Past Updates From Our President

Let's recap all that has happened over approximately 4  years of TESA involvement: 

- Two proposals for an RV Park on a hillside site in Torch River Bridge were DENIED by the Planning Commission. 

- The RV Park Ordinance was REVISED to downside potential density, add green belts,  protect against environmental runoff and more. The Ordinance means that an RV Park on that site is unlikely to be feasible and the site is more suited to alternative, lower impact uses. (See more ORDINANCE DETAILS below. )

- A POTENTIAL SALE for a 14-unit residential subdivision FELL THROUGH  after the Buyer discovered all of the prescribed remediation still required if the site is developed. 

- The Property was LISTED for $1.5 million and FAILED TO SELLl. It is currently OFF THE MARKET.

- Sun Life Marinas, a national operator, has purchased the adjacent marina (reportedly for $10 million) from the three partners JJ&J, one of whom is also the owner of the cleared, off-market site. 

TESA CONTINUES TO WATCH FOR ACTIVITY ON THE PROPERTY. WE SUPPORT RESPONSIBLE, LOW IMPACT DEVELOPMENT AND WILL FIGHT AGAINST INAPPROPRIATE PROPOSALS THAT NEGATIVELY IMPACT THE COMMUNITY OR THE ENVIRONMENT. 

Throughout 2023, TESA engaged experts to provide data in order to prove to Milton Township Planning Commission that the township’s ordinances pertaining to RV Parks required revisions to better protect the environment and the Villages that allow  for RV Parks by Special Use Permit. .We attended and spoke up at every meeting, wrote letters to commissioners, and encouraged everyone to attend public hearings. Most importantly, we hired Dr. Chris Grobbel, an expert in town government and planning, to advise us and represent our interests at planning meetings.
SUCCESS! On Monday, February 13, 2023, the Township Board approved all the changes recommended by the Planning Commission. Thanks to everyone’s persistence, the township added 12 new rules and modified 6. The new ordinances go a long way in restricting inappropriate RV development in both Torch River Bridge and Kewadin villages.
The most significant changes affect… 

• the density of future RV sites (4 units/acre, down from 8/acre) 
• how density is calculated (further restricting size) 
• screening and green belts (more protection required) 
• allowable slopes (steep slopes excluded from density calculations) 
• stormwater retention (measured by 100-year flood levels) 
• the timing of approval (only after all permits are secured) 
• escrow fees (may be required up front if appropriate) 

On the flip side, in May, 2023 we learned that the potential buyer for use of the site as a residential project decided not to go  forward with purchasing the property. The 16.87 acre parcel is  listed with Don Fedrigon (REMAX) for $1.5 million.
As we approach year end 2023, TESA is monitoring all environmental activity, Township activity, and the sales listing for changes. We will alert TESA followers when anything changes. Ideally, the property will be sold for a low impact use. Happy Holidays to you all. 

The site was reportedly under contract for sale, contingent upon approval of a residential condominium subdivision, currently proposed as 14 single family homes.  In general, residential use of this site would appear to be much more appropriate for the surrounding community. 

Stabilization of the site has been delayed, but there is a great deal happening behind the scenes. TESA will continue to monitor all proposals with our legal, engineering and planning team. We continue to attend town meetings and work to ensure responsible development of the site including required remediation. 

ALSO IMPORTANT - ATTEND PLANNING COMMISSION MEETING 

THURSDAY OCTOBER 20 at  7 pm 

Milton Town Hall 

 7023 Cherry Street

Kewadin, MI 49648

There is a Public Hearing on Thursday, October 20 at 7 pm to discuss planned ordinance revisions to the Milton Township RV Park ordinance. 

YOUR VOICES ARE IMPORTANT! 

While the proposed revision includes a number of improvements, especially in terms of environmental risks, it still contains these practical concerns for either of the Villages (Kewadin or Torch River Bridge) which could come from any future RV Park proposal :  

1. High density allowed compared to surrounding area RV parks. 

2. Parking allowed offsite could still cause safety and nuisance problems. 

3. Noise abatement is discretionary, not required.  

4. If any future proposal is on the water, "funneling" of sites to shoreline not addressed.

5. Dark skies lighting not addressed. 

Please READ THE PROPOSED ORDINANCE (Go to JUST THE FACTS page) and assess it for yourself.   

