Summary
This document consists of correspondence received by Leelanau Township prior to the March 12, 2026 Planning Commission meeting, concerning the proposed North Gill's Pier Preserve development by Kilcherman Investments, LLC (owners Brandon Kilcherman and Casey Wilcox). The correspondence includes a supportive resident letter, a legal objection letter from neighboring property owners, and a detailed response from the applicant's attorney. No votes or decisions by the Planning Commission are recorded in this document.
Public Comments
Deborah Hecht, who owns a home at 9291 N Onominese Trail, submitted an email stating she is in full favor of the Gill's Pier Preserve project, citing the developers' care in preserving natural areas and wetlands.
Attorney Vicky Selman, on behalf of the Whims Legal Group, submitted a letter dated March 3, 2026 from attorney Joseph Campbell representing Bill and Susan Allen, owners of 9343 N Onominese Trail. The Allens objected to Kilcherman Investments' proposal to install five new drainfields and a new sewer line on the adjacent "Allen/Nairne Property," arguing this would violate a 2018 recorded Covenant governing drainfield and utility easements, potentially overburden existing utilities, and risk compromising drinking water and protected wetlands. The letter demanded that no work proceed near the shared easements without advance notice and reserved the right to seek injunctive relief.
Attorney Pete Miller, representing Kilcherman Investments, submitted a response letter dated March 9, 2026, copied to the Commission. Miller argued the 2018 Covenant (Liber 1319, Page 353) actually reserves drainfield rights to the adjacent landowners (Jim Nairne and Lynn Sugarman), who may grant those rights to the Kilcherman applicants, and that proposed language would protect the Allens' existing easement. He noted the Benzie Leelanau District Health Department has already reviewed and approved the drainfield plan, and that the Allens' well is over 400 feet from the drainfield area (exceeding the 50-foot regulatory minimum). Miller requested the proposed drainfield easement language be made a condition of any Planning Commission approval, and offered to meet further with the Allens' representatives.
Infrastructure Projects
The correspondence centers on proposed drainfield easements and a new sewer line to serve five proposed single-family homes on a 22.65-acre parcel (Parcel No. 008-105-005-10) as part of the North Gill's Pier Preserve open space residential development. The applicant proposes a single private drive to serve all five parcels, with 2-acre minimum lot sizes (versus the half-acre zoning minimum) and permanent preservation of 11.34 acres of open space/wetlands via conservation easement. The Benzie Leelanau District Health Department has reportedly reviewed and approved the drainfield design. No Planning Commission decision on the infrastructure or site plan is recorded in this correspondence.
Other Business
The bulk of the correspondence involves a private legal dispute between the Allen family and neighboring landowners Jim Nairne and Lynn Sugarman (successors to original developer Green Bridge Holdings, Inc.) over interpretation of the 2018 Covenant's easement provisions. Miller notes this dispute is between neighbors, not with the Planning Commission itself.
Action Items
Attorney Joseph Campbell (Whims Legal Group, for the Allens) demanded advance written notice of dates, times, and descriptions of any work planned near the shared drainfield/utility easements.
Attorney Pete Miller (for Kilcherman Investments) requested the Planning Commission adopt the proposed drainfield easement language as a formal condition of approval, and proposed further meetings or calls with the Allens/Whims Legal Group to resolve concerns.
This matter involves an ongoing conflict between adjoining property owners (the Allens vs. Nairne/Sugarman and the Kilcherman applicants) over easement rights that the Commission will need to consider when reviewing the pending major site plan and open space residential development application.