NORTHSHORE OF SAUGATUCK PROPOSED MARINA
Holding regulators accountable to the public interest
The 300-acre property that sits on land along the Kalamazoo River and Lake Michigan just north of Saugatuck has been rooted in controversy since 2007. During that time, conservationists were outbid on two occasions by developers intent on turning this wooded duneland into commercial developments. The Coastal Alliance partnered with activists to buy the property in 2016. Unfortunately, the land was flipped to another developer.
The current saga of this initiative began in 2017 when NorthShore of Saugatuck applied for permits to carve through protected dunes and the historic site of Singapore to create waterfront for a private yacht marina. NorthShore is owned by Holland, MI residents Jeff and Peg Padnos who are working with local developer Scott Bosgraaf. The proposed marina, located within a gated community near the mouth of the Kalamazoo River, would have significant negative effects on our community. It would:
Excavate 250,000 tons of sand within Michigan’s Critical Dune Boundary, permanently erasing 6.5 acres of dunes.
Alter the groundwater beneath globally imperiled interdunal wetlands.
Damage Potawatomi Traditional Cultural Property by putting at risk lake sturgeon, burial sites, sacred and ceremonial sites, wild rice, and other cultural values.
Devastate the local ecology by imposing noise, vibrations, emissions, and light; introducing invasive species; creating habitat fragmentation; and destroying mature forest canopy.
Undermine our tourism economy.
From the beginning, the Coastal Alliance has been fighting the proposed marina by educating our community about what’s at stake, filing lawsuits, and collaborating with our allies to challenge regulatory agencies to deny permits.NorthShore of Saugatuck must obtain permits from Saugatuck Township, the Michigan Department of Environment, Great Lakes, and Energy (EGLE), and the U.S. Army Corps of Engineers (USACE) to build its proposed marina. Here’s where things stand:
Saugatuck Township
The Coastal Alliance has been in a years-long legal fight with Saugatuck Township over the permit it issued to NorthShore in 2017 to build its proposed marina — a permit that clearly violates the Township’s zoning ordinances. The issue at stake in the current round of litigation is whether the Coastal Alliance has legal standing to challenge the permit — a case that reached the Michigan Supreme Court. In July 2022, the Supreme Court issued a decision that changed Michigan law and clarified the criteria for standing. As a result, the Supreme Court sent the case back to Allegan County Circuit Court for further consideration.
In April 2023, the Circuit Court directed Saugatuck Township’s Zoning Board of Appeals (ZBA) to determine whether the Coastal Alliance meets the Michigan Supreme Court’s new criteria for standing. Consistent with the Supreme Court decision, the judge directed the ZBA to consider new, relevant evidence that for good reason was not available in 2018.
In November 2023, the attorney for the Township’s insurance company filed a motion with the court on behalf of the Township asking for clarification of and relief from the April order. During oral arguments on December 11, 2023, the Township argued that no new evidence should be considered. NorthShore of Saugatuck agreed with the Township’s position and also claimed the Supreme Court’s clarification to the criteria for standing were merely “tweaks” - a claim that was rebuked by Judge Antkoviak during the hearing.
In January 2024, Judge Antkoviak issued a written order affirming the April 2023 court order that established that “additional material evidence exists that with good reason was not presented to the ZBA.” He determined that the April 27, 2023, date of earlier order is the date for closing the record, which means the ZBA should consider admitting evidence submitted before that date. We expect the ZBA to meet again on May 16.
Once we are granted standing, we will be able to argue the merits of our case — that the Township’s permits clearly violates its zoning ordinances.
Michigan Department of Environment, Great Lakes and Energy
On February 9, 2024, EGLE denied NorthShore’s permit application, citing significant adverse impacts on the natural resources associated with the Kalamazoo River, the uses of the Kalamazoo River, and the public trust. EGLE also noted inconsistencies and other issues with the hydrologic groundwater modeling submitted by the applicant. In addition, they noted there are feasible and prudent alternatives to the proposed marina. Learn more here.
U.S. Army Corps of Engineers
Just three days after EGLE denied NorthShore’s permit application, USACE denied the federal permits. NorthShore had applied for the permits in 2017. In its February 12, 2024, letter to the applicant, USACE wrote: “At this point in our evaluation, it appears the detriments of your project as currently proposed may have outweighed the benefits to the overall public interest. Specifically, the project wouldadversely affect the Kalamazoo River Mouth Traditional Cultural Property (TCP). The mitigation proposed to date does not appear adequate to resolve the adverse effects to the TCP.” Learn more here.
History of the potential marina site
Late 1800s
Blowing winds bury the town of Singapore after the community’s main lumber mill moves to St. Ignace.
1996 and 1998
The City of Saugatuck offers to buy acreage from Frank Denison near Oval Beach in 1996 and the Dept. of Natural Resources offers to buy acreage in 1998. Both deals fall through.
Early 2000s
Following the sudden death of Frank Denison, the property is purchased by energy mogul Aubrey McClendon who outbid groups seeking to buy the land to add to the state park. The Land Conservancy of West Michigan purchases 177 acres from McClendon to establish the Saugatuck Harbor Natural Area.
2016 and 2017
Following McClendon’s death in a car accident, the property was listed for $40M. Offers from residents who sought to conserve the land were rejected in favor of a bid from NorthShore, owned by Padnos. NorthShore received a permit from Saugatuck Township to build a yacht marina in 2017.
2020
The Keeper of the National Register of Historic Places determines that the Kalamazoo River Mouth Area meets the criteria as a Traditional Cultural Property of the Potawatomi.
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