Present:  Terry Dugan, Peg Miller, Sandy Payne, Kate Bouman, Tony Trecoske, Larry Harvilchuck, Bud Sodon, Fran Fruehan, Jen Gregory, Tom Swan

The Silver Lake Township Planning Commission and Ad Hoc Committee held a work session on Wednesday, March 11, 2009 at the Silver Lake Township Building.  Mr. Harvilchuck called the work session to order at 7:30 pm. 

Mr. Harvilchuck read the minutes from the February 25 meeting and the committee members present approved them as read. 

There still seems to be questions regarding low impact and no impact home occupations and what should be done if anything.  Two things to keep in mind are that no impact occupations is defined by the state in the Act, and that the State realizes that land regulations are a touchy subject and that is why variances are issued.  The issue is not whether or not an individual can sell items from their front lawn but whether or not it is a no impact home occupation.  There are regulations that have to be followed in order to conduct the activity.  The definition of a no impact home occupation was read.  It is a business or commercial activity administered or conducted as an accessory use which is clearly secondary to use of the residential dwelling which involves no customer, client or patient traffic whether vehicular or pedestrian, pick up, delivery or removal functions to or from the premises.  An accessory use is normally related to residential use.  There may also be assessment consequences as well.  It may be assessed as a commercial property.  In the proposed residential district, there are limitations on what can be done.  The question was raised as to how a property would be classified if the individual was only using it business at certain times of the year; for example, someone that does tax returns or the tax collector who opens his office for people to drop their tax payments off.  Section 503.3(B) lists types of uses that are permitted as accessory uses in all zoning districts, and home-based professional offices are specifically permitted in all districts.  Mrs. Bouman said it might be a good idea to have anyone with a home business file an application with the township just so it is known what exactly is in the township.  Mr. Fruehan suggested that a permit would only be necessary if the use has evolved outside the definition of a no-impact home occupation.  Mr. Harvilchuck agreed and said this would help to lighten up the administrative burden as well.  If it is a no-impact business as defined by the Act there is no question but if it is a home–based business that falls outside the guidelines then perhaps the business should be required to get a permit.  In the RA District there are already many principal permitted uses that cover all types of small businesses.  Mr. Fruehan suggested allowing certain no-impact home occupations in the Residential District – such as someone selling honey, maple syrup or firewood.  The issue is not what they are selling but the quantity and as Mrs. Bouman pointed out is would be very difficult to put a limit on the quantity sold.  Mr. Dugan suggested adding in “substantial” display to section 503(B) 3. 

Mr. Swan spoke that he would he feels the proposed zoning ordinance should be put on the shelf for now and start looking at the SALDO as well as looking at the current ordinances to see what needs to be updated.  Mr. Dugan pointed out that by working with the proposed zoning ordinance for so many work sessions, everyone on the committee is familiar with the definitions as well as what the difference is between Zoning and SALDO, what is liked and disliked in each.  After the current ordinances are updated, the committee can look to see if there is anything else that should be done that is not covered in the updated ordinances.  This may allow the committee to better address current conditions.

Mr. Sodon made a motion to put the zoning issue aside for now and start looking at SALDO, Mrs. Gregory seconded, and a consensus was reached on moving forward with the SALDO at this point.

Mrs. Bouman said the committee needs to be careful not to make the SALDO more restrictive than what zoning would be.  The proposed zoning ordinance was very loose and allowed for a lot. 

Mrs. Kublo had a copy of a letter from Mr. Helfrich.  Mr. Harvilchuck read the letter.  It stated that the zoning ordinance could be adopted by any of the Northern Tier Coalition members independent of the adoption of any of the others.  The initial plan was for all twelve municipalities who participated in the Comprehensive Plan could adopt a similar ordinance and allow certain uses only in the CI District of Bridgewater.  This may have been naive was based on planning and the spirit of cooperation for the overall good of the NTC communities.  In any case, the RA district now provides for all uses and the ordinance can stand alone for any municipality. 

Mr. Harvilchuck asked that the current SALDO (Ordinance No. 20) be posted on the website as well as the current proposed SALDO for anyone that wants to take a look at them.    

The next meeting the committee will begin looking at SALDO. Mr. Harvilchuck adjourned the work session at 9:00 pm.