CLAY TOWNSHIP PLANNING COMMISSION

MINUTES OF APRIL 25, 2012

Page 16

MINUTES OF THE CLAY TOWNSHIP PLANNING COMMISION REGULAR MEETING

HELD WEDNESDAY, APRIL 25, 2012 - IN THE CLAY TOWNSHIP MEETING HALL, 4710 PTE. TREMBLE ROAD, CLAY TOWNSHIP, MICHIGAN 48001

1. CALL TO ORDER:

Chairman Dorothy DeBoyer called the meeting to order at 7:35 p.m.

2. ROLL CALL:

PRESENT: Lesly Cahill, Christine Holcomb, Whitey Simon, Kathie Schweikart, Thomas Krueger, Anthony Antkowiak, and Dorothy DeBoyer

ABSENT AND EXCUSED: John Blair, Edward Keller

A quorum was established.

ALSO PRESENT: Patrick Meagher, Community Planning & Management, P.C.

3. APPROVAL/AMENDMENTS TO AGENDA:

None.

4. APPROVAL OF MINUTES OF JANUARY 25, 2012:

Comments:

Antkowiak: I’ll ask the question, there are some “x’s” in here that I didn’t understand.

Chairperson DeBoyer: I agree. I wondered too. What does it mean where the “x’s” are?

Brobst: That I didn’t understand what was said at the time. I couldn’t make it out on the tape.

Chairperson DeBoyer: Are the tapes not clear?

Brobst: That one was not. There was one gentleman who spoke from approximately over here, did not get up and go over there and it didn’t occur to me at the time, because I could clearly hear him, that he wasn’t speaking into the recorder.

Chairperson DeBoyer: And on the second page, this would be under Brian’s comments. “And definitely put it on the agenda as we probably should, because it is usually hung up by Nick or anyplace else.” I don’t know what that means.

Simon: Oh that’s where most of the things are displayed at Delta Hardware Store is what I think is what he’s referring to. Nick Sarzynski. Most of the information is passed through the hardware store and it winds up on his window. That’s our unofficial sign board.

Krueger: All the agendas are posted on his window.

Chairperson DeBoyer: Well, I’m surprised Brian would make that comment.

Meagher: So am I.

Chairperson DeBoyer: I don’t think Brian would be aware of that.

Meagher: No, he does not know.

Simon: That’s the only Nick

Meagher: Maybe he has more knowledge than I thought.

Chairperson DeBoyer: And just personally, under the Public Comments, and then there’s comments from the board discussing a letter apparently from Patrick Feighan, I did not receive a copy of that letter.

Simon: You did not.

Chairperson DeBoyer: No, I did not.

Simon: You didn’t either.

Antkowiak: It seemed everybody except me on that evening did receive a copy of it. Basically is what we were talking about.

Simon: Yeah, I have a copy.

Antkowiak: And then it was assumed that Dorothy had a copy and it was passed on to Patrick.

Simon: Yes.

Chairperson DeBoyer: No, I did not.

Simon: But I thought Patrick got it directly, did you not?

Meagher: I did get it.

Simon: Yes. He sent it directly.

Chairperson DeBoyer: Okay, well, I didn’t. Okay.

Motion made by Cahill, supported by Simon, to approve the Minutes of March 28, 2012 meeting, as submitted.

AYES: All NAYS: None MOTION CARRIED.

5. PUBLIC HEARING:

Special Approval Land Use/Site Plan Consideration:

Smoke on the Bay Restaurant – 7479 Dyke Rd.

NLN Properties LLC and Norman Rhodes, Manager

Chairperson DeBoyer: We are here tonight for a public hearing on the Special Approval Land Use and Site Plan Consideration for Smoke on the Bay at 7479 Dyke Rd. In a public hearing the applicant will have the first opportunity to address the commission and then the public will have the opportunity to make their comments. We do ask that if you are planning on making a comment that has already been made a number of times, to keep the meeting under a reasonable length of time, that it not be repeated over and over again. After the public has made all of their comments, the applicant will have a second opportunity to respond and then the public hearing will be closed and the planning commission will make their decision as to how they are going to handle it. So it is approximately 7:40 and we will open the public hearing at this time and if the applicant would like to address us please do so at the podium.

