By By NORMA LERNER / Dowagiac Daily News
CASSOPOLIS - Cass County road commissioners have given notice to a permit applicant that if he doesn't correct deficiencies in the permit and placement of a fence on a road right-of-way, it will be removed.
On Thursday during a meeting of the road commission, it was decided that if the applicant doesn't correct certain things, such as height of the fence, location and a corrected name of ownership on it by May 27, the fence located on Shore Acres Road at Diamond Lake, will be tagged for removal.
Shore Acres Road is located on the north side of Diamond Lake in Penn Township.
It was shown in an original drawing that an opening in each end of the fence for the public to enter the right of way was not the way it was installed.
There is a gate on the east end of the fence for walkers to walk along the fence by the water's edge but no gate to exit on the west end.
Residents use the road for walking and walk behind the fence so they don't have to walk on the road.
Many residents walk their dogs along the fence.
Andy Place of Place Builders in Cassopolis was issued a letter by Road Commission Engineer-Manager Joseph Bellina III about the permit and concerns regarding the fence and was given until May 3 to respond. There was no response.
During the commission's May 5 meeting, board Chairman Robert Powers said if there are problems with the fence, then a permit will not be issued next year.
The permit is only valid until Sept. 30 and can be revoked at any time by board action.
Bellina will also check with the prosecutor and sheriff about those who work illegally on rights of way without a permit, particularly farmers and building contractors.
Board Vice Chairman Bradley Walker stated there are farmers who stop on rights of way for filling tanks and various uses of farm equipment.
He said there will be an impact with a lot of people.
Bellina added, "This is not a very simple forward solution."
In other right-of-way issues, the commission on May 5 issued a notice to remove encroachments on a 15-foot-wide alley at Lake View Park plat at Eagle Lake in Ontwa Township to Larry Workman and Barbara Weymon.
The encroachments include chains across the alley, a boat hoist, recently planted pine trees, a pier extending out into Eagle Lake and another pier that encroaches on the bottom land in Eagle Lake as extended into the lake. Those notified have 30 days to respond.
The law provides that if the obstructions and encroachments are not removed within 30 days, the road commission may remove the encroachments and if they have value, sell them at a public sale, deducting the cost of removal.
Obtaining a right-of-way permit on Thursday was county drain Commissioner Jeff VanBelle who will be working with engineers to start well drilling next month to pump water into Barron Lake in Howard Township in order to maintain a court ordered lake level.