OXFORD TWP. – Planning commissioners last week, in a 7-0 vote, approved a proposed private road that’s meant to serve a 118-acre piece of property, located at 3921 Barber Rd., upon which the owner, the Detroit-based House of Providence (HOP), wishes to house foster youth.

But as part of the motion, the township’s building department must notify all the relevant officials when permits necessary for the road’s construction are requested and verify that the Michigan Department of Environmental Quality (MDEQ) has evaluated the site to determine that moving soils on it or storm water runoff from it will not negatively impact other properties.

The part about the MDEQ evaluation was included in an attempt to satisfy those on the commission and in the public who are concerned about potential lead levels in the soil stemming from the property’s previous use.

During the years the 118-acre site operated as Hunters Ridge Hunt Club, many sporting enthusiasts came there to hunt birds and engage in target shooting.

Commissioner Kallie Roesner-Meyers said based on the information she’s received and reviewed, HOP has “not been given an all-clear” from the MDEQ and “there is a potential for pollution from runoff from this property.” She said she “can’t possibly make a decision until” someone – “a certified engineer or (the) DEQ or (an) environmental specialist” – can tell her, “in writing,” there’s “not a potential for increased likelihood of pollution (coming) from this property.”

HOP, a nonprofit organization founded by Jason and Maggie Dunn, is planning to construct a private gravel road, approximately 630 feet long and 20 feet wide with two 5-foot wide gravel shoulders. The road, which would be named Providence Drive, would only be accessible from E. Davison Lake Rd., which is under the jurisdiction of the Lapeer County Road Commission, and is meant to serve two proposed parcels.

Although it hasn’t been approved yet, HOP is planning to split off two lots from the parcel, a 34.12-acre lot and a 34.24-acre lot. The private road would serve these two lots.

HOP, which houses foster youth who have been either abused and neglected or unable to find a permanent family, wishes to construct three residential houses on its property, one each for girls, boys and special needs children.

The first home will be a 7,000-square-foot building to house the 10 young girls currently living at HOP’s house in Detroit, according to a release from the nonprofit. The organization is hoping to have the girls’ new home completed next year.

The Dunns are planning to give the children plenty of recreational opportunities in their new country setting by adding tennis and basketball courts, a baseball diamond, gardens and horses.

HOP is contracted for its services by the Michigan Department of Health and Human Services. The children come from cities all over Michigan and “none have any record of delinquency,” according to a release from HOP.

Storm water runoff from HOP’s private gravel road would be contained within roadside drainage ditches and an on-site detention pond adjacent to E. Davison Lake Rd. HOP plans to dedicate a 60-foot easement across the property’s E. Davison Lake Rd. frontage for storm water management and drainage. A portion of the detention pond will be located within this easement.

“The pond itself exceeds the township requirements, so therefore, from a township perspective, we have no objections to that,” said township Engineer Jim Sharpe, president of the Oxford-based Sharpe Engineering.

Fear of potential lead contamination dominated much of the discussion at the planning commission meeting.

“The entire 118 acres of this property has, in many places, lethal levels of lead,” said Oxford resident Barbara Blanock, who lives on Barber Rd.

“I can’t understand how anybody can put kids on property that’s loaded with lead,” said Oxford resident Jim Unis, who lives on Gardner Rd. “Would anybody here want to put their grandchildren or children on a piece of property like this that’s covered with lead?”

Unis told commissioners he watched a brush hog being used on the HOP property and this disturbance of the soil created “a fog of dust” that “when the sun shined into it, you could see (the lead).”

“That means there’s got to be some lead flying around when they’re working this property,” he said.

“We all know it’s contaminated with lead . . . It’s there, people . . . I don’t understand why we don’t get serious about the lead,” Unis told commissioners. “How can we (allow construction of) a road, knowing full well it’s full of lead and it’s going to start washing (away) and it’s all about the runoff, it’s all about the dust.”

“Knowing there is a confirmed existence, at least at one time, of contaminants, I can’t, in good conscience, approve anything that’s going to disturb that soil and then run that down a ditch right into the roadway, which goes downstream and could affect other property owners,” Roesner-Meyers said. “It’s not natural runoff anymore, it’s disturbed soil from a road.”

Roesner-Meyers noted how the MDEQ deemed the No Further Action (NFA) report, submitted by HOP concerning the property’s environmental remediation, to be “insufficient.”

According to an Aug. 9 letter from Paul Owens, district supervisor, Southeast Michigan District Office, Remediation and Redevelopment Division, the MDEQ reviewed the NFA report and “concluded” that it “does not contain sufficient information to allow” for a decision.

Under the state’s Natural Resources and Environmental Protection Act of 1994, the MDEQ must either approve or deny NFA reports or notify the submitter that the report does not contain sufficient information for the department to make a decision.

Owens listed four areas where House of Providence’s NFA report was “lacking.”

One them was “more explanation is necessary to ensure all areas on the 118 acre property where shooting occurred at the former hunt club were properly sampled.”