Let the Planning Commission know both your support and your concerns either in person at the meeting or in writing in advance to:

miltonzoning@gmail.com or

Sara Kopriva, Zoning Administrator

PO Box 309

Kewadin, MI 49648

In 2021, TESA filed a lawsuit against the land owners (Brewers) and the Antrim Conservation District to force stabilization measures that would stop continuous run-offs and further damage to the environment at the proposed RV Park site. On June 7th, 2022, after months of mandated mediation, the parties reached an agreement on a “whole site stabilization plan”  with regular monitoring.   

WHAT THIS MEANS  

• The Antrim Conservation District must monitor progress and provide regular, publicly available updates to the Antrim Conservation District board.    

 • We anticipate work to start soon and to be completed in the fall. Topsoil, mulch, and seeding must be done within 5 days after the work is finished, and no more than 15 trees may be removed (none along Torch River Road without going back for the  Conservation District’s approval.   

• We avoided an estimated $100,000 lawsuit expense if mediation had failed and a full trial was required. 

WHAT TO WATCH FOR  Two applications for an RV Park have been submitted and both denied by the  Planning Commission. The first denial was appealed in court and rejected by the judge.  The second denial was also appealed and has yet to come before the judge.  However, we expect the second appeal will be rejected by the judge as well.  

Will THE BREWERS PRESENT A THIRD APPLICATION FOR AN RV PARK?  

We are watching for any next steps. Stay tuned.   

THANK YOU TO ALL OUR SUPPORTERS – WE CANNOT DO THIS WITHOUT YOU!  With continuing gratitude, John Spevacek President, 

TESA  CONTRIBUTIONS ARE STILL REQUIRED FOR ONGOING LEGAL WORK!  EVERY DONATION IS AN INVESTMENT IN YOUR COMMUNITY.   PLEASE GO TO  THE BOTTOM OF THIS PAGE  AND MAKE A CONTRIBUTION TODAY. THANK YOU!  

BREAKING NEWS ~ ANOTHER SUCCESS! After Milton Township’s Planning Commission denied approval for an 80-unit RV Park in July 2021, the developer, James Brewer, formally appealed the decision. On April 18, lawyers for Milton Township and Mr. Brewer went before Judge Elsenheimer in Michigan’s 13th Circuit Court.   

TIME FOR ANOTHER HIGH FIVE ~ JUDGE ELSENHEIMER UPHELD THE DENIAL!     

Now what? 

Proposed Zoning Change: Efforts are underway to change the Milton Township zoning ordinances. Currently, the ordinances allow developers to submit a special land use permit (SLUP) application for an RV Park in Torch River Village. A group of concerned residents hired Dr. Chris Grobbel, who has a Ph.D in Environmental Policy and Law, to present arguments for changing the current ordinances.  This is a multi-step process which could have major implications for RV developments in both Township Villages.  TESA supports these proposed changes and will assist this effort as appropriate. 

Awaiting Second Appeal: Developer James Brewer recently filed a second formal appeal of the January 2022 decision by Milton Township’s Planning Commission to deny a 70-unit RV Park. We are following how this second appeal unfolds, and will keep you up to date.     

Legal Fight Continues: We continue to work with our legal team and outside professionals on other strategies related to the RV Park and its future. Once again, we take this opportunity to thank you for all the support you have given and continue to give as we proceed along different fronts. 

Your Support is Still Needed: This is a community effort, and all success has been because of your involvement.   To remain successful, we need your continued support – this is a marathon, not a sprint.  Again, I thank you for your role in the successes we’ve all achieved so far.   

PLEASE HELP FUND ONGOING LEGAL ACTIONS! ALL CONTRIBUTIONS ARE SECURE AND ARE APPLIED ONLY TO LEGAL AND OTHER EXPERTS' WORK. 

 Our legal team is actively engaged in preparation for the Injunction Lawsuit filed by TESA against the Developer James Brewer and the Antrim County Conservation Commission for failure to protect the environment during site clearing. All information is confidential at this point. We will keep you informed as the lawsuit moves through the Court process. 

