The former Silver Lake Stables property could be used as a marine sales and boat storage facility.
On Thursday, Dec. 8, after a discussion that lasted more than one hour and 45 minutes, the Fenton Township Planning Commission recommended denial of an application to rezone land off Silver Lake Road from agricultural to commercial. Commissioners also talked about potential future zoning changes along Silver Lake Road.
Residents spoke out against the rezoning, citing concerns about traffic and the potential for a more disruptive commercial use in that area in the future.
Fenton native Jeff Nichols, owner of Aqua Sports Marine, requested to rezone property at 15135 Pinewood Trail, which can be accessed by Silver Lake Road, from Agriculture to C-2, general commercial limited to marine sales and services with outdoor storage. This land contains a vacant horse stable and arena, currently owned by SL Farms LLC. The LLC is owned by Phil Hagerman.
Nichols intends to purchase SL Farms and move the boat dealership to 15135 Pinewood Trail. Currently, Aqua Sports Marine operates off Thompson Road.
“It’s a small family business, and our intention is to keep it that way,” Nichols said during the Thursday meeting. “We don’t want to become a mega dealer where we’re selling and serving hundreds of boats a year.”
Aqua Sports Marine has been in business since 1987. They sell and service new and used ski boats and sell boat hoists. His letter to the township states that during peak seasons, fall and spring, they currently have 35 to 40 units outside on their lot. The Silver Lake Road facility, which is roughly 28,000 square feet, has indoor storage that can accommodate up to 60 units and they believe these boats would not be seen by neighbors outside.
“Our goals and objectives would be to operate our business without the neighbors knowing we are there. We have found that the majority of our customers make contact with us prior to coming to our dealership and that walk-in traffic is minimal,” he wrote.
They’re not planning to change the existing landscaping or the barn. They do plan to plant trees on both sides of the property.
Nichols said they’d like to get a Silver Lake Road mailing address to make it easier for clients to find them and to decrease any disruption to neighbors on Pinewood and other streets.
“We don’t want to change the character or the ambiance of the property,” he said. “We’re just simply out of room where we’re located.”
He heard concerns over neighboring property values, Nichols said, but he believes the business would help property values because the barn would be maintained as opposed to staying vacant.
“We don’t do pontoons, we don’t do jet skis so we’re not a facility that will be storing boats outdoors. You won’t be looking at blue and white shrink wraps sitting all over the property,” he said. They don’t have any plans to restore boats outside either.
Any outdoor storage would be temporary due to late drop-offs or scheduled pick-ups. Nichols said boats that would be brought in to be winterized would be moved off site after to a different facility. On average, boats are kept on site for five days during this process. Boats would be kept inside until clients pick them up.
Zoning Administrator Michael Deem said there are a few commercial uses allowed in AG, which typically fall under tourism, such as venues and orchards. However, boat sales do not match with AG zoning.
The township’s master plan has identified the future land use for this property as medium density residential.
“The intent of this Future Land Use District is to provide denser housing options and closer proximity to essential services. The primary uses are single-family homes (detached and attached) and complementary uses for residential developments such as places of worship, schools, child day care, and recreational facilities. Commercial uses such as marine sales and services or outdoor storage are generally not consistent with this land use classification,” Deem wrote in his zoning administrator’s report.
C-2 general business zoning is meant to permit a wider range of businesses than is permitted in a local business zoning district. Permitted uses would include services typically found in shopping centers. These types of uses generate larger volumes of vehicular traffic, would require more off-street parking and loading, and they require more planning to integrate with adjacent residential areas. Outdoor storage would require a special land use permit in the C-2 and C-3 zoning districts.
Wendy Domke, who lives on Pinewood Trail, said she represents several of the neighbors in the area. When Hagerman applied to use the barn as a wedding venue in 2021, neighbors circulated petitions stating they were against it being approved.
“This is a residential community. It’s very quiet. The barn is beautiful,” she said, adding that there are other uses for the barn rather than rezoning it as commercial. “No one here that I’ve spoken with wants a boat yard in their front, back or side yard. I understand Mr. Nichols wants to have a venue where he can sell his boats, but it shouldn’t be in a residential community.”
She said they hired an attorney when Hagerman wanted to use the property as an event barn, and the attorney found research studies showing their properties could be devalued with a commercial venue that close. Residents also have concerns about traffic and boats coming and going.
“If you decide that you’re going to proceed with this, several of the residents will be retaining the same attorney and we will fight this,” she said. “We are totally against anything other than just an agricultural property next to our homes.”
