Legal Update

Update on The 81 on East Bay

On August 15th of 2016 the developer for the 81 on East Bay submitted an unprecedented second proposal to the Township Planning Commission for the same parcel of land, The 81 on East Bay. This was a “platted” or subdivision type of development which includes approximately ten more home sites than the first proposal.  Many observers felt that this version was to “threaten” the township into accepting the first proposal which has ten fewer lots. The first version however has more lots on the shoreline.

On August 25, the first proposal, the planned unit development, was the subject of a public hearing with over 100 homeowners and residents in attendance.  At the outset of the meeting the attorney for the developer withdrew the proposal upon the recommendation of the township attorney because of an inadequate fire road and the public hearing was abruptly cancelled.  This is the second time in as many months that the developer’s attorney has withdrew a proposal at the last minute and with many residents in attendance.  Both were for the same reason:  in- adequate fire road plan.  

That did not stop the residents from expressing their concerns on this proposal during the “citizen comments” section of the meeting. All comments, save one , were opposed to the development for a number of reasons.  The big one this time: soil contamination.  As a former cherry orchard, this property may contain high levels of lead, arsenic and mercury, multiple times the normal state background level.  Similar farmland on the Peninsula tested in 2013 has shown these high levels. A new public hearing has yet to be scheduled for the first version of the “81” and who knows where the second version is in the township planning maze.

The 81 proposal also includes the establishment of a 40 slip boat dock offshore to this site.  This has already been applied for with the Army Corps of Engineers, the regulatory body in this area. This application will not be approved until after the township acts. You can give your feedback to the Corps on their website: http://www.Ire.usace.army.mil/Missions/RegulatoryProgramandPermits/PublicNotices.aspx

Or you can write to Kristi.M.DeFoe@usace.mil or call her at 313-226-7718.

Be sure to include this file #: LRE1998-560130-S15.

We also encourage your comments to the township board regarding the issues of the 81 mentioned above.  The board members’ addresses are on the township website at  peninsulatownship.com