Three Oaks Township Planning Commission
Tuesday, January 23, 2007

The regular meeting of the Three Oaks Township Planning Commission was called to order at 
7:00 pm by Acting Chair Snyder.  Roll Call was taken with members: Jackson, Klute, Kramer, 
LaLone, Mangold, Mitchell, Seifert and Snyder present.  No one was absent.  Acting Chair 
Snyder asked those of the Public present to sign the Attendance Sheet. (see attached)  
There was no Public Comment at this time.  Comments from the Public would be allowed 
during the scheduled agenda topic.

Secretary Mangold presented the minutes of the Tuesday, December 19, 2006 regular meeting, 
the Tuesday, January 02, 2007 Public Hearing and the Tuesday, January 02, 2007 Special 
Meeting.  A motion by Kramer, supported by Klute, to accept the minutes of the December 19, 
2006 regular meeting as presented.  The motion was approved 7-0.  A motion by Mitchell, 
supported by Klute, to accept the minutes of the January 02, 2007 Public Hearing as 
presented.  The motion was approved 7-0.  A motion by Mitchell, supported by Klute, to 
accept the minutes of the January 02, 2007 special meeting as presented.  The motion 
was approved 7-0.

Under Old Business, a motion by Jackson, supported by Klute, to remove from the table 
Three Oaks Manufacturing Special Land Use Permit request.  The motion was approved 8-0.  
Mr. David Workman of Three Oaks Manufacturing was present.  Mr. Workman answered 
questions and responded to comments from the public.  Acting Chair Snyder read a letter 
from Mr. Fred Sellers, the district supervisor for the Michigan Department of Environmental 
Quality's (MDEQ) Waste and Hazardous Materials Division, sent to Mr. Workman following 
a meeting the two had on January 11, 2007 to discuss the matter.  Mr. Sellers stated in 
his correspondence that if it was the business plan of Three Oaks Manufacturing to go 
to the sites of their clients to either sort or collect presorted materials at the site 
of generation, bring back to the facility only the raw materials intended to be turned 
into new products, those source separated materials would not be defined as solid waste 
by the Natural Resources and Environmental Protection Act.  The letter went on to say 
that if those were the only activities at the facility it would not be classified as 
a solid waste processing plant and would not need to be part of the Berrien County 
Solid Waste Management Plan, and while if would have to meet other obligations in order 
to lawfully operate it would not need to be permitted or licensed by the MDEQ.  Mr. 
Workman stated that he intended to both pick up the materials at the site of origin 
and have contractors drop-off materials at the facility.  Mangold stated that the 
drop-off of materials conflicts with the understanding of the operation in Mr. Sellers' 
letter.  Mr. Workman stated that his intentions are to educate the builders about 
what materials he would be accepting in the containers.  Commission members Mitchell 
and Snyder commented on concerns of self-management of contractors with the materials 
being dropped-off.  Ms. Snyder stated that although she believes that this type of 
activity is an allowed use in an Industrial District, with the proximity of the 
existing homes, this type of operation would be better suited in another Industrial 
District.  One of the provisions of an issuance of a Special Land Use Permit states 
that it can not be considered for a property within one thousand (1,000) feet of a 
residential district.  Because of the type of operations involved in converting the 
materials into a new product a Special Land Use Permit would be required.  By common 
consent the Planning Commission agreed that a Special Land Use Permit was not a 
possibility in this case.  Zoning Administrator Ed Carpenter stated that his 
interpretation of the ordinance is that this type of operation is not a permitted 
use without a Special Land Use Permit in an Industrial District.  Mr. Workman then 
asked that the Special Land Use Permit request be withdrawn.  Mr. Workman stated 
that he believes his type of operation is a permitted use in an Industrial District.  
Zoning Administrator Carpenter stated that he would rule that it was not a permitted 
principle use and explained the appeal process that is in place.

Under New Business, Acting Chair Snyder read from a fax received today from Attorney 
Lawrence I. Frankle, representing the Maloneys of Three Oaks Hills Development, 
asking that the Planning Commission take no action this evening on their preliminary 
plat approval.  Public comment was allowed from Mr. Mike Ehlert questioning why the 
Planning Commission continues to allow the Three Oaks Hills Development to go forward.  
Secretary Mangold and Zoning Administrator Carpenter responded with the different 
types of procedures, Planned Unit Development, Site Condominium and the Subdivision 
Acts that are or may not be covered in our existing ordinance and when State of 
Michigan guidelines come into play.  Acting Chair Snyder also commented on the 
zoning ordinance task force that continues to meet on a weekly basis that will 
bring the current document that was approved in 1988 up to date with the 2005 
Master Plan.
Secretary Mangold presented materials pertaining to FEMA's National Flood Insurance 
Program to the task force.  FEMA has now declared a portion of Three Oaks Township 
in a flood plain district.  This information was presented at the January 8, 2007 
Three Oaks Board of Trustees meeting.  The existing Township ordinance has a provision 
in it for regulating areas in a flood plain but Three Oaks Township has not until 
now had any areas designated by FEMA as a flood plain.  Mangold suggested that the 
task force review the existing ordinance, identify the flood plain area on the 
zoning map and notify the property owners that they are now in an area that has 
been designated as a flood plain.  Zoning Administrator Carpenter agreed and stated 
that he is familiar with the FEMA maps and that in some cases it will put new 
restrictions on where he can issue building permits.

The final item on the agenda was the election of officers of the Planning Commission 
for 2007.  A motion by Mangold, supported by Kramer, to elect Acting Chair Snyder 
as Chair.  The motion was approved 7-0.  A motion by Seifert, supported by Kramer, 
to elect Don Jackson as Vice Chair.  The motion was approved 7-0.  A motion by Snyder, 
supported by Jackson, to elect Mangold as Secretary.  The motion was approved 7-0.

Having no further business, a motion for adjournment by Jackson, supported by Kramer.  
The motion was approved 8-0.  The meeting was adjourned by Chair Snyder at 8:10 pm.


Respectfully submitted,



George A. Mangold, Secretary