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Blossom Ridge Referendum Pushed To May

Three attorneys. Three opinions. Now there will be a fourth.

 

After its second closed meeting in as many weeks, the Oakland Township Board of Trustees voted at a special meeting Monday to seek a fourth legal opinion regarding a rezoning granted for the proposed Blossom Ridge senior housing development.

The board will also seek an opinion from the Michigan Attorney General and is now hoping to put the referendum on the rezoning on the May ballot, not February as originally intended.

“I think it is incumbent upon us to do as much due diligence as we can to represent the citizens and do it right,” said supervisor Terry Gonser. “It’s unfortunate in my mind that we can’t go forward on Feb. 26. … I’ve always felt it was better to be right than fast.”

Last week, the newly elected board received a letter from attorney Gregory Need, who said the township had skipped a required step in the rezoning process. Need was hired by several residents, one of whom filed the referendum petition.

Because the Blossom Ridge site at Dutton and Adams borders Rochester Hills, the township was required to notify an Oakland County committee of the planned rezoning so that the bordering community could weigh in. Because that didn’t happen, Need wrote, the rezoning is invalid and the referendum cannot go forward.

Edward Kickham, attorney for developer Dominic Moceri, reminded the board that he wasn’t allowed to see Township Attorney Steven Joppich’s opinion on the matter. But, he said, “If it is the decision of the board (that) Blossom Ridge is rescinded, it would be a case of selective enforcement because it’s not something the township has done in the past.”

Moceri argued that the township has not submitted other border developments to the county, including Country Creek, a PUD with commercial development that borders Orion Township. He also noted that Deputy County Executive Matt Gibb spoke in support of Blossom Ridge at a 2011 planning commission meeting.

Several residents at Monday’s meeting remembered Gibb’s comments and said they found them offensive in their focus on job creation, not resident concerns like traffic.

“He did suggest that Blossom Ridge would create many, many new jobs in Oakland Township,” said Annalisa Rogers. “It would actually be a business, a senior business there that would actually have people show up for work on any given day. … Mr. Gibb didn’t really help Blossom Ridge’s initiative as it relates to how he positioned it.”

At next week’s meeting, the board plans to select another attorney. Beyond that, many procedural questions remain unanswered and Monday’s motion did not, in the end, address the county issue at all.

“In a perfect world, the plan would have gone from the planning commission to the county before it came to the board of trustees. But that obviously didn’t happen.” Gonser said. “So technically, now, the decision is in the hands of the electorate. It will not come back to this board.”

 

 

Related Topics: Blossom Ridge, Terry Gonser, and dominic moceri

francis P. Hughes

7:50 am on Tuesday, December 4, 2012

This is yet another example of the arrogance and incompetence of some members of the Fogler Board ignoring the legal requirements pertaining to any proposed amendment of Oakland Township's Zoning Ordinance. Where was the legal oversight? A large portion of Rochester Hills was also affected by this clumsy attempt to rush through major changes in our Zoning Ordinance to over develop a parcel of land and thereby lessen the value of nearby properties and create horrendous traffic problems.Thank God these people were voted out of office!

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Paul

9:32 am on Tuesday, December 4, 2012

Video not up yet. Did they do a prayer before the meeting last night?

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Beth

10:30 am on Tuesday, December 4, 2012

As large of an issue that Blossom Ridge is in our community, and that's your concern? It's a little like when I used to teach...As long as there are tests, there will be prayer in school. This BR project has gone on for months and months, motivated a community to become involved and speak up for their rights, beliefs, and opinions. Petitions were circulated, neighbors got to know each other, and while nobody I know is against a senior housing complex, many of us are opposed to the size and scope of the buildings. I would also think that Rochester Hills might want to do their own traffic studies, since Moceri announced that those were done and he wasn't answering any more questions about it! And your concern is prayer before a meeting?

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Annette Kingsbury

11:11 am on Wednesday, December 5, 2012

Yes, before calling the meeting to order.

Erin

9:55 am on Tuesday, December 4, 2012

A few initial thoughts:

1) It's always a bit funny to see local legislators surprised at citizen involvement. Perhaps they forget that in this area, many citizens either are lawyers, or can afford to get one.

2) Yes, of course, Rochester Hills must be able to weigh in. Procedure with this regard, was not followed.

3) I appreciate Gonser's attitude toward being right, rather than fast.

4) It will be interesting to find out exactly how/who engaged the Michigan AG. There have been concerns of "selective enforcement" with regard to his case selection - see AG's high-profile lawsuit of the City of Troy. http://troy.patch.com/articles/secretary-of-state-sues-troy-says-state-law-requires-an-election#comments

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Acorn Twp.

