When poet Robert Frost penned his famous line ‘good fences make good neighbors,? it’s obvious he didn’t consult anyone living around Stony Lake in Oxford Twp.
‘Any fence there would really ruin everybody’s ability to have any kind of a happy existence there,? said Barry McWilliams, who lives on Brabb Road.
Residents of the Brabb-Dewey subdivision, which borders Stony Lake Township Park on the north side, packed last week’s township board meeting until it was standing room only to protest the idea of erecting a perimeter fence between the park and their neighborhood.
‘I’m really not very happy with the idea of a fence,? said David Martin, who’s spent 50 of his 60-some years in Oxford living at Stony Lake. ‘And I think I would go to great lengths to see that this fence didn’t go up.?
Whose idea was the fence?
A perimeter fence was recommended by the township’s insurance carrier ‘in an effort to prevent entry into the park after hours.?
‘This will help to minimize any potential and/or existing vandalism due to the proximity of the park and nearby residential area, and can assist in minimizing a potential liability hazard due to the park’s location along the lake,? wrote Pam Baker, risk control representative for the Michigan Twp. Participating Plan.
‘This is the second time they’ve made this recommendation to us,? noted Rick Laidler, chairman of the Oxford Township Parks and Recreation Commission, which maintains and manages all the township-owned parks.
Stony Lake Township Park is only open to the township residents from Memorial Day weekend through Labor Day weekend.
The park land was sold by Sarah Brabb to the township in November 1899 for $1,175.
According to the 1899 deed, the township ‘agreed? to ‘at its own expense construct and maintain all necessary fences to enclose the above described lands.?
‘I don’t think the parks and rec. commission has taken a position on the fence,? said Laidler, noting his board was seeking direction from the township as the landowner.
On a personal note, Laidler told the board, ‘I don’t care if you put a fence up there or not. In fact, I’m against the fence.?
Even Parks and Rec. Director Ron Davis, who could not attend the meeting, indicated to this reporter he ‘could care less about the fence.?
‘You can put up a four-foot or a 10-foot fence, if people want to get in, they’re still going to get in,? he said. ‘The fence was never an issue with me.?
The protest
Building a fence didn’t sit well with Brabb-Dewey residents who have enjoyed unfettered access to the park and lake for generations.
‘For 34 years, I’ve had access to my property by crossing over the park property to put my boat on our property and our travel trailer on our property,? said township Trustee Pat Fitchena, who lives on Brabb Rd., noting there’s no other way to access her parcel. She has no driveway or garage.
However, by doing this, it appears Fitchena may be violating township Ordinance No. 56, which prohibits the operation of motor-powered vehicles in park areas not designated for them.
In an August 2007 letter to the parks and recreation commission, Fitchena indicated they only move the trailer six times a year and the boat four times when the park is open. She also stated that eliminating her ‘sole access? to her property via the park would constitute a ‘taking? of her rights.
‘It’s my understanding that we have prescriptive rights,? Fitchena said.
Other residents were worried about what kind of an image a fence would convey.
‘What are we telling everybody in the outside world about Oxford when you put a fence up around a beautiful park like that?? said David Kopko, who lives on Dewey Rd. ‘You’re not protecting us by taking things away from us.?
‘Closing off a park to our community right now is the worst thing we could do for Oxford,? said Sam Barrie, a resident of Ora Rd..
‘What better way to drop your property value than have a fence put up. Who wants to live in a concentration camp?? said George Cutler, who’s lived on and off at Stony Lake since 1947. ‘You can look across at the park, but you can’t get there. Nobody’s going to buy your home.?
A fence won’t stop vandals
Residents were skeptical of the idea that a fence would help curtail vandalism at the park.
‘You’re not going to stop a bad apple with a fence,? Barrie said.
‘I think a fence might keep me out cause I’m almost 70 years old and too heavy to climb that fence, but if I was 15 years old a fence would just be a challenge to me,? Martin said.
‘The liability with the fence there would be just as great because I guarantee you these kids would be climbing over those fences to get to the park,? Fitchena said.
Bryan Jeans, who lives on Ora, noted, ‘The vandalism isn’t coming from our side.?
Jeans said young vandals park at Meijer, come across M-24 in groups and hop the fence along the front of the park.
Kopko pointed out that many Brabb-Dewey residents have ‘thwarted? those attempting to vandalize the park. ‘We see them in there, we chase them out,? he said. ‘We protect it because it’s special to us.?
A deed to the land under the water?
Ultimately, officials voted 6-0 to declare that ‘the township, at this time, has no desire to fence that park? based on their study of the issue and public input.
Township officials felt having a fence between the park and subdivision wouldn’t lessen the liability or insurance premiums.
‘If there’s no reduction in premium nor any reduction in liability, there’s no purpose for the fence. That’s the bottom-line,? Ferrari said.
Officials also based their decision on the fact that Brabb-Dewey residents appear to have legal access to Stony Lake ? which is separated from the subdivision by the park ? built into each of their property deeds.
‘I think that deed overrides being able to do not just fencing, but I think it overrides different things that we may want to do,? said township Trustee Sue Bellairs.
According to a 1938 quit claim deed, George and Lulu Dewey conveyed to the Brabb-Dewey Association ‘all of the land and lands submerged under the waters of Stony Lake.?
This was done ‘expressly for the use, benefit and enjoyment of each and every owner of lots in the Brabb-Dewey Subdivision, individually and including their families,? according to the quit claim deed. In the event of the association’s inactivity or dissolution, the deed states ‘the rights and benefits to continue in the individual lot owner.?
‘Evidently, the insurance company doesn’t realize how this was deeded to the owners of the properties there,? Fitchena said. ‘I think they need to know that the residents at Stony Lake own the land under the water.?
‘The only reason I moved there is because we had a park and we had, on paper, access to that water,? said McWilliams.
A taxing issue
Davis said if it’s true that Brabb-Dewey residents own the land under Stony Lake, then he feels they should pay the township a portion of the nearly $17,000 in property taxes it shells out every year to keep the park open to township residents only. ‘If that’s the case, then they need to reimburse the township,? he said.
The park is taxed as a 34.17-acre parcel, even though the actual walkable land is 13? acres, according to the 1899 deed. That means the remaining 20.67 acres being taxed is part of the lake itself.
‘Theoretically, (the tax is) spread across everything,? said Dave Hieber, manager of the Oakland County Equalization Division.
Clarification sought
In the end, Davis said he just wants a definitive answer from the township as to whether or not Brabb-Dewey residents are free to come and go the park whenever they want.
‘I need some clarification of where we stand as far as can they access it or can’t they,? he said. ‘The biggest complaint I have is the fact that if (Brabb-Dewey residents) can use the park year round why can’t (other township residents) go in there and ice fish??
Davis said his department receive calls from residents who see people using Stony Lake Park when it’s closed and want to know why they as taxpayers can’t use it, too.
‘I want to know what to tell them,? he said.
By ordinance, the park is only open to township residents from 9 a.m. to 9 p.m. from Memorial Day weekend to Labor Day weekend.
‘By no means is anybody allowed in there during those off hours or closed seasons,? said Davis. ‘It doesn’t say with the exception of the Brabb-Dewey subdivision.?
A 1997 opinion from township attorney Gary Rentrop stated, ‘there is no exception provided for allowing some people, but not others, to enter the park when it is closed.?
Davis said if the township wants to change that, it would have to rewrite the ordinance.
Fitchena said ?90 to 95 percent? of subdivision residents obey the rules and only go in the park when it’s open.
‘I’m not saying that a kid wouldn’t go out there on his roller-skates and ride in the parking lot after Labor Day,? she said. ‘It does happen.?