There have been letters back and forth in this newspaper and appeals to the township board, but action around the Elkhorn Lake subdivision of Sunset Hills #1 has been limited.
The dispute reached a high point after resident Nick Cucinelli’s presentation to the board in early September and a subsequent article in The Review.
Cucinelli and several other neighbors claim that the actions of a few residents in the subdivision have broken state regulations and township ordinances, among other things.
In his presentation, Cucinelli said both Dale Kotila and Jerry Moon have been ‘systematically? filling in state regulated wetlands.
At their regular meeting on Oct. 1, Township Supervisor Jerry Dywasuk said there wasn’t much his office could do until attorney Shannon Ozga can speak with Department of Environmental Quality representatives.
‘She’s waiting for a report back from Justin Smith at the DEQ,? Dywasuk said.
‘My experience with them is that it’s difficult to count on them for anything,? he added of the DEQ.
Ozga said she had to speak with the DEQ before providing the board with a legal opinion.
‘In my report, I will lay out what options the township has,? she said. ‘It may be that there has to be an environmental consultant that goes out there.?
Ozga added that her office first became aware of the issue just a few weeks ago.
Dywasuk’s and Ozga’s explanations did not hold water with Trustee John Steimel, who said the township must act now.
‘To be honest with you, Mr. Supervisor, I am appalled by what’s going on out there,? Steimel said. ‘This is a travesty. It is an issue of public health, safety and welfare.?
‘There are so many issues with filling in a wetland,? he added. ‘It’s not just preventing mosquitoes.?
Steimel said he understood the issue of letting the DEQ do their job, but noted he was angered that the past 30 days had not resulted in a more proactive stance from the regulating parties involved.
‘I would like to see something with more teeth in it,? he said. ‘Unless somebody can tell me otherwise, I think this board needs to take issue on this now.?
His thoughts were backed up by Trustee Matt Gibb, who noted that the township was willing to spend money and take a hard look at the recent marina issue on Lake Orion.
‘I don’t understand why we can’t take a more aggressive stance,? he said.
With regards to immediate action, Ozga said the township could order their code enforcer to go out to the property and noted that ‘stop work orders? have already been put in.
The board then went into an executive session to discuss the item further with their attorney, but Dywasuk said no specific action was taken.
‘We’ve got to stay neutral and we can’t overstep the bounds of the DEQ,? he said.
Cucinelli’s wife, Tracy Jensen, told the board that shouldn’t mean they can’t take some sort of action.
‘We are not asking you to enforce MDEQ laws,? she said. ‘We are asking you to enforce township laws.?
‘What’s happened in the void is that individuals have had to step up,? Jensen added. ‘This does not belong in the realm of citizen mediation.?
Jensen also indicated that some of the fill in the wetland areas in question has even been supplied and placed by local businesses.
Steimel said the residents in the subdivision deserve better.
‘I’ve seen the tickets that have been issued and we haven’t acted on them,? Steimel said. ‘All we do is pass the buck. We need to stop giving them the runaround.?
He said the issue at Friendship Park, among others, pales in comparison to what’s happened around Elkhorn Lake.
‘I really get offended when people say the township does nothing,? Dywasuk responded. ‘The township has taken lots of action on this issue.?
A day after the board meeting, Moon received a Notice of Violation from Smith at the DEQ:
‘You were directed by way of a Notice of Violation dated November 9, 2006, to remove all fill material within the wetland boundary identified by KME (King & MacGregor, Inc.). A closer look at the wetland boundary identified by KME and a series of aerial photographs revealed that fill material was recently (between 2002 and 2007) placed in approximately .3 acre of wetland in violation of Part 303? The DEQ advises you to stop all unauthorized activity and bring the site into compliance with Part 303 within 30 days of the date of this letter.?
At the board’s Sept. 17 meeting Moon spoke during public comment and said he felt ‘ambushed? by Cucinelli’s presentation.
He said part of the wetland area on his property, per a DEQ e-mail, is ‘no longer considered to be regulated wetland.?