Pier debate causes discord in Eagle Lake community

Published 11:48 am Thursday, July 27, 2017

Sitting on the grassy edge of Eagle Lake as the sun sets may be one of the most serene images most people could imagine.

However, due to recent lake access issues that have pitted neighbor against neighbor, the scene is no longer quite so peaceful behind closed doors.

Due to Michigan state law changes and decisions made by the Ontwa Township Board of Trustees, residents of Eagle Lake are having to remove their piers from the water, something which has created conflict in the community.

“There’s been a pier where I live for 70 years,” Eagle Lake resident Greg Mackling said. “All of the sudden I have no place to put my boat because there’s no pier. You could say I’m a little upset.”

The issue began in 2012 and 2014, when state law declared that, unless someone had a recorded deed, easement or dedication, that public road ends should not be used for the construction, installation, maintenance or use of boat hoists or anchorage devices, mooring or docking of boats between midnight and sunrise or any activity that would obstruct entering or exiting from an inland lake or stream.

The new state law also took the job of providing pier permits to road-end or off lake residents out of the hands of the road commission and into the hands of the Ontwa Township Board of Trustees.

At the time, the Ontwa Township Board decided it did not want to be involved with grant permits for insurance reasons. As a result, the board passed a resolution in September that it would not issue any private pier or dock permits for any road end or alley.

However, this has left many Eagle Lake residents who live off the lake or in an out-lot upset because it left them without access to a public pier. Their upset is magnified because, as they have a recorded dedication to the lake and 1988 court order from Judge Michael Dodge that states the dedication includes the placement of a pier for use by the general public, they interpret the state law to mean that they are exempted from the decree regarding road end lake usage.

“We have a right to have a pier there,” said Eagle Lake resident Ryan Molnar. “We have it on record.”

One of the primary concerns of these residents is that the lack of access to a pier will lower their property values.

“They have taken something from us, and they haven’t even lowered my taxes,” said Jim Relph, whose family has resided on Eagle Lake since the 1920s. “You really need a pier.”

More than just monetary and physical things, many have said the conflict caused by the issue has taken away the sense of community they once enjoyed about the area.

Lake View Park resident Christine Reed said

the issue has created discord among residents of Eagle Lake.

“Our choice of home rewarded us with a neighborhood that would provide that sense of community and belonging that we were counting on from Edwardsburg,” Reed said. “But the piers have caused a lot of problems. Everyone has taken a side.”

As Reed said, not everyone on Eagle Lake is in favor of seeing piers on road ends. At the board’s July 10 meeting, several residents spoke out about the how removing piers has improved the neighborhood.

“I live next to a public road end, and this is the first year there has not been a pier, and there has been a very positive outcome of that,” said Eagle Lake resident Pat Makielski at the meeting. “We’ve had fewer police calls, because before, the kids would congregate there. We had problems with fights and profanity. We no longer have that.”

Those against bringing piers back to road ends may have influence over what piers stay on the lake.

Township supervisor Jerry Marchetti and Zoning Administrator Larry Krempec said that they have sent letters to those on road ends to remove their piers based on neighbor complaints. Several homes on the south side of the lake have not received notice to remove their piers. Krempec said that the remaining piers on road ends are being evaluated.

Marchetti said that the board is acting in accordance to state law regarding how they are treating the road ends.

“We are following the law as written,” Marchetti said. “We believe we are doing right by the law that there are no piers there.”

Even if out-lot and off-lake residents are once again allowed pier permits, they will have to deal with the issue of mooring and docking boats. The senate bill states that public road ends may not be used for the mooring or docking of any vessel between midnight and sunrise.

Several residents of the talleys believe that this does not apply to them as they have a recorded dedication that allows for launching and “short-term mooring.”

However, the township board disagrees.

“The dedications of the recorded deeds, easements and other recorded dedications of all our area lakes were written in the 1920s, 1930s and 1940s. Our forefathers did not imagine we would all have motor boats,” said township trustee Dawn Bolock. “None of the plats that I have read the dedications on ‘expressly provide’ for the mooring of boats between midnight and sunrise. Therefore, there are many boats in Ontwa Township that will need to come off all our lakes.”

Marchetti said the docking and mooring issue is of large concern to board, and said that it is something they have no control over. Regardless of whether pier permits are issued, the township would have to enforce that no boats are docked between midnight and sunrise.

While the township is taking steps to deal with the issue, such as inviting Rep. John Proos to their September meeting to explain the intention of the law and considering options to make everyone happy, residents of Eagle Lake feel that a total resolution is far off and will not come easy.

A member of the group in favor of bringing public piers back to the road ends has spoken to a lawyer and is awaiting his council before moving forward with any action.

“For the township to kick us off the lake, they need to find a judge to vacate Judge Dodge’s previous ruling, but no judge is going to do that,” said resident Andrew Borem. “We will take them to court if we have to.”

Although the township board hopes the issue will not come to that, they are prepared to speak to their legal counsel should need be.

“This is no small issue,” trustee Bolock said. “It is ongoing.”