Dear Friends,  

Once again, I want to express my deep gratitude for your support – donations, letter writing, meeting attendance, etc.  It makes ALL the difference!  The saying, “It takes a village…” is overused, but truly describes how critical your participation has been. 

 On Jan 24, 2022, the Planning Commission denied the latest application for a reduced (70-unit) RV Park.  Although this was a major success, we can’t sit back!  While the developer plans his next moves, we are focusing on several areas:    

LAWSUIT.  Last year, TESA took the developer to court for the environmental damage he caused after he denuded the site.  We have an ongoing, court-ordered injunction that prohibits the developer from doing any work on the site until further notice from the court.  We continue to fight the developer to prevent further environmental impact, and we are working with our lawyer to build a strong case to that effect.    

TOWN BOARDS AND COMMITTEES.  We are maintaining a constant presence at meetings of the Milton Township Board of Trustees, the Milton Township Planning Commission, the Antrim County Board of Commissioners, and the Antrim County Planning Commission, either in person or on Zoom, so we can stay informed, show we remain vigilant, and participate when appropriate.  We particularly have our eye on an important initiative of Milton Township’s Planning Commission – the Steep Slopes subcommittee.  Steep slopes are an environmental resource and play a major role in the area’s rural character and water quality.  We want to make sure the subcommittee strengthens the township’s commitment to protecting our steep slopes, and we encourage you to attend these meetings and voice your support for the adoption of a strong Steep Slopes ordinance.    

OUTSIDE HELP.  We rely heavily on outside counsel and expertise.  Our legal team helps us develop strategies and represents us in judicial matters, such as our current lawsuit. Engineering advisors provide essential technical analysis on issues such as stormwater control and site stability – and will be critical if and when there is yet another development proposed for the site.     

PLEASE HELP US KEEP GOING! To remain successful, we need your continued support – this is a marathon, not a sprint.  PLEASE CLICK ON "DONATE" BUTTON BELOW. ALL CONTRIBUTIONS ARE SECURE AND GO DIRECTLY TO LEGAL AND ENGINEERING EXPENSES.   Again, I thank you for your role in the successes we’ve all achieved so far.    

See TV coverage of the January 3rd Public Meeting here:  https://upnorthlive.com/news/local/no-decision-made-on-proposed-rv-park-in-antrim-county 

On January 3rd, over 100 people in the Elk Rapids High School auditorium, plus 200 more on Zoom, attended a public hearing regarding the RV Park application under review by the Township Planning Commission. The community voiced concerns in opposition to the application diligently and clearly for four hours. Only two members of the public spoke in favor the entire night. In addition, over 100 letters in opposition to the proposal were also received by the Planning Commission. 

Concerns largely focused on the ways the application FAILS TO SATISFY A NUMBER OF THE TOWNSHIP ORDINANCES;  the potential for future silt and water runoff and contamination onto adjoining properties; noise; potential well contamination; inappropriate density;  inadequacy of parking; life safety concerns; traffic; inconsistency with Village character; permanent and unpermitted destruction of forest and natural topography; and much more.  

TESA's legal and engineering team also provided substantial testimony, calculations and analysis to the Planning Commission both in advance of and during the meeting.  

At the conclusion of the meeting at approximately 10 pm, the Planning Commission voted to close the Public Hearing portion of the application review process. This means that no further comments or written material will be accepted into the record, neither from the applicant or the public.  It also means the Planning Commission feels it has all the information that it needs to render a decision on the application.  

The next step will be a meeting of the Planning Commission to deliberate. As with all Planning Commission meetings, the public is welcome to attend and may speak during the Public Comment session of the agenda at the beginning of the meeting only. Unless something changes from the ordinary course of this process, neither the applicant nor TESA will be presenting further information. The Zoning Administrator Sara Kopriva will prepare a written Finding of Fact document for the Planning Commission and the public, promised at least one week in advance of the meeting.  THE PUBLIC IS STRONGLY ENCOURAGED TO ATTEND THE UPCOMING PLANNING COMMISSION APPLICATION REVIEW MEETING IN PERSON OR VIA ZOOM (Zoom Link will be posted here as soon as available). 

