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Town Attorney review set after neighbors raise alarm over American Orthodontics property on Pine Beach Road South
Summary
Neighbors criticized the construction and proposed use of a dwelling owned by American Orthodontics at N2047 Pine Beach Road South and requested a full legal opinion; the board scheduled a closed‑session consultation with the Town Attorney and said a summary may be provided at the Oct. 14 meeting.
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The Town of Holland on Monday confirmed it will seek legal advice after neighbors pressed the board over the proposed future use of a newly constructed dwelling at N2047 Pine Beach Road South owned by American Orthodontics (AO). Town Chair David Huenink said the board will meet in closed session on Sept. 16 with Town Attorney Eric Eberhardt to "confer with Town Attorney who is rendering oral or written advice" about the property's use, and that a summary of any legal opinion may be presented Oct. 14.
Residents packed public comment to raise safety, scale and zoning concerns. "The Town Board and Plan Commission missed the boat when they allowed the dwelling at N2047 Pine Beach Road South to be constructed because it’s not owned by a family," said resident John Dickmann, who urged AO to move or sell its four Holland properties to the west side of Interstate 43. Ann Bachrach requested "a full written response" and specifically asked the board to release the Town Attorney’s legal opinion and any underlying information the attorney relied on.
Why it matters: Neighbors say the structure and its intended use — which they contend is not a typical single‑family residence — strain the character and traffic patterns of the Pine Beach neighborhood and may fall outside the Town’s short‑term rental rules. Chair Huenink told the board that redeeming points for a stay would be treated as a form of payment and that hotels are not permitted in the R‑1 zoning district, but he said the Town has not taken a position in favor of or against any party: "The Town Board is not 'for' or 'against' anyone with regards to this topic. The Town Board is responsible for following the letter of the law prior to considering the intent of the law."
Key facts the board confirmed and residents pressed: the Town Building Inspector reviewed plans and issued a building permit for a single‑family dwelling and confirmed a permit posting at the site; some neighbors told the board the exterior is unfinished and the interior lacks drywall. Residents asked whether an occupancy permit has been issued and sought dates of inspections; Chair Huenink said Inspector Tom Huenink will follow up with the onsite crew to ensure the permit remains posted as required.
Board next steps and open questions: The board's Sept. 16 closed session is intended to allow private attorney consultation on how existing Town ordinances and state law apply to the property's proposed use. Ann Bachrach and others asked the Town to publish the attorney’s written opinion and any factual basis behind it. The board has not yet announced enforcement steps or zoning changes; several residents urged the board to consider ordinance changes such as dwelling‑size limits and clarifying permit application requirements for indicated uses.
The matter remains under review; the Town’s legal guidance and any formal enforcement action will determine how the issue progresses at the Oct. 14 meeting or in subsequent proceedings.
