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Potential buyer for property adjacent to Marquette Township well field raises questions

MARQUETTE — Marquette Township officials are working to ensure the security of its gated well field off of Grove Street.

The Marquette Township Board, at its regular meeting on Tuesday, approved a motion directing township staff to negotiate access to a 30-acre parcel adjacent to its well field property via the use of its gated road.

The adjacent parcel has deeded access and a utility easement “on, over and across the township well road,” according to a letter from Public Works Superintendent Kirk Page to the Township board.

Township Manager Randy Girard said the perpetual easements included not more than two access points to the road and an agreement that the township would maintain the road.

“It’s our road,” Girard said. “It’s a private road, basically, we allow people to use it, but it is not a public road. We certainly have an interest in ensuring that there is restricted vehicle access on the road.”

The road provides the township access to its Western Creek watershed south of Grove Street, according to the township’s 2017 Drinking Water Quality Report.

The wells in that location have been in operation for 12 years providing water service for the significant portion western Marquette Township, the report states.

The major issue concerning the potential buyer’s request is vehicular access to the site, Township Attorney Roger Zappa said, due in part to Michigan Department of Environmental Quality drinking water source standards.

The potential purchaser of the property is requesting permission to modify an existing gate located just off of Grove Street to allow remote access from his vehicle, Page’s letter states, “so that he will not need to get out of his vehicle every time to unlock a padlock to access his proposed future home site.”

“The concern there is that that gate really does need to remain closed and locked all the time because there are DEQ requirements and criteria on the well field, the area surrounding the well field and so forth,” Zappa said. “While the board may be able to approve or disapprove of this concept, the board would also have to maintain the full authority to either approve or reject a plan of what’s this gate going to look like, how it’s going to be operated, (and) if the location is going to change is has to have the final say on where it is — things of this nature.”

Zappa went on to say that any restrictions the board put on the owners access to the 30-acre parcel would have to be “reasonable.”

“We own the property, we own the road, but this 30-acre parcel does have a perpetual easement,” Zappa said, “the right to come and go across the road so it is not a matter of saying the person can’t use the gate. That is not an option.”

Girard said one of his major concerns is maintaining restricted access to the well field, and the well head protection area.

“There is walk-in access now and there is bicycle access — but there is not vehicle access, and that’s by design,” Girard said. “We have a municipal well field to protect, and a well head protection area that we have to protect and ensure that it is not damaged or fouled, so definitely have some concerns with this 30-acre development.”

Several board entertained various solutions including moving the gate beyond the proposed driveway location of the 30-acre parcel, or ensuring that the gate — if remotely accessed — would automatically close within a certain amount of time if the property owner failed to close it for any reason.

Board Trustee Dave Wiegand said while there is cause for concern, there are several potential solutions to the problem.

“I see no reason why the manager can’t work all of this out with the gentleman and come back with whatever he comes up with,” Wiegand said.

Lisa Bowers can be reached at 906-228-2500, ext. 242.

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