Another resident, whose property backs the south side of the property in question, said he doesn’t want to sit on his deck and look at a boat facility. He expressed worries about this land becoming commercial property and being used for more disruptive services in the future.
Hagerman spoke at the meeting and said during the application process for the event venue, the studies they looked at did not show any devaluation of neighboring properties. He spoke in favor of rezoning and said the boats are beautiful to look at.
One issue the neighbors had with the venue proposal was that it was going to be a nighttime business, Hagerman said. However, this boat facility would only remain open until 6 p.m. Monday through Friday and Saturdays until 3 p.m. This property could also be turned into a landscaping yard with more trucks, dirt and other noisy equipment. Hagerman said he’s been contacted by these types of companies, including pig farmers, wanting to buy this property and he has turned them down.
“It looks to me like this is just a case of ‘we like the vacant land next to us, let’s keep it.’ But at some point, this property is going to be utilized either by me or by somebody else,” Hagerman said. “I would suggest to the township that there are a lot of uses including your medium density property, that you could have small homes over there that would significantly devalue the beautiful homes on Pinewood and… on the other roads over there much more than a gorgeous boat facility.”
Hagerman said, “nothing would make (him) more proud” than supporting a business that’s been operating in the area for more than 30 years. “This property is going to get sold to somebody. I would rather have it sold to somebody who’s got 30 years of experience in this community and who’s done a great job in it,” he said.
A few residents spoke in support of the boat facility. Jose Melero, resident of Silver Shore Drive, said, “Silver Lake Road someday, maybe not today, but someday it’s going to be more commercial.”
He said the property would be “out of sight, out of mind” and that he’s only planning to use the back half of the property.
Resident Sharon McAndrew said Hagerman has a right to sell his property and that he raised viable points. “I think that all of us here today better think ‘something is going to come in and it’s not going to be a horse farm anymore,’” she said.
Brad Shea, general manager at Aqua Sports Marine, said their customers have done their research and when they come to their facility, they want to provide an upscale service. They plan to utilize and upkeep the back of the property, to ensure it’s a facility in which people want to spend a quarter of a million dollars on a boat, and to add to the aesthetic in the front of the property near the road.
“We want to enclose the property with an enhanced, natural green barrier that’s already partially there,” he said. They plan on planting more trees around the property and keeping the boats inside.
“Don’t think of a boat dealership, don’t think of a car dealership, think more of the Apple store,” he said.
Commissioner David Cypher said he doesn’t want to drive by shrink wrapped boats outside. If they’re inside, then he’s happy. He doesn’t want Hagerman to sell this land to a gravel yard or a landscaping company.
“This might be better than the next thing that shows up. I’m really afraid about the next thing that shows up,” he said.
Commissioner Andy Marko said, “Unfortunately, I’m not sure that as a planning commission, we can make everybody happy…The township, though, is faced with a lot of important questions over the next 10 to 15 years. I hate taking agricultural property and rezoning it. Everybody sitting here knows my position on that. I want to keep the township as rural as we can keep it,” he said. “We have a lot of people that are asking for us to make changes. We have to consider it all…I think everyone sitting in this room has enough concern about what’s happening in the township to understand that changes are going to take place. You cannot stop progress.”
He said Silver Lake Road will be developed more in the future.
“The road between Linden and Fenton is going to have lots of things on it before this is over and done,” he said.
One resident asked if the commission sees Silver Lake Road as becoming commercial in the next few years. Deem pointed to the master plan and zoning map and said it’s identified as medium density residential. This area is not zoned commercial. However, the township is reviewing the master plan and the long range plan for the township.
“This is one of the areas we’re going to focus on,” he said. The master plan is shaped by public interest and comments. He said it’s important they follow the master plan.
Chairperson James McGuirk said that by making these spot changes to the master plan and allowing variations of master plans that is in place, they are subject to other applicants on other properties coming and saying, “your master plan is meaningless” and that it undermines their process of forecasting areas for specific uses.
“As it stands right now, it would be inconsistent for us to try to make it change to the master plan for a specific use,” he said.
A motion to recommend approving rezoning, with certain conditions such as no outside storage and other requirements, failed in a 2-4 vote. Commissioners David Cypher and Philip Lewis voted “yes” while Chairperson James McGuirk and Commissioners Mark Mustola, Kim Pfeiffer, and Andy Marko voted no. Commissioner John Tucker was absent.
A motion to recommend denial passed. The matter now goes to the Fenton Township Board of Trustees, which will hold two public hearings before voting.