Saint John plan commission approves Grace Church primary plat with curb-and-gutter waiver amid resident erosion concerns

The Town of Saint John Plan Commission on July 30 approved a primary plat for a one-lot subdivision for Grace Church and granted the church—s waiver request from the town—s curb-and-gutter requirement, after a contested public comment period during which multiple residents raised persistent erosion and drainage concerns.

The commission—s vote to approve the primary plat and waive Saint John Municipal Code 21A-44(a) on curb-and-gutter requirements was unanimous, 7-0. Commissioner Ramshaw moved for approval; Commissioner Bamick seconded.

The waiver was requested because the parcel fronts on 109th Avenue, which remains under Lake County Highway Department jurisdiction. Town staff and the petitioner said the county requested an alternative to curb and gutter; the developer proposes one foot of asphalt pavement beyond the edge line and a two-foot aggregate shoulder in lieu of curb and gutter. Town staff told the commission the proposed construction will follow county direction for roadwork and that the town—s current ordinance allows a payment-in-lieu-of-installation option for curbs and gutters if the town later installs them.

Residents told the commission the creek behind their homes is a natural watercourse experiencing measurable erosion and that additional runoff routed there by the church—s detention pond will worsen property damage. Patrick Griffin of 10671 Moraine Drive said the detention design will "collect and dump 100% of that water into the creek regardless of the discharge rate," and asked the commission to reconsider until the creek problems are addressed. Justin Teach of 10703 Marine Drive said aerial photos that were reviewed do not capture erosion that develops over many years and said he had not received timely responses from town management: "It—s been well over a year and a half. The town manager still has yet to return a single call."

Other neighbors described structural and safety impacts they attribute to long-term changes in the creek and local wetlands. Danielle Velasquez said her house was built on land she now understands was a wetland and told the commission her property has "sinking" and safety concerns for her child. Carla Moreno urged the commission to "pause and reconsider the current plan" and to engage affected residents in developing alternative solutions.

Town staff and the petitioner said the planned detention basin and slow-release outlet are designed to meet the town—s stormwater requirements and that no variance had been requested for stormwater design. The petitioner stated the project will adhere to the town—s engineering standards and the county—s roadway direction; staff noted the application complies with submittal requirements for a primary plat review.

Commissioners discussed whether approving the waiver would set a precedent for future developments fronting county roads that are later annexed into the town. Staff said the commission can place conditions on waivers and noted the ordinance provides for a payment-in-lieu mechanism that can fund future curb-and-gutter installation if the town later decides to build them.

The commission—s action was limited to the primary plat and the curb-and-gutter waiver as presented. Residents were explicitly identified and allowed to speak during the public comment period; no formal binding change to the drainage plan or to maintenance responsibilities for the creek was made during the meeting.

The commission approved the primary plat with the waiver by voice vote, recorded as 7-0 in favor. The petitioner may proceed with the next steps required by the town—s subdivision and building permit process.

For residents seeking recourse, the commission noted the technical stormwater reviews are based on submitted engineering materials and county requirements for the roadway; residents may submit further documentation or engineering studies to staff for review under the town—s established processes.