Three Oaks Township Planning Commission
Public Hearing
Tuesday, October 24, 2006

The Three Oaks Township Planning Commission conducted a Public Hearing to hear public 
comment regarding a Special Land Use Permit request for a 13.9 acre, eight (8) home 
Planned Unit Development (PUD) to be known as Three Oaks Hills.  The parcel being 
considered is identified as Property Tax I.D. No. 11-20-0024-0004-11-1, located at 
4980 Spring Creek Road.  The applicant is Terry Maloney, 1010 N. Division St., Urbana, 
IL 61801.
Chairman Miciunas welcomed those in attendance and asked that they sign the attendance 
sheet. (see attached)  Chairman Miciunas opened the Public Hearing at 7:02 pm and asked 
those present, wishing to be heard, that they present new information.  Comments were 
heard and recorded on this application at a Public Hearing on June 27, 2006 so there 
was no need to be redundant on issues.  Chairman Miciunas read the notice of Public 
Hearing and stated that all requirements to conduct a Public Hearing have been met.  
Chairman Miciunas introduced three invited guests; Laird Willard and Ken Priest of the 
Berrien County Department of Health and Brian Berndt, P.E. of the Berrien County Road 
Commission.  Planning Commission member Chris Mitchell stated for the record that, 
because of conflict of interest, he will not participate in the discussion nor participate 
in any vote.
Attorney Larry Frankle, representing the applicant, gave a brief presentation of the 
issues of concern from the previous Public Hearing and informed those present that the 
new site plan includes a sixty-six foot wide road way that will be paved.  Attorney 
Frankle stated that all drainage and water runoff issues will be met, and that all 
well and septic systems meet County Specifications.  Attorney Frankle asked that the 
Planning Commission grant preliminary approval for the PUD.
Chairman Miciunas noted for the record that written communications have been received 
from Mr. and Mrs. David Dodd of 5197 Spring Creek Road and Donna and Christian Mitchell 
of 4934 W. Spring Creek Road. (attached)
Laird Willard of the Berrien County Health Department explained the soil conditions 
present at the site and that they meet Michigan Site Condo Requirements.  Mr. Willard 
also commented on the existing well on the property.  Although being high in Iron 
content the water meets the Berrien County Health Department guidelines.  Ken Priest 
described how the "soil borings" actually back-hoe diggings are done.  Brian Berndt 
commented that ,although he had not seen the new site plan before this evening, no 
discharge of water from the site can flow on the Spring Creek right of way and that 
the taper on the West side of the site needs to get that neighbors written permission.
The following read from prepared statements: (attached) Joe Bradusk, Brian Wilkey, 
Jennifer Estep, David Dodd, Mike Ehlert, Geoffrey Gilbert and Shawn Estep.  Donna 
Mitchell, Henry Krueger and Jeff Bartos commented on their opposition to the proposed
development mainly from a density factor as compared to the existing larger acreage 
parcels in the area.
Attorney Frankle addressed the four questions that were posed by Jennifer Estep. (1) 
Sale of homes to Illinois residents only? How?  Attorney Frankle's response: Open to 
all potential buyers, marketed to second home owner Chicago market.  (2) What kind of 
homes allowed?  Attorney Frankle's response:  Stick built constructed, not manufactured 
homes, with average square footage between 1400 to 1500 to try to make them affordable.  
(3) Road issue concerning the winter months?  Attorney Frankle's response:  Now a 
non- issue since the road conforms to Berrien County Road standards.  (4) Pond issues?  
Attorney Frankle's response:  Now a non-issue since the pond has been removed from 
the site plan.  This concluded the public comment session of the Public Hearing.
Attorney Frankle stated that the applicant is withdrawing the PUD application at this 
time.  Chairman Miciunas responded that if he understood the statement that just was 
made, there is no longer any site plan to be reviewed and there is no longer any purpose 
for the Public Hearing.  Chairman Miciunas closed the Public Hearing at 8:28 pm.


Respectfully submitted,



George A. Mangold, Secretary