The developer wants to add eight condominiums to the Eagle at the Waters Edge development near the Mill Pond and Shiawassee River. In addition, Adler wants to annex the property to Fenton to maximize the available acreage, which is almost half wetlands and currently zoned for five-acre parcels. The only access to the site is along a Fenton road in Waters Edge, a 293-home subdivision that is about 40% complete.

Annexation would reduce the risk of polluting the river if Fenton's water and sewer services were extended to the site, instead of using septic tanks and wells, said Adler attorney Kenneth Burchfield.

Holly Township doesn't have the capability of providing water and sewer service.

Holly Township is in Oakland County and Fenton is in Genessee County. The Holly Township board has concerns about loss of tax revenue if such a transfer is made. Fenton would receive $8,700 in annual property-tax revenue while providing police, fire and emergency-medical services, water, sewer, waste removal and road repairs. Fenton, which has a water treatment plant, has a policy of not selling water to users beyond its borders. That made annexation the only alternative to providing water to the site.

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