Hayes Township residents celebrate with a rally after rezoning request dropped

A heading reads "Stop the new 2022 Hayes Township Zoning Ordinance," on an informational packet about the rezoning of Hayes Township.
A heading reads "Stop the new 2022 Hayes Township Zoning Ordinance," on an informational packet about the rezoning of Hayes Township.

HAYES TWP. — Hayes Township residents celebrated their victory last week when Manthei Construction pulled an application to rezone a Bay Shore parcel from agricultural to industrial after the residents expressed concern.

They had no intention of stopping with that parcel, as the group has also voiced concerns with zoning issues in the township in general. A large group of residents planned to attend the next planning commission meeting on Sept. 20 but were informed on Friday, Sept. 16 that the meeting was canceled due to a “formatting/merging issue.”

More:Bay Shore residents pick up 30-year-old fight for quality of life

More:Bay Shore meeting canceled, rezoning application was pulled at last minute

Many frustrated residents decided to meet outside the township hall anyway and held a rally where organizers Kim Fary and LuAnne Kozma spoke and gathered signatures for a petition.

“I was upset when I saw the cancellation notice. The township did not give us, the residents, an opportunity to express our concerns, fears, facts (and) instead left us hanging. That's why we all came together to have a rally,” Fary said in an email. “We want to be heard and we want ordinances that will hurt our residents and water systems to be amended in the master plan.”

LuAnne Kozma and Kim Fary speak to a crowd of about 60 Hayes Township residents about the township master plan and proposed rezoning ordinances on Tuesday, Sept. 20 outside the township hall at 9195 Major Douglas Sloan Road after the township canceled the September planning commission meeting.
LuAnne Kozma and Kim Fary speak to a crowd of about 60 Hayes Township residents about the township master plan and proposed rezoning ordinances on Tuesday, Sept. 20 outside the township hall at 9195 Major Douglas Sloan Road after the township canceled the September planning commission meeting.

Around 60 people showed up after hearing about the issue from other residents who went around knocking on doors.

Fary and Kozma spoke to the crowd, explaining the history of the issue and what actions need to be taken. Kozma also spoke about Lake Charlevoix shoreline development issues, which she has been involved in for over a year.

While Fary and Kozma spoke, attendees were encouraged to sign a petition meant to influence the planning commission to revisit the master plan that was passed in 2019 and not pass an ordinance that would lead to rezoning for certain areas in Hayes Township.

Kim Fary speaks to a crowd of about 60 Hayes Township residents about the township master plan and proposed rezoning ordinances on Tuesday, Sept. 20 outside the township hall at 9195 Major Douglas Sloan Road after the township canceled the September planning commission meeting.
Kim Fary speaks to a crowd of about 60 Hayes Township residents about the township master plan and proposed rezoning ordinances on Tuesday, Sept. 20 outside the township hall at 9195 Major Douglas Sloan Road after the township canceled the September planning commission meeting.

Since the planning commission has not yet passed the ordinance, an actual petition can’t be submitted until the new zoning is approved. A notice of intent will be filed with the township clerk and then the organizers will have 30 days to collect signatures from registered voters.

“It could be a big process, 30 days is not much. When we get signatures on this petition, we'll know who to go to,” Kozma said.

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LuAnne Kozma speaks to a crowd of about 60 Hayes Township residents about the township master plan and proposed rezoning ordinances on Tuesday, Sept. 20 outside the township hall at 9195 Major Douglas Sloan Road after the township canceled the September planning commission meeting.
LuAnne Kozma speaks to a crowd of about 60 Hayes Township residents about the township master plan and proposed rezoning ordinances on Tuesday, Sept. 20 outside the township hall at 9195 Major Douglas Sloan Road after the township canceled the September planning commission meeting.

The second petition will require the zoning ordinance to be placed on the election ballot in the spring so Hayes Township voters can decide whether or not it is approved.

Bay Shore resident Andrew Mailloux lives on a property that borders the parcel that Manthei attempted to rezone. While Manthei pulled its application, the parcel could still be rezoned unless the land use map is revised in the master plan process.

“I do have a well. It’s pretty shallow, less than 100 feet, I’d say. (An industrial operation) could contaminate the water, dust, noise, light pollution, there’s a whole list,” Mailloux said.

Andrew Mailloux, a resident of Bay Shore in Hayes Township, signs a petition asking the township planning commission to stop the rezoning of Hayes Township on Tuesday, Sept. 20 outside the township hall at 9195 Major Douglas Sloan Road after the township canceled the September board of trustees meeting.
Andrew Mailloux, a resident of Bay Shore in Hayes Township, signs a petition asking the township planning commission to stop the rezoning of Hayes Township on Tuesday, Sept. 20 outside the township hall at 9195 Major Douglas Sloan Road after the township canceled the September board of trustees meeting.

Kevin Kemp is a Bay Shore resident living a block and a half from the proposed parcel.

“Anything industrial coming into there, it’s just going to destroy our entire neighborhood, the water, the air, the noise. I mean, you don't want to have a factory right next to where you're living and we have kids and grandkids that come in. It's just an unbelievable potential disaster for the whole area.”

Residents of Hayes Township are preparing for what could be a long fight. On Monday, they officially hired Olson, Bzdok & Howard, the law firm that represented Hayes Township and the intervenors in the original lawsuit in the late 1980s, to look over the judgment from that case and determine if the township is in violation of any of the terms.

Jo Ellen Rudolph, a Hayes Township resident, speaks to a crowd of about 60 people outside the township hall at 9195 Major Douglas Sloan Road on Tuesday, Sept. 20.
Jo Ellen Rudolph, a Hayes Township resident, speaks to a crowd of about 60 people outside the township hall at 9195 Major Douglas Sloan Road on Tuesday, Sept. 20.

Jo Ellen Rudolph, one of the original intervenors, spoke at the rally about her experience trying to stop the gravel mine more than 30 years ago. When Fary approached her about the rezoning issue several weeks ago, she shared all she knew but said she did not plan to be heavily involved. However, she has now decided to fully join the effort.

“It has to be done. Bay Shore deserves better than we're getting from the township. This is another generation of Bay Shore that needs to be protected and needs to be fought for,” Rudolph said. “I feel strongly that these people deserve better than they're getting, they're good hard working people.”

This article originally appeared on The Petoskey News-Review: Hayes Twp. residents celebrate victory against proposed zoning plan