“It appears there are many data gaps and unknown information (about) where shooting may have been conducted,” Owens wrote. “A scaled site map should be submitted that clearly illustrates where the shooting took place and the range of shot (most likely 800 feet). Biased soil sampling for Lead, Copper and Zinc should be conducted in those areas.”

HOP also needs to “clearly identify the surface water bodies and ditches on the scaled site map” and “provide an explanation as to why soil runoff would not impact the surface water.”

“Since the NFA Report does not contain sufficient information to render a decision, a comprehensive review for technical adequacy could not be completed by the DEQ,” Owens wrote.

Owens advised HOP if it wants approval, it must revise the NFA report “to address these deficiencies” and resubmit it.

In addition to Owen’s letter, Terri Golla, senior geologist with the MDEQ’s Remediation and Redevelopment Division (RRD), sent an Aug. 24 e-mail to Roesner-Meyers and township Clerk Curtis Wright.

In this e-mail, Golla was answering questions posed by Roesner-Meyers. Golla wrote to her that “currently, there are no restrictions regarding movement of soil on the property” and “currently, RRD is not aware of any restrictions regarding discharge of groundwater/storm water.”

In response to residents’ concerns, Oxford resident Ricky Giannetti, who serves on the House of Providence Board of Directors and owns Giannetti Building Development, said, “A lot of people are jumping the gun here.”

Giannetti assured commissioners that all the necessary permits from the MDEQ and Lapeer County Road Commission would be pulled before construction of the private road begins.

“Before (they) can stick a shovel in the ground, they will have to meet all those requirements,” he said. “They cannot put in this road, or get the permits, without complying.”

“This is very typical to get an approval (from a planning commission) before you get all your permits,” Giannetti noted. “This is nothing out of the ordinary.”

As for the “lead levels,” Giannetti told commissioners they “are being handled.”

“There (are) not lethal amounts of lead in the ground here,” he said.

A woman in the audience named Meredith Smylie, who said she lives in Detroit, has a master’s degree, studied trace metal toxicology, worked as a researcher and has published “extensively,” told commissioners there’s nothing to fear.

“I’d like to just put your minds at ease about this if I can,” she said. “I’ve read the entire environmental report for House of Providence and every single sample that has been taken throughout the entire property, at a number of depths, has come back below the direct contact limit for lead for the State of Michigan. So, in my personal and professional opinion, there’s no threat of lead contamination for this property based on the information that I have.”

Other concerns besides potential lead contamination were expressed by citizens.

Metamora resident John Baker, who lives on Barber Rd., north of E. Davison Lake Rd., told commissioners he believes they’re doing things “backwards” when it comes to the private road.

He said the lot splits haven’t been approved, so “those parcels don’t exist legally” and “you’re talking about approving a private road, but you don’t know what the use is going to be” because the foster care use hasn’t been approved.

In order to house more than six foster youth, HOP must seek and obtain special land use approval from the planning commission. It has not yet done this.

“You should be talking about the use issue first,” Baker said. “The lot split issue second and the road simultaneously with the other issues. Otherwise, you’re walking into a dark hole because you don’t know what the use is.”

Some encouragement to approve House of Providence’s private road came from Oakland County Commissioner Wade Fleming (R-Troy), who spoke in favor of the organization and its mission to help youth.

“I encourage you to look at the big picture because you’re going to get a lot of negative kickback here,” he said. “Anything you can do for a child to turn a child’s life around is never wasted.”

Fleming is the chairman of the board for Promise Village: Therapeutic Boarding School and Boys Home in Rose Township. It’s a licensed residential treatment center for struggling boys ages 10 to 17.

According to Fleming, Promise Village sits on 70 acres containing a 6,500-square-foot home, 12-stall horse barn, and indoor and outdoor riding arenas. It’s been there for more than 15 years.

He told commissioners when Promise Village wanted to move in, it was met with “tremendous resistance” from the surrounding residents and “rightfully so” because “it’s an unknown” for them.

“Everybody says a home for children is good, we need these things, but not in my neighborhood,” Fleming said.

Despite a tough beginning, Fleming said Promise Village has “had no problems with the neighbors” and “we’re well-respected in the community.”

Over the years, “hundreds of boys (have) come through that home,” according to Fleming, and “we’ve changed lives.”

To Fleming, more places like Promise Village and House of Providence are needed.

“Our society is upside down,” he noted. “We don’t put money into early problems with children, when children are hurting, neglected and abused. We wait till they get in trouble with the law, then they go (into the) juvenile (system). That’s really a precursor to prison.”

Although he’s “very sensitive” to societal issues concerning children, Oxford resident Alain Piette, who lives on E. Oakwood Rd., said “this has nothing to do” with that.

Piette told commissioners they must cast their votes based on the ordinances, not “your emotions.”

“This commission is not entitled to make decisions based on social values,” he said. “There are guidelines. There are master plans. And these need to be adhered to.”

Dr. Bruce Meyers, who’s married to Commissioner Roesner-Meyers and lives on Delano Rd., was of the same mind. He said Fleming made a “very nice presentation,” but, “I’m not sure what that has to do with putting the road in now.”

“That seems to be jumping ahead in perceived plans and really has no place at this meeting at this point,” he said.