HOUGHTON — A Houghton County Circuit Court judge has issued a stay blocking the enforcement and implementation of a Portage Township Planning Commission’s site plan approval for a new development at Pilgrim Point.

Circuit Court Judge Charles Goodman will also determine whether to grant a resident’s formal request to void the Planning Commission’s decision. 

“Based on the facts alleged in Appellant’s motion, it clearly appears that immediate and irreparable injury or harm will result if a stay is not entered in advance of a hearing,” Goodman wrote in his order. “Appellant alleges that recent events create a reasonable belief that activities are about to occur that will alter the character of the area in which Appellant residents and affect the environment and natural resources of the area.”

The complaint was filed by Camiel Thorrez, who owns property about 100 feet from the site of the Onagaming building, which was formerly a yacht clubhouse and later a supper club 

The owners of the former supper club plan to build a resort incorporating the original building. The building would be restored and used for a resort office, gift shop and food and beverage operation. 

In addition to new development of one- and two-bedroom units, along with new parking, on the eastern side of U.S. 41, the west side would have 10 RV sites and 67 parking spots.

The Planning Commission approved the site plan at a meeting earlier this month. But the approval ignored federal regulations, as well as requirements within the township’s zoning and stormwater ordinances, Thorrez said. 

Property at the site includes a tree with a bald eagle nest. While the plans outlined at the August meeting would leave the tree intact, Thorrez pointed to a requirement in the Bald & Golden Eagle Protection Act that the eagles could not be agitated in a manner that would substantially interfere with normal breeding, feeding or sheltering behavior. 

New construction would also fall within the right-of-way of the Department of Natural Resources’ recreational trail, which runs through the property, Thorrez said. 

“Once disturbance begins, the eagles are likely to abandon their nest, and if the DNR trail right-of-way is blocked or cleaned, etc. the public will immediately suffer due to the heavy use of trail in that area,” Thorrez said in the request for a stay. 

Thorrez said the township’s zoning ordinance also requires the applicant’s name, address, phone number and signature. The applicant, Pilgrim Point, Houghton, LLC, only put its name and address.

The township’s master plan lists the site as a flood plain concern, Thorrez said.  The site plan also did not have a Federal Emergency Management Agency (FEMA) floodplain map of flood hazard, as required under township ordinance, Thorrez said. 

“The only recognition of this requirement is a statement that the area is ‘unmapped,'” he said in his filing. “While unfortunate, that does not alleviate the applicant from providing the information. They must hire the necessary expert to perform the flood plain analysis and provide it as part of the site plan.

Torrez also said there had been a lack of notice or posted agenda for the meeting, in violation of state requirements. 

Thorrez’s complaint, filed Friday in Houghton County Circuit Court, lists four counts: failure to comply with township’s stormwater ordinance, failure to provide notice of the meeting; approval of a site plan when it failed to meet the zoning ordinance’s requirements; and approval of the site plan without the Planning Commission applying the zoning ordinance’s standards.

Township Supervisor Bruce Petersen said the township is still discussing its response to the motion.

“We have 21 days to respond, and we’re talking with our lawyer about that response,” he said.

A message was also left with project architect Barry Polzin seeking comment. 

Resident Susan Schwenk, one of residents who came to the Planning Commission meeting to argue against the site plan approval, was happy with the stay. Her primary motivation is the eagles, she said; there are currently four nesting there.

She said aside from the environmental and procedural problems, the complex was too large and would also pose a safety hazard from people crossing a busy highway. 

“I’m pleased because I feel the planning commission should’ve never approved that site plan,” she said. “There’s numerous, numerous reasons it shouldn’t be approved. It was apparent that night, but it was pushed through.”