Two Suttons Bay-area fruit growers will be able to continue farming on a parcel in northern Bingham Township that was approved for development as the result of a 2005 court order following action this week by the Bingham Township Board.

Developer Tom Beeler had battled for years with the Bingham Township Planning Commission over plans for his 160-acre parcel on Pleasant Hill Road near Kohler Road, originally requesting a “clustered” residential development but settling instead on a 78-unit development – all on two-acre parcels as allowed in the township’s agriculture district. Beeler won approval for his project only after taking the township to court, however. As part of a settlement judgement, Beeler was also allowed to delay development until 2010.

Since then, Beeler has leased the land to farmers Jeff Send and Scott Emeott, who told the Bingham Township Board this week that they would like to continue leasing the land and planting more fruit trees there. However, Send and Emeott expressed concern that Beeler would be required to begin construction on the parcel before their investment in the property pays off. They requested clarification of the intent of the consent judgment and an answer as to whether Beeler would be required to begin construction by 2010.

According to township supervisor Ross Ard, an opinion from a township attorney who handled Beeler’s case indicates that Beeler will only need to record a master deed for the development to meet requirements of the consent order and preserve his right to develop the property indefinitely. Beeler has delayed developing his property pending a future upswing in the housing market.

Ard said it was not clear whether Beeler would be required to comply with any future zoning ordinance changes after 2010, and that Beeler’s agreement with Send and Emeott was not something the township board was in a position to affect.

Beeler, who was in attendance at the meeting, said he was confident that his right to develop the property as approved in the 2005 court order would be preserved, but indicated that he was willing to continue working with farmers Send and Emeott in the meantime.

Trustee Mary Bush offered a motion to “acknowledge that Mr. Beeler’s filing of a Master Deed for the Leelanau Estates project will satisfy requirements of the consent judgment.” The motion was supported by Ard and carried in a 5-0 vote.

In other business at its regular monthly meeting this week, the Bingham Township Board:

• Voted 5-0 to approve a contract with Suttons Bay Public Schools to administer recreation programs for township youngsters. The board appropriated $200 to support a tee-ball program and $400 to support a youth soccer program.

• Voted 5-0 to approve treasurer Sandra Grant’s proposal to cease sending annual “opt-out forms” for the county’s recycling program to those who have already opted out of the program. Grant explained that those who have already opted out will not need to opt out again, and that new forms will be forwarded only to those for whom new property deeds have been recorded.

• Vote 5-0 to approve an estimated $31,000 expenditure to replace a culvert and widen a driveway at the township hall.

• Authorized clerk Peggy Core and township Cemetery Committee member Midge Werner to attend an upcoming “Cemetery Management Workshop” being offered for $60 per participant.