Opponents of Timber Shores make additional sensationalized complaints
by Richard Edmonds
Opponents of Timber Shores have made sensationalized complaints. The opponents include Sanders appointees to the planning commission and others who have property near Timber Shores. The Sanders Planning Commission protected his interests while the others spewed misrepresentations and lies:
● The claim - The developer has not submitted a plan using the special use permit process. In fact Timber Shores submitted its application in March 2020. Ms. Karen Mulvahill, a planning commissioner at that time confirmed that commissioners had received the proposal. She expressed concern whether the planning commission could meet its time limit for reviewing the plan. Not to worry, instead the township imposed a moratorium and directed the planning commission to ‘review’ and ‘update’ the ordinance.
● The misrepresentation - Challenging the decision of the planning commission is disrespectful. This is the most outrageous claim. The right to petition is guaranteed in the U.S. Constitution. Referendum, recall and initiatives are well-recognized cornerstones of direct democracy, and township citizens may want to consider all of these measures. This elitist rhetoric exemplifies the view of the Sanders Appointees and others on this Planning Commission as a nobility class ruling over the people.
● The disinformation - The referendum is an attempt to do an end run around zoning rules. In its arrogance this nobility class apparently assumes the lowly citizens can’t read the Zoning Enabling Act which regulates the amendment of zoning ordinances. It specifically states the right to petition to overturn a zoning amendment.
Last week Sanders appointee Tom Weber said he didn’t care what the referendum result was, there is no way he will consider making any changes to the zoning amendment that was just adopted by the township board. Weber has stated that everybody had the opportunity to present comments and have those views considered. The reality is that not one Timber Shores comment was considered.
Strangely, these “representatives of the people” continue to deny ever seeing a site plan for Timber Shores. Gina Harder, a township board member and member of the planning commission, attended a court-ordered mediation session between the township and Timber Shores. She was given several boards at least 4’ x 4’ detailing the site plan. Like all other efforts by Timber Shores this information was never presented to the commission and was completely ignored.
The deceitful, elitist attitudes displayed by members of this planning commission are exactly why the State Constitution and the Zoning Enabling Act permit the citizens to challenge the actions of these people.
The purpose of this referendum is to allow citizens the opportunity to vote on the zoning ordinance amendment where their interests were not well represented. That’s particularly important when you have measures that are passed by a township board that includes members with an obvious conflict of interest, and when you consider the planning commission that presented the amendment is stacked with cronies of the former supervisor who has the conflict of interest, and who went out of their way to protect those interests.
Richard Edmonds is an attorney and former AICP municipal Planner on the Timber Shores team and an incorporator of Build & Invest in Leelanau Township LLC (BILT). He has extensive experience representing municipalities including township zoning and related matters.
Timber Shores supports BILT.