the provision of all essential services, especially septic disposal and potable water prior to site plan approval.

·     It is recommended that a cumulative environmental impact statement, including hydrologic, hydrogeologic₁ wildlife and fisheries studies, be undertaken  by the Applicant in accordance with Part 17 of NRBPA, P.A 451 of 1994, as amended, prior to local approval of a development plan at this site.

Based on these findings, the proposed single-family site condominium development, as proposed, and associated riparian development and use of Arbutus Lake is likely to result in unacceptable disruption of aquatic resources and the pollution, impairment and destruction of water and other resources of the State, East Bay Township and Grand Traverse County.

    Extract from Letter of the Concerned Citizens of Arbutus Lake (CCAL) Legal Counsel
                  

29 April 2005 Letter from Scott M. Howard, Esq.

Honorable Members of the East Bay Township Planning Commission:

We are writing on behalf of the Concerned Citizens for Arbutus Lake ("CCAL") for two purposes. The flist is to outline the reasons why MeKeough's Site Plan is administratively incomplete under applicable statute, rules and regulations and the East Bay Township Zoning Ordinance ("Zoning Ordinance"), and why the Planning Commission should not and cannot move forward with the process until the Site Plan is complete. The second is a request to intervene in the EastBayTownship Planning Commission's ('Planning Commission") Site Plan review process for the MeKeough Land Company, LLC"s ("McKeough") proposed condominium subdivision known as Salon Shores Proposed Developmenf').

The Proposed Development  As an introduction, we would first like to comment on the size and design of McKeough'sProposed Development. According to the Site Plan, the development will cover almost 462 acres. It is on property that consists of wetlands, possibly endangered species, steep topography, and a large amount of shoreline on a delicate lake. The plan calls for 227 homes all with separate septic systems, 91 lakefront homes, and upwards of 3 miles of road. It will create more than 2000 car trips per day. This is a significant size for a development in any area, but especially for Arbutus Lake. The development will take up at least one quarter of the entire shoreline of the lake. It will also create a substantial increase in traffic and traffic related concerns.

Arbutus Lake is a sensitive ecosystem that cannot support the sort of pressure that such a development will. apply. If the development goes forward as planned, it will hurt the lake's water quality and associated natural resources. In addition, the site's wetlands and steep slopes will cause problems with placement of septic systems, storm water runoff, road construction and maintenance, and soil erosion and sedimentation (especially during construction)

In light of the size of the development and the sensitivity of the natural features on the site, it is especially important to have a complete Site Plan. The reason for the site plan requirements contained in your zoning ordinance is to ensure that you have all the information you need to fully and fairly evaluate the proposed development. This is especially the case in a plan like the current one, where the potential for harm that a development this size may cause is exponentially larger than normal. Careful consideration of the Proposed Development is vital to the health, welfare and safety of the residents of East Bay Township, and also to Arbutus Lake and its surrounding ecology. Review of the plans must be complete, thorough, objective, and critical.

Request for Intervention

CCAL is a group of citizens who love and enjoy Arbutus Lake and its associated natural resources. Some of the members of CCAL also own riparian property along Arbutus Lake or live near the proposed development.

CCAL is strongly opposed to the current project because of the serious threats it poses to Arbutus Lake, nearby wetlands, and the natural character of the nearby land. CCAL member's use and enjoyment of the area is likely to be harmed by the proposed development for a number of reasons, not the least of which is the applicant's failure to conduct any environmental assessment for the project.

Therefore, CCAL requests that you allow us to intervene in the Site Plan review process. This would entail giving CCAL equal time at public meetings on the application, and requiring CCAL and McKeough to copy each other on all documents submitted to the Planning Commission or East Bay Township. CCAL believes its intervention will give the Planning Commission important input in its evaluation of the Site Plan application.  Moreoyer, it will streamline the process for the open exchange of information, rather than forcing everyone to file repeated Freedom of Information Act requests and requiring the Planning Commission or the Township to respond to each of those requests.

While CCAL believes the Planning Commission should allow our participation in the Site Plan review process as a matter of good policy, we also emphasize that we have a legal right 5t0 intervene. Section 1705(1) of the Michigan Environmental Protection Act (MEPA) allows any person or group to intervene in administrative or licensing proceedings when the conduct proposed there is likely to pollute, impair or destroy a natural resource, The relevant language is:

If administrative, licensing or other proceedings and judicial review of such proceedings are available by law, the agency or the court may permit. any other person to intervene as a party on the filing of a pleading asserting that the proceeding or action for judicial review involves conduct that has, or is likely to have, the effect of polluting, impairing, destroying the air, water or other natural resources or the public trust in these resources.

In addition, the MEPA requires the Planning Commission to consider the effects of its5 land use permitting decisions on the enviromnent. The Planning Commission may not permit any proposed project to be built that would result in harm to protected natural resources.  Therefore, besides being permitted by the MEPA, CCAL1s participation would help ensure that all of these standards are met in the evaluation process.

CONCLUSION

Thank you for opportunity to preliminarily comment on the Site Plan application. In the near future we will present a more detailed and thorough evaluation of the Site Plan under the East Bay Township Housing Ordinance, and Michigan Law. At this point it is enough to say that based of the Site Plan under the requirements of the Zoning Ordinance, there are serious concerns with environmental (harm to Arbutus Lake, slopes, wetlands), and traffic (2000 new trips, difficulty in improving Garfield/Salon intersection). Based on the above discussion, we feel that you should defer any review of the Site Plan until it is complete. This would mean postponing your scheduled hearing on May 6,2005 an4 rescheduling only after McKeough has presented all of the required information. Alternatively, you could table consideration of the Site Plan until all of the requirements of the ordinances have been met. On behalf of the Concerned Citizens for Arbutus we appreciate the Planning Commission's consideration and look forward to participating constructively in any evaluation process.