After months of public debate, board meetings and legal opinions, plans for a residential development on the Pine Knob Golf Course hit a snag at the Sept. 22 Independence Township Planning Commission meeting.
After hearing remarks from Township Planner Dick Carlisle and some unplanned public comment, planning commissioners voted 4-2 not to hear a site plan proposal from Mario D’Agostini and Robert Mollicone.
D’Agostini, owner of the Pine Knob Enclaves and representative for AAC Acquisitions, is proposing to move a scenic easement, added in 1998 to cover the back nine holes of the Pine Knob Golf Course, near the course’s first easement over the original 18 holes. The back nine holes would then be used to build approximately 150 single-family detached condominiums priced between $400,000 and $1 million.
Over the past seven months, D’Agostini made presentations to the township board concerning the relocation of the scenic easement. In May, township attorney Stuart Cooney advised the board against sharing the scenic easements with the North Oakland Headwaters Land Conservancy. In July, Carlisle confirmed the easement’s location.
Robert Mollicone, head of sales and marketing for D’Agostini’s Pine Knob Enclaves, said before the meeting he expected to make the same presentation as before.
After the meeting, he said he was shocked and surprised by the course of events.
‘This is totally wrong,? said Mollicone. ‘This first step is purely informational, and they didn’t even want to hear anything. This is after we filed the application fee, paid for the lawyers, paid for the engineering, paid for everyone to be there.?
D’Agostini said he is tired of the ‘disrespect? in the township for authority, especially for the supervisor, the township attorneys and the township planner.
‘The whole idea was to get up in front of the planning commission and give them a great plan,? he said. ‘Instead they listen to people who have nothing to do with this right now.?
D’Agostini and Mollicone said they are displeased that planning commissioners allowed public comment from Neil Wallace, a local attorney and Citizen for Orderly Growth representative, before their presentation. D’Agostini added that he was unhappy township Trustee Dan Kelly, who sits on the planning commission, held a dialogue with Wallace before they were given a chance to speak.
‘We are not making any threats here,? said Mollicone. ‘There are two possibilities for this property, and I don’t think anybody wants apartments. We have a better proposal that’s a win-win for everybody.?
According to Mollicone, the property has approximately 25 acres where almost 150 apartments or condos can be built. In his July report, Carlisle confirmed the almost 25 acres of developable land, but estimated the density to range between 102-112 units.
Independence Township Planning Commissioner Joan McCrary confirmed her motion to not hear the proposal, but said the motion also called for the proposal to be brought back to the township board for resolution on the scenic easements.
‘I come back to one reason, if the scenic easements are not moved, there is no proposal,? said McCrary.
McCrary stated that one of the first comments from D’Agostini’s attorney included a statement on litigation. She said the commissioners also received advice at the meeting from the township planner and Wallace that any comments made by planning commissioners in regards to moving the scenic easement could be used in litigation or make them liable for litigation.
‘There were two who wanted to hear the proposal, but the rest of us did not,? said McCrary. ‘The township kind of passed this on to us, so we sent it back to them.
‘You hate to do that to a petitioner, but sometimes it happens.?
Independence Township Supervisor Dave Wagner said on Monday he received several different versions of the meeting’s events ? all confirming the planning commission voted to not hear the proposal.
Wagner said he has requested an attorney’s opinion on whether or not D’Agostini will need to resubmit the site plan application or whether steps can continue forward.
At this point, D’Agostini said with the planning commission’s denial to hear the proposal, he lost at minimum $8.7 million. The money was tied to a letter of intent with a development firm to build the site condos.
‘This is exclusive of the cost for the application, our site drawings, our attorney’s fees, our engineering fees and everything,? said D’Agostini. ‘This is just a bit, part of the agreement.?
D’Agostini said his next step is to work with his attorney on a lawsuit. He is uncertain whether he will take the issue to circuit court, but plans on naming all township trustees, planning commissioners and township planner Dick Carlisle if he does so.
‘I don’t like going to court, but if there are no other options, we’ll do what needs to be done,? said D’Agostini.