Opinion: Peninsula Township Should Work To Accommodate Seven Hills’ Growing Pains – That’s What the Public Supports

(Editor’s Note: In an Opinion piece, OMP resident Lou Santucci says that Peninsula Township officials should work to accommodate Seven Hills’ growing pains. Read on for his thoughts. -jb)

At Tuesday night’s Township Board meeting, a large group of people turned out to support Seven Hills and their business. It was never made clear at the outset whether the Township wanted to close down the business or just stop them from having entertainment. Certainly, the owner of Mission Proper thought the Township was aiming to shut down the entire Seven Hills operation.

The issues are pretty straightforward. Should the Township adjust its very strict and unrealistic Special Use Permit (SUP) requirements that were imposed on Seven Hills? To wit, an arbitrary and unreasonable noise test that probably would not stand judicial scrutiny as being too vague.

Also, an attendance limit that is based on a septic system handling number. And finally, parking concerns with regard to Seven Hills Road. (Editor’s Note: See the most recent Amendment #3 to Seven Hills’ SUP #35 here. -jb)

Some would argue, as is often heard in the winery discussions, you agreed to these rules! Well, quite often the development of these rules are a form of extortion. The applicant has no choice but to agree to them, or the SUP (permission) will not be granted.

These rules are not in the Peninsula Township Zoning Ordinance and are made up at the whim of the planner or individual members of the Planning Commission. As a different example, when Lightwell Lavender Farm wanted to get permission to have a sauna at their business site in the middle of a field thousands of feet away from any house, was it really reasonable to say, you have to require your users to wear a bathing suit inside the sauna? Another requirement was to insist on the ability to inspect the owners’ financial records.

Circumstances can change. Why should a successful business be bound by requirements that restrict the growth of their business? Don’t we want our Old Mission Peninsula businesses to succeed, and especially the ones developed by the young people out here?

Let’s look at each issue that was brought up as a reason to pull Seven Hills’ approval and destroy their business.

Parking

It appears from the testimony at the meeting that the police do not ticket or tow cars if they park on Seven Hills Road, because it is not illegal. It is the county’s job — not the Seven Hills folks’ — responsibility to enforce parking rules. If there is no rule against it, then why should the Township one-up with a different rule and insist that the business owner is responsible for enforcing a rule on parking, which apparently, is not illegal?

The owners can do the best they can to encourage people not to park there, and that should satisfy their obligation. By placing signs and informing patrons they should not park there, they have met their obligation. (Editor’s Note: Signs have been placed along Seven Hills Road. -jb)

Septic System

The Grand Traverse County Health Department has stated that the septic system can only accommodate 70 people. I’m not sure what that means. Will the system stop working if 71 people use it? What is the time frame, etc.?

In any case, what about portable bathrooms to accommodate more people? Shouldn’t that suffice? It seems to work fine for weddings, the Cherry Festival, the Bayshore Marathon, and a host of other events throughout the county.

Noise

The most common standard for enforcing noise levels is to measure them using instruments developed for that purpose, and set a noise limit that can be measured. The arbitrary and vague requirement to say it has to be at a level no louder than conversation at a certain point is subject to gross misinterpretation. Testimony at the meeting stated that noise levels were tested and submitted to the Township, and that they were within acceptable scientifically-established levels.

No proof was offered by the Township that the level exceeded any well-established measurement. What was offered was two unidentified complaints that the people could hear the music and complained. That would be totally insufficient in a court of law to establish unlawful noise. Just because you can hear a lawn mower doesn’t make it illegal. There are set noise levels at set distances, for example.

In sum, this all seems to be workable if the elected and appointed officials at Peninsula Township want to accept that many, many people want Seven Hills to be here and want them to have events. Let’s figure out a way to accomplish that instead of calling for their proverbial head.

One final note … what’s wrong with people clapping for people they agree with? Threatening to close the Township Board meeting because people express their opinion by clapping rather than testifying seems like an overbearing reaction.

To me, it is a reasonable way to express one’s self. So how about allowing three minutes or less of clapping by people who find that an easier way to make their opinion known?

Ever watch a debate in the Parliament in the UK? That is often a raucous event. Maybe the supervisor could ask after each statement if people agree or disagree with it. At least you could get a sense of where the public stands on the issue.

– Lou Santucci, OMP Resident

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