Norman Rhodes: Good evening everyone. My name is Norman Rhodes. I’m the manager and the plans that you have before you are for the Piers Marina and Smoke on the Bay Restaurant. As a little introduction, I’d like to just tell you a little bit about it. Since we purchased it, there have been many improvements made to the restaurant and to the marina facility. It’s our intention to be more of an upscale restaurant than in the past. Mr. Paul Rudy, to my right, has taken over and is owner of Smoke on the Bay Restaurant. He has created an exceptional food business. Just last week he won first prize for food in the Algonac Chamber of Commerce Taste of the Town. This restaurant and marina facility will continue to be an asset to our community. I would like to address the site plan that is before you and our requests and the issues that have been enumerated by our planner. But first, before I get to that, just briefly, I would like you to meet the other gentleman involved in our project and that is Mr. Paul Rudy from Smoke on the Bay. Paul.

Paul Rudy: I’m Paulie Rudy, owner of Smoke on the Bay. Been a long time by Lake St. Clair resident, lived on Harsens for 10 years, and been involved in numerous restaurants for the last 25 years. I understand the concerns of the board, my neighbors, my municipality and my patrons. Today we are asking for patio service, which will include food and beverage and light entertainment. What is light entertainment? Ambient music, an acoustic guitar player, soft instruments. All the time following all of the ordinances set down by the township. I want everyone to know that I’m always available. I’m there 7 days a week, 24 hours a day to answer any questions or concerns that anybody has. We have great food, everybody loves the place and I certainly want to work with the township, my neighbors and everybody. I think we’re doing a great job and as long as we talk to one another we’ll be just fine. That’s it. Thank you.

Chairperson DeBoyer: Thank you.

Rhodes: The plan that’s before you, our site plan, and for everyone’s edification, basically has four parts to it: two building items, a restroom facility expansion and as Paulie mentioned, the request for the outside entertainment on the deck. I have to beg your pardon for the inconsistency in the plans that are before you and I understand that a decision will not be made tonight involving this. The plans that we used that you have in front of you, were based on an old survey and it was not apparent to myself or to the architect that handled it for us and it was brought to our attention by the building department that there were some inconsistencies in it that had to be resolved before it moves on. We have hired BMJ Engineering to straighten that out for us. What’s involved in that is to have the entire property resurveyed, all the boundaries defined to a better extent than they were on that previous plan. The other thing that is happening in the middle of this is also that there are three parcels and we are at the same time combining them for one parcel. The survey will be done next week. They are going to try to get it to me, and I hope to get it to you some time the following week for your consideration. It doesn’t really affect anything that we are asking for in this site plan as far as where the buildings are located or the size of anything. It doesn’t affect anything like that. It just is a more accurate public record. I’d like to address the concerns of the planner and if you have that in front of you, on his letter dated February 14, item #1: The shed, it’s called a shed. Paulie has created a seafood and smoked-food restaurant which has a commercial smoker, which is a very large unit that is housed outdoors. It is built to be outdoors, it is outdoors. The health department has decided that they require a covering or a building for the smoker. That is one of their requirements. Hence, we decided to, rather than just put a lean-to over it, that we would put an appropriate building around it to secure it also. The planner’s concerns are shielding it from the view of the neighbors. My outlook on that is that it’s in the middle of the property, it’s behind screening, it’s behind a garage from the north side. There is really not a whole lot of viewing of that building from the neighbor’s side and I don’t really think that that is an issue. If we need to extend the fence that’s on the canal side or something like that, that’s not a big problem. So I see no problem with that or some additional screening. Item #2 – the deck: the deck has been approved previously for a covering over it and for outdoor service. The one stipulation to the previous approval was that there was to be no outside entertainment. That application was done by the previous owners and we have no knowledge of what that was all about or what the intention was of the no entertainment. I can assure you that there will be no bands or things of that nature. That is not the intent of what we’re requesting for the deck. Item #3 – the bathrooms: the bathroom addition is something we really need to accomplish. The restaurant and marina facility has been there for many, many, many years and the restroom facilities are not up to code for handicap and things of that nature. We feel the need to do that for our patrons. The area where the restrooms are currently in the part of the building just next to them is an area that is 13 x 15 feet where we are looking to expand the building and within that rebuild and expand the restrooms right in that immediate area. We are not moving the restrooms to a different part of the building, they are basically right there anyway. So we feel there is a definite need to address that situation. Item #4 – has to do with the, as the planner has said the spruce trees in front of the building. He is talking about a marina building that we would like to put in the yard for boat storage and things of that nature. In our plans we had put in trees along the back side, the north side of the property there between the building and the road. The trees, we don’t know what size are required. I’m sure the architect can do that. But we have no problem with the trees, but we would like to look at maybe something different, other than trees to address that situation. Item #5 – as I mentioned, when you get the updated plan, we will address the specs for the bathroom.

