With two permits from Elmwood Township in hand, the developer of a $10 million luxury yacht club in Greilickville is hoping to break ground in a few months.

The permits are to build a marina capable of holding 28 boats 50 to 70 feet in length, and a tunnel under M-22. Ron Walter, who is heading a group of investors under the name West Shore Yacht Club, said the approvals were necessary to keep the project moving.

“The investors were getting a little disillusioned because nothing is happening. Until we got past the township, it wasn’t going anywhere,” said Walter.

Walter said he began talks with Elmwood Township nearly 10 months ago. Since then, two ordinance changes were written and recommended by the Planning Commission providing for the marina and tunnel. The Township Board approved them both.

Walter has not been happy with the speed at which his project has moved through the township, and took issue with motions that failed by 4-3 votes Monday which, essentially, would have delayed the township permitting process.

Planning Commission member Jeff Howell motioned to put off the vote until the township attorney had a chance to review commissioners’ reasoning for approving the permits. The reasons had been assembled into “findings of fact” documents.

Howell said he was specifically concerned about township liability in approving the tunnel.

“There is not even a mention of the township’s liability in the findings of fact,” said Howell “I still think some ‘legal eagle’ needs to go over it.”

Howell said he received a phone call from supervisor Derith Smith one hour prior to the meeting expressing the same concerns.

“I wouldn’t have mentioned it if I didn’t believe it was the right thing to do,” he said.

Smith confirmed that she wanted the township attorney to weigh in prior to the vote. “Back in June, we were talking about having a meeting when (attorney) Jim Young would be back in town. When I was out of town, they changed the date of the conditional land use decision to the night before,” said Smith. “(There was) no time delay. In fact, we are just making sure of the township’s best interest. No one here has experience with a tunnel.”

Attempts to require township attorney review failed by one vote. Decisions to grant the permits were made on 6-1 votes, with Howell opposed.

No mention of forcing the tunnel to remain open to pedestrian traffic was made in the land use permit, and Walters has expressed concern lately that his development would be forced to incur liability if the tunnel is open to the public. He would rather turn the tunnel over to a public body.

Despite his no vote, Howell supports the project.

“I’m very much in favor of the tunnel. But I understand Mr. Walter’s concern, too, that if he has to own it he is liable, too.”

Jeff Aprill, who was appointed commission chairman at the start of the 3-hour meeting, saw no reason to put off a decision that night.

“If these folks thought that an attorney should be present, they should have asked for that prior to the meeting,” said Aprill. who added that he believed the developer had complied with all requirements in the ordinance.

Also at play: Funding to pay for the attorney’s advice. Aprill said the Township Board would need to approve such an appropriation — and he was dubious of its changes of passing.

“This is something we’ve been trying to proceed with for quite awhile … she (Derith) should have requested that ahead of time.”

Asked Tuesday what effect a delay would have had on his project, Walter replied: “We would have filed a lawsuit today.”

Walter’s group is seeking to develop about 11 acres on both sides of M-22 just north of the Dockside Party Store.

Envisioned — and already given preliminary site plan approval by the Planning Commission — is a 42,000 square-foot mixed use building with three stories that will include a yacht club clubhouse, retail space, lodging, condominiums, commercial space and possibly a restaurant.

The property was the first project being aided by the county Brownfield Development Authority.

Storage tanks formerly used for petroleum are already being dismantled at the rear of the property, Walter said. New storage buildings — for boats — would eventually replace them.

“I needed to have this thing approved in July to put up storage buildings this fall,” said Walter.

He hopes to gain DEQ approval to begin marina construction in mid-May, which would allow the leasing of yacht slips next boating season. If approvals come quickly — including an approval from the Michigan Department of Transportation to build the tunnel — construction of the main building could begin in the spring and be ready for occupancy in the fall of 2008.

“We want to keep with a nautical theme. It would have a lot of windows and balconies overlooking the bay,” he said.