The Orion Township Board agreed with a decision by their planning commission at last Monday’s meeting, upholding the denial of a petitioner on Baldwin Road to change hours of operation on his property.
The decision likely will prevent landowners Eugene and Martin Scypinski from selling their property, just north of Brown Road, to a Del Taco developer. It would mark the second such time they’ve had a deal fall through.
Neighbors on Georgia Road, behind the proposed development, have opposed the idea of a drive-thru restaurant near their backyards.
At their Feb. 4 meeting, the board heard an appeal by the Scypinskis and sent the item back to the planning commission, citing a ‘lack of findings of fact.?
The planning commission denied the request again on March 5, prompting a second appeal, heard last week.
The Scypinskis were represented at the meeting by attorney David Lipski, who requested that the board look at evidence contrary to what was offered by the planning commission in March.
‘They ambushed us with a non-random, particular sampling of properties that fit perfectly into their description of how late a drive-thru should be open,? he said, ‘and left out all of the drive-thrus and restaurants that directly support our position.?
The board opted not to consider the new information, instead upholding the planning commission’s denial.
‘The acceptance of actual documents and photographs would be inappropriate because it expands the record and we don’t have the benefit of knowing if the planning commission considered it,? Trustee Matt Gibb said.
Attorney Shannon Ozga agreed.
‘What you’re looking at is the recommendation from the planning commission before you and the application from the petitioner,? she said, noting that looking at any other material would require a motion.
Trustee John Steimel, the board’s planning commission representative, removed himself from the discussion and the board allowed him to abstain with a unanimous vote.
Some board members expressed a desire to hear what Steimel had to say on the matter, but Ozga again advised that only the planning commission documents and application should be considered.
There was no motion brought forward to consider new information and, as such, the items of evidence offered by Lipski were not accepted.
During his presentation, Lipski hinted there might be an ulterior agenda by township officials for a specific development on the land in question.
‘Of course, we would require more time to investigate that,? he said.
Township Supervisor Jerry Dywasuk denied any such allegations saying that the board, along with the planning commission, is acting in what they believe to be the best interests of the township.
‘The planning commission has spent hours and hours going over this stuff,? he noted.
There was some confusion among board members as to whether the Scypinskis should submit a new application. Ultimately, they didn’t have to, but it wouldn’t stop them from trying again.
‘They can start all over if they want to,? Dywasuk said.
Gibb was the only board member to vote against the planning commission’s decision. He cited the future zoning for the property on the entire block, as called for by the new master plan, which is commercial.