Minutes - Planning Commission|

Kimball Township Planning Commission

Kimball Township Municipal Office

2160 Wadhams Rd., Kimball Michigan


March 26, 2024

6:30 P.M.

Barrett opened the meeting at 6:30 p.m. with the Pledge of Allegiance.


       I.                        ROLL CALL OF OFFICERSBarrett, Hoffman, Miller, Howard and Tuttle.


    II.                        ABSENT:   Orr and Henry.


III.                        CHAIR FOR MEETING: 

Tuttle motioned to elect Barrett to chair the meeting tonight supported by Miller.


ROLL CALL VOTE:  YES:  Tuttle, Miller, Hoffman and Howard.  NO:  Barrett.

ABSENT:  Orr and Henry.  (4-1-2) Motion Carried.


IV.                        APPROVAL OF AGENDA

Hoffman motioned to approve the agenda as presented supported by Miller.


ROLL CALL VOTE:  YES:  Hoffman, Miller, Howard, Tuttle and Barrett.

NO:  None.  ABSENT:  Orr and Henry.  (5-0-2) Motion Carried.


    V.                        APPROVAL OF THE MINUTES: Special Meeting January 30, 2024

Miller motioned to approve the minutes of the Special Meeting for January 30, 2024 supported by Howard.


ROLL CALL VOTE:  YES:  Miller, Howard, Barrett, Hoffman and Tuttle.

NO:   None.  ABSENT:  Orr and Henry.  (5-0-2) Motion Carried.


Tuttle motioned to open the Public Hearing at 6:33 p.m. supported by Hoffman.

Motion Carried.


VI.                        NEW BUSINESS

A.       PUBLIC HEARING — Application for Request for Special Exception Use: 74-25-026-1004-000: Vacant Wadhams Ravenswood Road: Fletcher (Private Road)

Matt Fletcher, 39655 Clearview, Harrison Township:  Requesting to build a road to his 30-acre property so he can develop the land.  He has three, ten-acre parcels

that he would like to develop but he needs a road to get to it.


Paul Ruggirello, 946 Wadhams Road:  Questioned about how this property could affect his 30-acre property which adjoins to the back of the property. 

Not sure what kind of easement they want to put in and if it will affect his property.


Ron Sanderson owns nine acres that runs the full length of that parcel on the East side and has 150 feet frontage on Ravenswood Road.  Wants to know what their plan is.


Charles Melms, 5353 Ravenswood:  I am right next to the easement that they are talking about.  We have had problems with this before.  I have documentation showing

that 25 feet of the easement is mine.  I don’t want them on my property.


Donna David, 5281 Ravenswood Road:  I own the parcel adjacent to the Sanderson property.  I have frontage on Ravenswood Road.  The property that was list

was supposed to be for a single parcel not multiple parcels.  Have a lot of concerns with it becoming multiple parcels.  Wants to know what the difference is between an easement and a road. 

What are they planning on putting in there?  Concerned about hunting on their property and concerned about wells and septic being put in on that property. 


Neil Pikar, 2615 Allendale, Metamora, Michigan:  Chuck here is the Servient Property and Mr. Fletcher is the Dominant Property and he has an easement.  He has the right

to build a 50-foot-wide road.  The judge stipulated a 25-foot road but he is asking for a permit to put in a 50-foot-wide road.  He said it sounds like the neighbors are utilizing

his property and hunting on his property.  It’s his right do what he wants.


Fletcher:  Sent papers in for the Planning Committee to go over.  The road is only 20 foot wide with a drainage ditch on each side.  We don’t know what we are going to do there yet. 

We may take the ten-acre properties and split them in have to make five acre parcels and build on to those.  We aren’t sure what we are going to do there yet.

 I applied for a road up to the first parcel because that would be the one we start with.  We have owned the property since the 1980’s and we would like to develop it now.


Hoffman:  Is that zoned Agriculture through there?


Barrett:  Yes.


Ruggirello:  How do you allow someone to come in here and start a project?  Do they get the right to go further, and spread it and split it?  If the road is going to go in

then I want deeded rights to that road also.  That road is going to be affecting my property, my value, and my livelihood on what I do on my farm. 


Sanderson:  What gives them the right to rope off the easement?  I paid for that easement.  They told my brother that he had to have 66 feet for a driveway. 

What do you have to have for a road?


Ruggirello:  Someone brought in a backhoe two years ago and started clearing trees off of my property line where the fence line is.  I talked to the guy doing the job

and he told me he was clearing it for a road.  I told him I don’t want that backhoe on my property and moved it.  No one came to me asking if they can use my property to clear their land.