Chairperson DeBoyer: #5 is really addressed to the construction.

Rhodes: I’m sorry #6. I skipped #5. #5 – I’ve read through that. I do believe that we do meet all the requirements of Section 19.05. And then #6 – the bathroom additions, we will have that for you when we submit the addendum to the site plan in the next two weeks. And with that, I’m able to answer any questions to the best of my ability and Paulie is also available to answer any of your questions and concerns.

Chairperson DeBoyer: It’s now open to public comments. Anyone wishing to comment, we ask that you come to the podium; state your name and your address and then you may make your comments. Your comments are addressed to the Chairman and there is to be no interaction between the public and the applicant during that time. Yes sir.

Jack Olsen – 3601 Pte. Tremble: Right next to the Harsens Island Ferry. I guess I’m aware of some of the animosity between the neighbors that live across the canal there at Smoke on the Bay. My only point is that that restaurant has been there for a long time, 40 some years, maybe longer. When I bought the place where I’m at right now I was well aware of the ferry being there. Sometimes when the boat operator falls asleep at 3 o’clock in the morning it can be disturbing, but I bought the place knowing full well that that’s what you have to deal with. I would just hate to see this particular item here get dictated by a minority instead of a majority. These people are good people and I hope you give them a consideration. But my point is when you buy a place and there is already an existing situation there, you should be aware of it. Don’t buy the place and then complain later. Thank you.

Chairperson DeBoyer: Thank you. Yes sir.

Dave Matthews – 7647 Dyke Rd: I live probably about maybe an 1/8th of a mile down the street. I would like to stand in support of Smoke on the Bay’s petition to have music. I’m going to try to not be long-winded, but we know the vital contribution that the small businesses do for our local economy and with that, you know they turn around and support all our local vendors from buying their supplies and would just like to stand in support. I know a lot of people want to talk, so I’m not going to address a whole lot, just we should take that into consideration. Thank you.

Chairperson DeBoyer: Thank you. Anyone else?

Larry Jayroe – 7796 Lake Dr: I live one canal down. When I bought my house, I was aware that that establishment was there. It had just opened at the time of the original Sandbar restaurant. I’ve patronized that restaurant; I’ve patronized the restaurant after that and now this one. There has been a big difference between the restaurants in the past and this one. They handle things very professionally, the food is excellent, and they’re very considerate neighbors, very considerate. They’ve done everything above and beyond what’s been necessary so far. It’s a top drawer operation. I bought this house knowing what I was moving into and next to and have been very, very pleased. It’s been a real nice place to be able to go and get a quick meal after a hard day of work. I own Coventry Construction and Coventry Property Management and it’s nice to be able to stop, I go out of my way to patronize my local establishments here, way out of my way, and I think we should be keeping our money here in our local economy and helping our small businesses so that we can expand and become successful in these very, very difficult times and I would appreciate your consideration to help them with this. I know for sure, in my own mind, that this is going to be very low keyed, it’s just going to be ambient music that they’re asking for and it would be really nice to be able to go there, either by boat or by car, and have a nice lunch overlooking the water on a nice summer day and be able to have that view and a nice meal, because the food is excellent and enjoy that you know, outside with a little ambient music. So I hope you really take consideration on this and we do appreciate it as the local residents in the area. Thank you for your consideration.