Meeting Location: Monday, January 24 at 6 pm.  ELK RAPIDS HIGH SCHOOL  Peterman Auditorium     308 Meguzee Point Rd.    Elk Rapids, MI 49629  

To Concerned Citizens, 

Legal Injunction Update:       On Wednesday December 8, TESA had its second court appearance before the Michigan 13th Circuit Court (Hon. Thomas G. Power presiding). Attorneys for TESA (the plaintiff) and the Developer and the Antrim County Conservation District (Co-Defendants) presented their arguments to Judge Power. It was our goal to seek a preliminary injunction to limit the Defendant’s excavation activities.     

As you know, it has been our belief that the Developer has been using the guise of remediation of the property to do excavation that meets his RV Park plan. While we acknowledge that he has done some remediation, we believe his plan falls short of what is needed to fully stabilize the site and has, in fact, been constructing his RV park.  After hearing arguments from both sides Judge Power retired to his chambers. Upon returning Judge Power rendered the following decision: The Defendant may not cut or remove any tree or trees from their property ID for any reason; The Defendant may not conduct any land surface alteration and earthwork on the  property, including but not limited to, excavating, bulldozing, grading, and deposition of soils, except as authorized herein; and The Defendant may not engage in any further development of the property including the creation of new access roads to, from or within the property.      

This is a strong win for TESA. We now have additional means to limit the Developer’s attempts to build his RV park. I will point out that Judge Power faulted the Defendant several time for clear cutting the property and leaving the land exposed for so long that it was inevitable that the eventual rainstorms in 2020 and 2021 would cause the erosion damage that they did.  This order will remain in effect until further order of the court. Important Public Hearing:      

Important Upcoming Public Hearing:  Please mark your calendars for January 3, 2022 at 6PM. The Developer has submitted a second Special Land Use Application to build the RV Park and there is a Public Hearing scheduled at 6:00 pm at ELK RAPIDS HIGH SCHOOL 308 Meguzee Point Rd, Elk Rapids, MI 49629  Please attend in person if you can. It will also be available on Zoom. Check the Township website: miltontownship.org or our Home Page for the Zoom link.       Also, please write to The Milton Township Planning Commission with your thoughts and concerns about this proposed RV park.  THANK YOU!    

1.  Email (preferred) to Miltonzoning@gmail.com 

2.  Mailed to:            Sara Kopriva. Milton Township  Zoning Administrator

                                  7023 Cherry St.            Kewadin, MI    49648  

3.  Delivered to:            Sara Kopriva  (handing to clerk or others in the office is OK )            

Milton Township office:            7023 Cherry St.            Kewadin, MI    49648 

On November 15, the Milton Township Planning Commission held a Special Meeting to allow the developer/applicant to introduce the revised RV Park Application to the Commission. Only the developer's team was allowed to present information at this meeting, except for public comment at the beginning, limited to 3 minutes per person. This is all standard procedure for the Planning Commission. At the end of the meeting, the Commission voted to send the new RV Park application to Public Hearing on January 3, 2022 at 6 pm at ELK RAPIDS HIGH SCHOOL located at 308 Meguzee Point Rd,  Elk Rapids, MI 49629   TESA'S LEGAL AND ENGINEERING EXPERTS WILL PROVIDE FULL LEGAL AND ENGINEERING ANALYSIS TO THE COMMISSION PRIOR TO THIS PUBLIC HEARING AND WILL ALSO BE PRESENTING THEIR FINDINGS THAT THE APPLICATION DOES NOT SATISFY SEVERAL OF THE TOWNSHIP ZONING ORDINANCES.   YOUR PRESENCE AT THAT PUBLIC HEARING, YOUR COMMENTS AT THE HEARING AND YOUR LETTERS TO THE COMMISSION PRIOR TO THE HEARING ARE ESSENTIAL!  Thank you,  John Spevacek, TESA President  Letters  to the Planning Commission should be addressed to:  Zoning Administrator  Milton Township PO Box 309 Kewadin, MI 49648  Email:  miltonzoning@gmail.com  TESA has engaged top-notch legal and engineering experts to oppose the application. There are many flaws to the project and project plans that they will highlight at upcoming meetings. Your donation goes entirely to legal and engineering expertise.  