David:  How much subdividing will they be able to do on that property?


Fletcher:  The backhoe incident was not me.  It was another resident on Wadhams Road and we confronted him on it.  When the easement was created in 1977,

it was 50 feet and it was grandfathered in. 


Ruggirello:  Can you tell me what type of road they would need for that to make it work?  Is there going to be ditching involved?  What are they going to

be using for power?  Not meant for development.


David:  A home with deeded access to 10 acres of land and doesn’t live in Kimball Township with no vested interested in the township. 


Melms:  Whoever cut those trees also cut a powerline.  No one reported that and I lost all of my food in my freezer and refrigerator. 


Fletcher:  Land Division Act 288 states that you can have a vehicular access to your property.  The road can be gravel with 25 feet wide with ditches on both sides.


Ruggirello:  From what I’m hearing they have a road there but now I realize that they want to put one in.  Do they have the right to do so?


Barrett:  There is a request for a Special Exception Use for a private road at this parcel.  That is the request before us.


Ruggirello:  It’s not in stone yet.  Will they be allowed to continue the road to the other two parcels?


Barrett:  It is what is before us the question is approving a Special Exception for a private road at this parcel.  We were given one parcel number.


Tuttle motioned to close the Special Hearing regarding the Ravenswood Vacant parcel at 74-25- 026-1004-000 at 7:05 p.m. supported by Hoffman.


ROLL CALL VOTE:  YES:  Tuttle, Hoffman, Barrett, Miller and Howard. 

NO:  None.  ABSENT:  Orr and Henry.  (5-0-2) Motion Carried.


Barrett provided the application with the ordinance for this parcel.


Tuttle:  I see that there was a 50-foot travel easement for all parcels.  The sale was designed for development.  I’m not sure what the Road Commission would

think about the 50-foot easement since they require 66 feet wide road but it was grandfathered in.


Barrett:  What’s in our packet under the Zoning Ordinance of Kimball Township for Special Exception Use in AG Districts, it states that private roads serving

residential development are in a Special Exception Use and it also says to see amended Ordinance #166 of September 1999 and that was also provide to the

Planning Commission members in regards of what that means.


Miller asked questions regarding Mr. Fletcher’s plans for his property.


Fletcher:  Six lots, five acres each will be a slow process and years of development.


Hoffman:  Technically we can’t do anything without what the county says about the width.


Tuttle:  Is there sewer and water on Wadhams?


Howard:  Do we know what he plans on doing with the land and do we need to know that?


Fletcher:  Couldn’t hear about Private Road.


Barrett:  If it were a private road, it would be under the township rules. 




Hoffman:  You are going for a private road and not a driveway, right?


Fletcher:  Because it has three parcels, it will need a private road.


Barrett asked the board what their pleasure was in regards for the Special Exception Use for parcel number 74-25- 026-1004-000 to put in a private road.


Tuttle:  Proposed postpone for clarification.




                  Hoffman:  I would have to vote no right now because of the wording. 


                  Barrett:  What’s the pleasure of the board?


Tuttle motioned to approve a Special Exception use for a private road for vacant Ravenswood Road parcel 74-25- 026-1004-000 supported by Miller.


ROLL CALL VOTE:  YES:  Tuttle and Miller.  NO:  Hoffman, Barrett and Howard.  ABSENT:  Orr and Henry.  (2-3-2) Motion Denied.


VII.                        OLD BUSINESS

A.       Master Plan Review

Carwyn mentioned that the supervisor wanted to know if there was any feedback from the board regarding the Master Plan that was presented at the last meeting in January.


Barrett:  I did read the minutes saying that I would be getting an electronic copy and I didn’t get one.  Is it possible to get one?  If you did get a copy

of the Master Plan, please read it before the next meeting.


VIII.                        ONGOING AGENDA ITEMS

A.       RFQ for TOWNSHIP PLANNER: Request to Board of Trustees

Barrett asked Carwyn if this went on the agenda and was it put out for quotes.


Carwyn:  I understand that it did go out for quotes.


IX.                        AUDIENCE PARTICIPATION

Ruggerillo questioned about utilities and ditching for the Ravenswood Road Parcel.


    X.                        REPORTS

A.       Bill Orr, ZBA



B.      Erik Hoffman, Kimball Township Board of Trustees

The township clean-up will be May 18th from 9 a.m. to 3 p.m.


XI.                        ADJOURNMENT

Hoffman motioned to adjourn the meeting at 7:55 p.m. supported by Tuttle.

Motion Carried.


Meeting adjourned at 7:55 p.m.


Submitted by Brad Barrett, Chair




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