by Austin Marsman
The Barry County Planning and Zoning Commission last week voted 5-1 to approve the Bay Pointe Woods planned unit development (PUD) expansion at its Orangeville Township Gun Lake location.
Though PUD approval for the business on private Oarie Drive does not give Bay Pointe permission to start construction, it gets owner Mike Powers’ plans one step closer. Construction is pending because some changes and fine-tuning from the Planning and Zoning Commission is expected.
Powers first came before the commission in January to explain the project The development of his parcel on Oarie Drive calls for a 9,000-square-foot banquet center, outdoor wedding venue, and five cottages.
The Commission voted in January to table the matter until Monday, Feb. 26, at the Tyden building in Hastings. At that meeting, those in favor of the Bay Pointe Woods project spoke first.
Travis Alden, representing the Barry Chamber and Economic Development Alliance, was one of the key speakers. He told the commission “There are a handful of things in any community that puts it on the map, and Bay Pointe Inn is one of those things.” Alden also said it brings recognition to the area and he believes Bay Pointe is worthy of investments.
Others, including long-time residents, speaking in favor shared positive experiences had while at Bay Pointe. Many spoke of Mike and Patty Powers’ character and credibility.
“They are both great people that I’ve known for a long time,” said one.
Proponents also claimed that sound stemming from the proposed event center would be contained inside the Oarie Drive property, so it would not be an issue..
Those opposed to the development were just as vocal, sharing concerns about noise, impact on neighbors, landscaping and the use of private Oarie Drive.
Neighbor Melissa Crow shared a powerful visual showing those opposing the expansion concentrated around that immediate area, while almost all of those in support weren’t near it. She also emphasized that Powers’ plans aren’t defined as a good “neighbor.”
An attorney, representing one of the most directly affected neighbors Joe and Diane Farley, insisted that any such development is unlawful under county zoning ordinance. Even if a PUD was granted, the private road and land are not complementary to the use. Oarie Drive is a private drive and has easements restricted to residents living along it.
Sixteen letters were read by Zoning Administrator Jim MacManus in support of the project, including one from Michigan Governor Rick Snyder and his wife who are seasonal residents and property owners on Gun Lake.
“We have seen the value that Bay Pointe has brought to our area through improved economic results and quality of life,“ said Snyder.
Just four letters were read in opposition, which was supplemented by an online petition and a letter from Orangeville Township.
The Orangeville Township letter, penned by Supervisor Thomas Rook, went in the opposite direction of the eventual decision by Barry County’s Planning and Zoning Commission. The letter stated a general opposition to due to general concerns, including safety. Orangeville Trustees Rob Perino and Linda Ribble, along with Clerk Mel Risner, were in attendance.
Perino clarified “We don’t dismiss anything the citizens have said here tonight, they have legitimate concerns.”
However, Perino later in the meeting said, “We’re satisfied with what he [Powers] has addressed tonight.”
After deliberating and listening to the comments, County Commissioner Ben Geiger eventually moved to approve the project and, in a 5-1 roll call vote, PUD approval was granted.
Zoning Member, Robert Vanderboegh cast the only dissenting vote, explaining he was concerned about the label of “private” on Oarie Drive. He continuously maintained that the drive has to be public in order for the development to proceed.
“I would like to make sure that anything we approve makes the neighbors feel that their concerns have been addressed,” he said, “I see a number of things…that I think need to be addressed.”
Other complaints accused Bay Pointe of excessive noise, trespassing and disorderly conduct from resort guests. Neighbors have publicly asserted that Powers has done nothing to address the allegations, reportedly ignoring complaints and phone calls.
Powers, however, said he hasn’t been aware of any actual incidents. He cited FOIA information from Barry County Dispatch that there were none out of 28 to 30 911 calls that involved an arrest or alcohol violation. Though there haven’t been any major incidents, Bay Pointe plans to add security personnel from Middleville-based Trinity Security and new rules for events to reign in issues.
Issues related to traffic and road use will be looked at during later meetings.
Powers told TownBroadcast after the ruling on the issue, “I’m really happy with the decision, it was the right one.”
The Farleys, on the other hand, said they plan to take a step back to evaluate their legal options.