11:10 am on Tuesday, December 4, 2012

I don't believe this board of trustees is surprised at the residents bringing their own lawyers or that the residents are lawyers. The 5 new board members have been involved in the community and been part of the citizen "audience" for awhile. Supervisor Gonser is able to recognize by name almost each citizen that wishes to speak to their issues. He does not see us as "junior engineers", as one former trustee called the citizens, not recognizing that this is the land of engineers.

Concerned

10:47 am on Tuesday, December 4, 2012

I don't find the developer's stance of selective enforcement to be valid. If the previous board members did not follow the required steps and violated the law, the approval is not valid period. I would think the developer would want to make sure the approval was done legally with no steps missed so it could not be challenged as opposed to trying to get a free pass based on previous mistakes.

Thank you to the citizens that retained Mr. Need to insure that this development doesn't violate the law and the right of the citizens to be heard.

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Beth

11:01 am on Tuesday, December 4, 2012

If a legal step was missed, that's not exactly a "gray area" to be guessed at by all parties involved. It's a legal matter, and I also applaud the new BOT for wanting to be right, rather than fast. What would be the legal ramifications for the township should this have gone through without the referendum or this latest development? Lawsuit? Finally, why wasn't the proper paperwork filed in the first place?
Kudos to the citizens who hired Mr. Need!

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Marty Rosalik

11:16 am on Tuesday, December 4, 2012

I have posted this link from Country Creek Home Owners Association. Someone help me find the commercial development that borders Orion Twp. Does he mean Kroger a mile away?

http://www.country-creek.com/2010/country%20creek%20map.pdf

Regarding selective enforcement, I don't recall complaints when the selective enforcement benefits this developer.

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francis P. Hughes

12:03 pm on Tuesday, December 4, 2012

that notice requirement has been the law since 2008. It is hard to believe that Fogler,
Edwards and the Township Planning Commission were not aware of it . Was everyone supposed to look the other way? Did the Township Attorney fail to inform
them of this requirement, is that their excuse?? If he told them about it or if they were otherwise aware of the requirement why did they deliberately ignore it? The answer seems to be they did not want the City of Rochester Hills also publicly opposing what is clearly an unsuitable over-development of the land involved.Their
conduct is at best wretched or pathetic given the fact they were public officials who
had a fiduciary duty/obligation to the people of Oakland Township.

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Priscilla Hildum

12:07 pm on Tuesday, December 4, 2012

Could the private school, the Eagle Academy, be the "commercial development" on the edge of Oakland Twp next to Orion Twp?

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Erin

12:40 pm on Tuesday, December 4, 2012

Priscilla - unless I'm reading it wrong, I believe they're talking about "Country Creek" - the strip mall. That's my read anyway.

"Moceri argued that the township has not submitted other border developments to the county, including Country Creek, a PUD with commercial development that borders Orion Township"

Thomas

1:17 pm on Tuesday, December 4, 2012

It's certainly reassuring to have the new board in place along with supervisor Gonser. The prior board and Fogler were voted out for ignoring the residents [taxpayers!] concerns. Skipping a required legal step, as well as taking campaign contributions from a contractor with a vested interest is more than unacceptable.
This made me very uncomfortable with our board, but I'll leave it at that.
I'm very thankful for the township's residents that put forth so much effort to help preserve this beautiful area as well as our property values!

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doug

1:50 pm on Tuesday, December 4, 2012

The developer complaining that other projects also didn't take this step is lint the speeder complaining that everybody was going 80, why give me a ticketed?
Le
Let the process play out. Changing zoning is one of the biggest issues facing any local government. The prior board had a suspect record. Just look at the OPC representation

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Carl Johnson

1:57 pm on Tuesday, December 4, 2012

Pay attention to Mr. Matt Gibb too. We found out the hard way in Orion Township that Gibb's closest attention goes to L. Brooks Patterson and the power brokers of Oakland County.

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justacitizentoo

4:23 pm on Tuesday, December 4, 2012

What is this, the lawyers full employment act? Don't like the first attorney's opinion, get another, don't like the next attorney's opinion, get a third and so one. Hold your first two meetings with a total of 1.5 hours in closed session - is that transparency? My prediction? The developer will sue and win a huge lawsuit against the Township.

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francis P. Hughes

7:49 am on Wednesday, December 5, 2012

the problem is very often that is difficult to get a truly impartial attorney especially
with attorneys who have a conflict of interest but fail to disclose same which many are reluctant to do in hard times.( presently there are more lawyers than there is work
to support them and the law schools make it even worse by continuing to pump them out like hub caps and most of whom have tremendous debt in student loans. The law schools have no desire to scale back or even slow down and several are really " for profit colleges " admitting students who have little likelihood of getting a job and
the taxpayers are given the ultimate tab . The student loans in default are already a
nightmare for the taxpayers .

