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Page 8 -- January. 25, 2005 <br /> <br />z,go <br /> <br /> Salamey's plans called for a special liner under the gas station designed <br />to trap spills and leaks. However, after hearings on the subject, the Dexter <br />Township Zoning Board of Appeals voted to deny the conditional-use ap- <br />plication. <br /> Salamey sued, and the court ruled in favor of the board. <br /> Salamey appealed, arguing there was not enough evidence to justify the <br />permit denial. <br />DECISION: Aftirmed. <br /> There was'sufficient evidence to deny the permit. <br /> First, Salamey's environmental consultant, and an environmental consult- <br />ing £urn the board hired, issued reports describing, the fragile environment, <br />including iB permeable soil and its character as a groundwater recharge area <br />close to the Huron River and wetlands. These features resulted in a risk that <br />fuel spills and leaks coul. d contaminate the local groundwater. <br /> Next, it was undisputed that several local residents obtained their dr/nking <br /> water from the groundwater through private wells. A certified storage tank <br /> professional, certified stormwater manager, and geologist, explained to the board <br /> that, if there were a release at the proposed site, the impacted groundwater <br /> would migrate directly to the Hudson River or enter a number of wells in the <br /> area. In addition, there was evidence regarding the possibility of MBTE, a <br /> highly soluble fuel additive known for causing groundwater contamination, <br /> entering the fuel supply system and contaminating the soil and groundwater. <br /> Furthermore, there was extensive evidence that the proposed liner could <br /> not futly contain a fuel spill or leak for two years, as salamey claimed. Finally, <br /> there was evidence in the record regarding concerns about the effectiveness of <br /> monitors used to detect contamination. Consequently, there was a number of <br /> qUestions regarding the containment of potential spills and leaks that all con- <br /> tributed to the decision to deny' the permit. <br /> see also: Michigan Coalition for Responsible Gun Owners v. Ferndale, 662 <br /> N.W. 2d 864 (2003). <br /> see also: Rental Property Owners Association of Kent County v. Grand Rapids, <br /> 566 N. W. 2d 514 (1997). <br /> <br />98 <br /> <br />'.-- Customer ServiCe'( <br /> <br />© 2005 Ouinlan Publishing Group. Any reproduction is prohibited, For more information please call (617) 542-0048. <br /> <br /> <br />