Three Oaks Township Planning Commission
Tuesday, July 24, 2007

The regular meeting of the Three Oaks Township Planning Commission was called to order at 
7:00 pm by Chair Snyder.  Roll Call was taken with members: Jackson, Khoury, Klute, Kramer, 
LaLone, Mangold, Mitchell, Seifert and Snyder present.  No one was absent.  Chair Snyder
asked those of the Public present to sign the Attendance Sheet. (see attached)

Under Public Comment, Joe Bardusk asked if the rewriting of the Township Ordinance was 
complete and the timeline of it's adoption.  Chair Snyder reported that the rewriting 
process has been slow and that the Task Force of: Chair Snyder, Chris Mitchell , of the 
Planning Commission and James LaLone and Charles Sittig of the Three Oaks Board of 
Trustees have met and continue to meet with the Township Attorney Scott Dienes.  Hopes 
are to have a partial draft of the rewriting by the August Planning Commission meeting.  
Mangold gave a brief history of the timeline when the Master Plan review was started, 
and adopted in 2005, and when the process began for the rewriting of the ordinances 
began and problems encountered.  Geoffrey Gilbert wished to comment on the Three Oaks 
Hills project.  His comments and any other comments would be allowed when the agenda 
item is considered at tonight's meeting.  Having no other Public Comment, Chair Snyder 
closed the Public Comment session.

Secretary Mangold presented the minutes of the Tuesday, May 22, 2007 regular meeting.  
A motion by Jackson, supported by Klute, to accept the minutes of the May 22, 2007 
meeting as presented.  The motion was approved 8-0.

There was no communications.

Under Old Business, Chair Snyder reported that she contacted Township Attorney Scott 
Dienes and that the Task Force will meet with him on Monday, August 13, 2007 to continue 
their work on the rewriting of the ordinances.  Hopefully a rough draft will be available 
by the August 28th Planning Commission meeting.  Also Chair Snyder reported on the Zoning 
Seminar that she, Robert Khoury and Don Jackson attended.  They all felt that it was 
well presented and a lot of different issues were covered.  Chair Snyder recommended 
that other members of the Planning Commission make themselves available to attend future 
training sessions.

Under New Business, the request for preliminary plat approval of the Three Oaks Hills/Maloney 
project was opened and Chair Snyder reopened the Public Comment session.  Geoffrey 
Gilbert reviewed his letter (see attached) of concerns on both the project and the 
process that he had sent to the Township this past June.  Joe Bardusk gave a brief 
history of the land ownership, (was owned by his father) and how, in 1993, he attempted 
perk tests on the land now owned by the Maloneys.  Mr. Bardusk stated that he, along 
with the Berrien County Health Department, attempted perk tests on many different 
locations on that parcel and could not get any to pass the perk test.  Mr. Bardusk 
questioned how this same land can now be allowed to have ten (10) home sites.  According 
to Mr. Bardusk his present home is located where it is only because that was the only 
area where he could get it to perk.  Because of the lay of the land Mr. Bardusk is 
concerned about drainage onto his property and the retention pond.  With no other 
public comments, Chair Snyder closed again the Public Comment session.  Chair Snyder 
opened the issue of the preliminary plat approval for discussion.  Ms. Snyder directed 
attention to the "Memorandum" written by Lynee Wells, AICP, of  Williams & Works, the 
Township's planning consultants.  Discussion centered on just what the Planning 
Commission's role is to be in considering approval of a preliminary plat.  There 
seemed to be confliction in Ms. Wells memorandum where she states; "so long as the 
request for subdivision conforms to the dimensional standards and the uses of the 
Residential/Agricultural zoning district, the request should be approved."  By that 
statement Ms. Wells implies that it is strictly limited to lot sizes, lot orientation 
and street layout only.  But in Ms. Wells recommendation she states that "our 
recommendation is for the Planning Commission to not approve the site plan until 
all required information is provided per section 12.03 of the Township Zoning Ordinance 
and section 111 of the Land Division Act."  That statement includes information showing 
building type, design, architecture and identification of building setbacks/building 
footprints, future topography and drainage systems.   The Planning Commission was 
informed last year, when this project was being considered under a PUD (Planned Unit 
Development), before being withdrawn, that a preliminary approval must be granted by 
the Township before the Drain Commission considers the drainage issue.
In reviewing the preliminary plat drawing the Planning Commission expressed concerns 
on Lot #1 not having a driveway shown within 20 feet of the East property line at 
Spring Creek Road as conditioned by the Berrien County Road Commission.  Also Lot #2 
shows a driveway onto Spring Creek Road where the Berrien County Road stated that 
driveway must be onto Oak Hill Court.  Another issue of concern is the storm water 
outfall from the second collection box on Oak Hill Court that drains to the West property 
line unto the Bardusk property.  The retention basin, in the center of the cul-de-sac, 
does not show any means of water level control to prevent overflowing during heavy 
rains.  The site plan also appears to show only eight (8) perk test locations when ten 
(10) building lots are proposed..
Another area of issue is the role of the Planning Commission in the approval process 
of a preliminary plat approval.  Again referring to Ms. Wells memorandum, she indicates 
some question as to the Planning Commission being the "Governing Body" or are we only 
making a recommendation to the Board of Trustees?
Having many issues and questions concerning the process of reviewing for approval or 
denial of a preliminary plat request and legal questions and concerns, a motion by 
Jackson, supported by Khoury, to submit to the Township Attorney, the Site Plan and 
supporting documents of the Three Oaks Hills/Maloney preliminary plat approval request, 
for review and recommendations before our August 28, 2007 Planning Commission meeting.  
In a roll call vote the following votes were recorded with a "yes" indicating support 
of the motion;
Jackson,  yes                       Kramer,   yes                         Mitchell,  yes
Khoury,   yes                       LaLone,  yes                          Seifert,    yes
Klute,      yes                       Mangold, yes                         Snyder,    yes
Abstentions,  none
The motion was approved 9-0.
Mr. Jackson made a suggestion that Chair Snyder talk to Township Supervisor Sittig to 
see if it would be possible to have, in the annual Township budget, an amount set aside 
for legal assistance fees for the Planning Commission.

Having no further business, a motion for adjournment by Jackson, supported by Mitchell.  
The motion was approved 9-0.  The meeting was adjourned by Chair Snyder at 8:21 pm.

Respectfully submitted,


George A. Mangold, Secretary