Traverse City Record-Eagle

East Bay

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October 15, 2008

Clous to build on land he pledged to farm

By Brian McGillivary

TRAVERSE CITY -- Developer Bill Clous found a cash crop for the once-forested wetlands he bulldozed in East Bay Township.

And it isn't corn.

Clous plans to build hundreds of subsidized senior citizen apartments, as well as a commercial development, on property he cleared and scoured and pledged to farm for a decade.

The project on a 54-acre parcel will include 360 apartments in three, three-story buildings and 120 rooms in an assisted-living facility bordered by about 10 acres of commercial development off Three Mile Road.

In 2004, Clous agreed to a consent judgment with Grand Traverse County and the Michigan Department of Environmental Quality to settle a lawsuit over allegations he illegally bulldozed wetlands on 360 acres there. Clous said the land was being prepared for farming.

Clous, owner of Eastwood Custom Homes, did not return messages left at his office.

"Clous said he just wanted to farm the land and he planted some crops, but all of us knew eventually something was going to grow there and I always thought it was going to be development," said Greg Reisig, chairman of the Northern Michigan Environmental Action Council.

After officials charged him with violating state wetland and county soil erosion laws, Clous convinced State Sen. Michelle McManus, R-Lake Leelanau, to intercede on his behalf with the DEQ.

Regulators rejected his claim for an agricultural exemption and filed suit.

McManus said she didn't know anything about Clous' decision to develop part of the property and declined to comment.

"It's outside of my district, as (the Record-Eagle) has pointed out," McManus added.

The site remained a contentious issue for more than three years as Clous fought with state and county officials over how and when to implement the consent decree, as well as concerns over soil erosion into Mitchell Creek and the burning of tree stumps.

The proposed development, by contrast, hasn't drawn any opposition. The East Bay Township Planning Commission is expected to make a final recommendation on the project to the township board during a special meeting Oct. 28.

"Has it been a hugely contested project? No, but it is a project we've kept a keen eye on," said Beth Friend, township trustee and planning commissioner.

Project engineer Doug Mansfield said the development fits the site. He said Clous won't have to alter or manipulate any wetlands and the buffer between the development and sensitive natural features is greater than called for by the consent decree.

County Drain Commissioner Kevin McElyea said he will require an independent, third-party hydrological property review due to high groundwater and potential impact on the Mitchell Creek Watershed.

"We don't want Mitchell Creek to become Mitchell Drain," McElyea said. "But ... I'm confident if we can get best management practices implemented (for storm water) there won't be a degrading effect to Mitchell Creek's cold water habitat."

East Bay Township will rely on state and county experts to address environmental concerns, Friend said, so planners focused on project size and the addition of commercial shops. The property is zoned for high-density residential.

"It's a potentially more interesting project for the township with the commercial in conjunction with the senior facilities," Friend said. "The way neighborhood shops can be integrated will be beneficial to the township."

Mansfield said the shops will make for a walkable community for both seniors and possible future housing to the west along Townline Road.

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