OCTOBER 11, 2021

The original 80-unit RV Park was denied. However, on October 11, the down-state developer filed a new Application for a 70-unit RV park on the same site. This proposal, although slightly downsized, is as fundamentally flawed as the first attempt. 

Meanwhile, the developer is appealing the original denial in court. We expect the developer will lose his appeal, which will uphold the Planning Commission’s rationale for denial. However, TESA has already engaged expertise to combat the new Application. TESA is also pursuing legal action against the developer for environmental damage from the site already done

As before, we will need your help to rally the community to write to officials, speak out at meetings, write letters to newspaper editors, document any environmental events at the site, and most importantly - spread the word to everyone who cares about the Village of Torch River Bridge and the surrounding watershed.

 Dear Concerned Citizens,

     As President of the the Torch Elk Skegemog Alliance (TESA), I want to update you on the proposed RV park at Torch River Bridge by a Developer, James Brewer.

     Last summer the outcome of an Application for a Special Use Permit to construct an RV park in the Torch River Bridge Village was uncertain. However, in response to the immense public outcry expressed through letters to the Planning Commission, in newspapers, TV coverage, and people speaking out in public meetings, the Township hired an independent consultant, Beckett & Raeder, Inc. to review the Application. The public objected to potential soil erosion, pollution, groundwater contamination, increased traffic and noise, safety concerns, impact to existing residences and the disruption of the general character of the Torch River Bridge Village. Beckett & Raeder determined that the RV park plan did not meet several important sections of the Milton Township Zoning Ordinances. As a result, on July 13, 2021 the Milton Township Planning Commission voted unanimously to deny the Developer’s Application for a Special Use Permit. He has appealed this decision in Circuit Court. TESA intends to follow the appeal closely. 

     The fight is not over.

     The Developer initially clear-cut and bulldozed the land without proper permits. This reckless butchering of soil and removal of vegetation led to severe washouts spreading large amounts of sediment onto adjacent properties including wetlands across Torch River Road. As a result, a neighbor is suing for damages, with a trial to be held this fall. TESA filed an injunc5on lawsuit in which we call out violations of the Michigan Environmental Protection Act as well as violations of Milton Township’s Zoning Ordinances. The injunction resulted in court-ordered remediation and input from engineering experts hired and paid for by TESA. However, the Developer refused to accept such input and continues to use soil and erosion permits, issued by the Antrim County Conservation District, to completely remove all remaining trees, shift the land more than 80 feet closer to Miller Road, and create a plateau which looks way too much like an RV park, which was denied back in July.

     There has been an egregious lack of local governmental oversight of these so-called remediation permits. If our government agencies will not protect our natural resources, then we must do so in the courts. TESA will be back in court shortly to pursue additional remedies against both the Developer and responsible authorities. In addition, thanks to your photos and phone calls, the Michigan Department of Environment, Great Lakes, and Energy (EGLE) visited the site and issued a violation for the sediment that washed into the wetlands. Court ordered mediation will likely be required in advance of any final decisions by the Court.

     If the Developer’s appeal fails, (which we consider likely), we anticipate he will submit a second Application for a Special Use Permit for an RV Park in the Village. Your voices tipped the scales in favor of denial before. Your letters, phone calls, and appearances at public meetings will be again be needed.

     Your additional monetary contributions toward defeating this development are also needed at this time. TESA has incurred over $50,000 in legal and expert expenses, and expects to incur as much or more in the coming months to continue this fight. All donations are held in the Olson, Bzdok & Howard Trust Fund, to be used solely for legal and expert expenses. Contributions may be made by credit card, bank account debit, check, or over the phone. Instructions are below.

     I intend to write you monthly with updates, or more often as needed. 

     Thanks you for your attention, and your willingness to invest in the future of our extraordinarily beautiful and environmentally sensitive area that we all cherish and are fighting to protect.

Sincerely,

John Spevacek, TESA President