Big Boathouse Project Turned Down at Hessel
Canim Proposal Draws Public Interest
By Amy Polk

A divided Clark Township Planning Commission turned down a special land use request by Brad Koster and Hessel Bay Boat Works to build a non-conforming boathouse in Hessel. Commissioners denied the request following a three-hour hearing Tuesday, November 13. With votes split nearly in half, commissioners Jeff Davis, Joe Eger, Steve Honnila, and John Grenier voted in favor of the project, while commissioners Dave Dunning, Marti Hart, Dana Leach, Mike Miller, and Mike Patrick voted against it.

An estimated 70 to 80 people attended the hearing, and about 86 letters were received. The hearing was moved from the township hall to the Clark Township Community Center in Cedarville to accommodate the anticipated crowd.

After listening to more than two hours of public comments, commissioners met in closed session with township attorney Jim Murray of Plunkett and Cooney of Petoskey, resumed the meeting in open session to deliberate, then voted on two subsequent motions. John Grenier moved to allow the construction of the 120-foot by 54- foot boathouse, pending Zoning Board of Appeals permission to grant size and height variances for the oversized structure. Steve Honnila seconded the motion, which failed 4-5. At the recommendation for "closure" by Mr. Murray, commissioner Dave Dunning moved to deny the special land use permit and Dana Leach seconded the motion, which passed 5-4.

Among their reasons for denying the project, commissioners noted its size, which at 6,480 square feet exceeds the maximum allowable size (600 square feet) for boathouses on lots with 50 to 200 feet of frontage on Lake Huron. At 33.6 feet in height (39 with the cupolas), the building also would have exceeded the 15-foot maximum allowable height for boathouses on that size lot, however, it would be no taller than the maximum allowable height for a principal residence, supporters of the project said. The maximum allowable height for a principal structure is 35 feet. The lot next to Mertaugh Boat Works slated for construction has 96 feet of frontage on the lake. Other reasons cited for the denial include the sections of the Clark Township Zoning Ordinance that recommend commissioners "take into account the unique nature of the shoreline to be impacted, and shall consider the affect of the structure and shoreline impact upon the use, enjoyment, and value of immediately adjacent properties."

Several members of the Loreli resort association to the east of the property complained about the size of the proposed boathouse and the actions necessary to build it. The association is a group of seasonal residents who stay in the former resort's cottages across the road from the lake and use a beach and picnic area on the shoreline next to the lot where the boathouse would have been built. One of the association's members, Daniel Totonchi, worried about the association losing its view of the water and that his 15- month-old son would be exposed to oil slicks and deep water caused by dredging.

Mike McMaken, the Cedarville contractor for the project, said earlier in the meeting that the dredging would cover an area about 25 to 30 feet wide, from east to west, and 250 feet long, from north to south. Dredging would create a depth of about 10 feet in front of the proposed boathouse and would have created a boat well beneath it. The boathouse was actually to be constructed on land, about five feet back from the shoreline. The boathouse was being made to accommodate a 96-foot, 1930 wooden yacht called the Canim, owned by Marty and Lisa Sutter of Harbor Springs and Texas. Mr. Koster and Mr. McMaken said the Sutters were planning to lease the building and property around the boathouse for 15 years.

"Basically, the property our family has come to treasure will be destroyed," Mr. Totonchi said of the Loreli resort property. He added that people come to the Les Cheneaux Islands to fish and enjoy the natural resources, not to see boats like the Canim or the boathouses that shelter them.

"To think that this will bring business to the area is unrealistic. This projects detracts from the main reason that people live and visit in this area," Mr. Totonchi said.

Representing the Loreli property, Dave Wallace expressed concern about what might happen at the end of the lease, or if the Sutters abandon the lease.

"There is no provision for a commercial boathouse or boathouse for hire. It's an illegal use; there's no variance that can change it. It can't be done. It's over with. There's nothing more to discuss," Mr. Wallace said, adding that the Canim and its owners should not be considered in the Planning Commission's decision. "This is devastating to this waterfront. There is no way this illegal use should be allowed. It's an illegal use, and even if it isn't, it's awful for that shorefront and for that little town."

Joining the Loreli association were property owners with homes on Hillcrest Lane that overlook Lake Huron, who worried they will lose their views of Lake Huron and cited the project's inconsistency with master plan and zoning ordinance objectives. Other concerns included fears about noise and the boathouse doors opening into the street.

Greg Malcho, one of the homeowners on Hillcrest, cited three objectives in Clark Township's master plan, including "promote new development that is similar in scale and character as the existing small scale, cottage-like development found throughout the township," "limit building heights, particularly along the waterfront," and "protect the scenic views."

"It doesn't fit with the master plan," he said.

He complained that if the Canim is not housed in the boathouse, "we're stuck with this 6,000- square-foot boat repair facility."

Nancy Foster, one of the owners of the resort, Lindberg Cottages, just east of Loreli, supported the project and argued the boathouse would not block views of the water.

Chuck Neal, another Hessel resident who lives about a block from the proposed project, also supported the project.

"I don't know what the big deal is," Mr. Neal said, adding that he would also see the building if he looks to the side down the shoreline, but he thinks the benefits outweigh any detriments. "I don't think there's any reason we have to consider what the future holds, because none of us knows what the future holds."

Mark Clymer of Hessel, also a shoreline property owner, said he and his wife are in favor of the project.

Cedarville business owner Steve Autore asked the Planning Commission, "If this isn't allowed, what else could this piece of property be used for?"

"If it's shore strip now, I guess sometimes I look at what could be the negative of this," Mr. Autore said, asking commissioners and the public to consider what else Mr. Koster could do with the property. "Could that be worse than what is being represented by some of these people now? It's his property. When he bought it, he had some thoughts about what he would be able to use it for."

Mr. McMaken said, according to the zoning ordinance, development could include a conforming boathouse of 600 square feet. A second story could be added to the existing house on the property, and the height could be increased to 35 feet. Mr. McMaken said a fence could also be constructed along the property line, or a garage could be added between the house and the road.

Vaughn Rye of Cedarville, who identified himself as "one of the few people who actually lives around here year-around," said, "I have to say that this would be a wonderful addition to this town."

He argued that the land use would be similar to some of the historical development of boat yards and boat repair facilities in Hessel that led to the community's growth.

"I grew up in Hessel about 100 yards from Mertaugh Boat Works and I don't remember anybody complaining when that was developed by the Mertaughs. I don't remember anyone complaining when Ralph Dreisbach developed what Chuck Neal owns, which are huge buildings," Mr. Rye said. "Everybody complained when they tore down the huge boathouse that was where the Hessel Harbor Association is. I don't remember anyone saying [the former Mertaugh boat house] obstructed their sight. It gave jobs to the area. Hessel wouldn't be here if we wouldn't have developed the shore strip that is Hessel, which is Sunset Cabins [on Lake Street to the west] to Lindberg's" cottages.

When presenting the development plan at the beginning of the meeting, Mr. McMaken said the project would help boost the economy, create jobs for his workers, and establish an attraction in Hessel that might lead to future economic growth. He also cited the Canim owners, Marty and Lisa Sutter, as welcome additions to Clark Township because of their philanthropic activities and interest in helping the community.

Other reasons the Planning Commission cited for denying the permit included the zoning ordinance stipulations that future boathouses are not used for commercial ventures, and that boathouses shall not "unreasonably hinder or impede the view of the lake or boat traffic from the shoreline of neighboring properties."