Protect Oakland Township

4:40 pm on Friday, December 14, 2012

I am new to the area and have become very interested in this story. Could someone tell me what other sites were stated as possible locations for senior development per the Master Plan. Thank you

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justacitizentoo

12:49 pm on Sunday, December 16, 2012

"Protect Oakland Township"

The other 2 sites do not have municipal sewer or water available now or within the next decade.

The location for Blossom Ridge has both and in addition is where it is most needed:

1) where more than 1/3 of Township residents reside and closest to services and cooperative emergency management contracts are in place with 3 surrounding communities.

2) If you really want to protect Oakland Township then you should urge the Board of Trustees to stop violating Fair Housing Laws or the wrath of Federal Prosecutors will be on their way which would destroy the fiscal health and reputation of our beautiful Township.

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Marty Rosalik

1:09 pm on Sunday, December 16, 2012

Just A Citizen: so we can be on the same page here, please cite the code and paragraph of the said violated law. If you know the township to be in violation… then you know and can provide proof of the federal laws that “we” are out of compliance with.
If not I suspect yet another fear fertilizer applicator who makes unsupported allegations behind a made up name.
The development could proceed without challenge if built to existing zoning.
The development can provide senior housing if built to existing zoning.
The development can bring some jobs if built to existing zoning.
The development can expand the tax revenue base if built to existing zoning.
So since I do not understand, clarify how laws are being broken.
Other than that, the corner of the proposed development is the best location in the township. The developer wanting to make MORE profit on the substantially larger building is NOT in any violation of federal housing laws.

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Protect Oakland Township

5:32 pm on Sunday, December 16, 2012

I understand the other sites don't have sewer but would appreciate someone listing the possible alternative sites for senior development.

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justacitizentoo

10:40 am on Monday, December 17, 2012

Dear Protect Our Township,

No other proposals exist. No viable alternatives sites exist they lack the following:

a) not owned by a viable financially sound housing provider

b) properties are not available for sale ; a property owner is not required to sell; private property rights

c) topographically impracticable for ADA compliance and fit the needs for the elderly and disabled

d)in the more rural areas of the township; Adams & Dutton is NOT rural

e) just another witch hunt waiting to happen: disengenuos to suggest another location when the current site us already approvedf) according to Trustee Keyes " not having senior housing makes Oakland Township 'unique' ...." Unique indeed!

g) according to Treasurer Langlios, " seniors are content to look outside of Oakland Township for their housing choice " TOTAL B.S.

h) according to Supervisor Gonser, " senior housing is a commercial use and should only be in land zones commercial". Being that there is practically no commercial zoned land in Oakland Township, Mr Gonser is stating that we really shouldn't have any housing provided to for the elderly and disabled. More importantly, Housing for Seniors is a Residential Use and belongs in Residential Zones Areas

i) the Fair Housing violations stated above are causes for great concern "Protect" us from these zealots. Now that is cause for an opening prayer before the next Board of Trustees Meeting......Happy New Year

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Dominic J Moceri

12:33 pm on Monday, December 17, 2012

Concerned,
All the financial information was submitted in May 2011 with the first submittal. The records are on file with the Township.
Also on file with the Township are several dozen homes, churches, schools(private and public) and a mausoleum that are as long, taller, wider and in residential areas. Question: Why the abscence of outcries for those uses not "not fitting into the community". Answer: Prejudice and Selective Ignorance. A Bias against Housing for the Elderly and Disabled.
The claims of reduction in sourounding property values are BOGUS and are BlockBusting methods which violate FEDERAL FAIR HOUSING LAWS.
It has been proven that the proposal would generate 64% LESS traffic at peak hour has 400% more open space than a conventional subdivision and is LESS in height (even with 3 stories still under 35') than the sourounding homes.
As to Trust, I use my real name and do not hide behind a pseudonym.
You are entitled to your opinion but not your own set of facts.... err fiction.
Regards,
Dominic J Moceri

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Concerned

1:42 pm on Monday, December 17, 2012

I was not present at the meeting in May of 2011 so if Mr. Moceri states the financials where submitted at that time and the township personnel can verify this, I obviously accept this as fact and apologize for my error since my statement comes from the multiple meetings I attended.

Again, I do not object to senior housing simply the size of the development in the proposed location.

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Frank

11:19 am on Thursday, March 14, 2013

I live in the area and I think this corner is a perfect fit for this assisted living development. Do you really want another bank or Walgreens there? Be careful of what you are opposing the alternative could be much worse.

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