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A controversial construction project along Bluff Road has sparked outcry among nearby residents and led Peninsula Township to issue a Cease and Desist Order this week after determining that work on the site may have violated wetland variance conditions and local zoning regulations.
(Full Disclosure: This property, previously owned by the Kroupa family, is directly to the south of my property.)
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In mid-October, property owners Roger and Kelly McFall received a wetland variance from Peninsula Township’s Zoning Board of Appeals (ZBA) to allow for driveway access and residential construction on the site.
Once a dense forest that includes wetlands, natural springs, a steep bank, and a robust year-round creek that empties into the East Arm of Grand Traverse Bay, the McFalls’ contractor, Bay Area Contracting, has begun major excavation in preparation for a new home.
Concerns About Water, Erosion and Permitting
Prior to the October ZBA meeting and wetland variance approval, several Bluff Road residents, including myself, my immediate neighbors, and about a dozen others, raised concerns about the scope of the project and its potential impact on the area’s ecosystem and infrastructure. Read that story here, and read all the letters in the meeting packet here (October 8 special meeting).
The project is of particular concern along Bluff Road, where the north section of the road remains closed due to erosion issues, and other stretches of the road south to the Center Road intersection face serious stability concerns, including one area near the applicant’s property.
At the meeting in October, a public hearing was held for Wetlands Variance Request No. 927, submitted by Bay Area Contracting, Inc. on behalf of the McFalls for a new residence at 12839 Bluff Road. The applicants sought relief from Section 7.4.7(A)(1) and (2) Floodplain and Wetland Regulations of the Peninsula Township Zoning Ordinance to allow construction of an asphalt driveway within a designated wetland and its 25-foot setback.
The site plan also includes a swimming pool, a “permeable” parking area within a wetland, and installation of a septic system underneath the creek — although a Township variance was not required for these details.
In the photo below, the building site is in the middle of the photo, and the creek runs along where the red fence is next to the excavator.
Residents submitted letters of concern to Peninsula Township, the Michigan Department of Environment, Great Lakes and Energy (EGLE), County Commissioner T.J. Andrews, The Watershed Center Grand Traverse Bay, Baykeeper Heather Smith, Country Drain Commissioner Andy Smits, and the Grand Traverse County Road Commission, warning of possible erosion and contamination risks to the Bay.
Baykeeper Heather Smith submitted a letter to the ZBA on behalf of the Watershed Center, noting possible issues and alternatives. Read her letter here.
EGLE Never Visited the Site
It should be noted that prior to issuing a permit to build, EGLE never visited the site to review possible issues, but instead approved the construction details based on documents rather than an in-person inspection. I confirmed this with our township assessor. EGLE’s permit allows the McFalls to place a 34-foot-long by 57-inch-wide by 38-inch-tall culvert within the creek.
I’m concerned about the stability of my driveway, which winds up a steep bank adjacent to the construction zone; however, County Drain Commissioner Andy Smits has taken a soil sample of the construction site and feels that my driveway will not be impacted by the construction. In the photo below, my driveway is directly on the other side of the red fence.
Cease and Desist Order Issued
On Thursday morning of this week, I noticed members of the construction crew examining the berm on the corner of my driveway. I own part of this berm, and prior to beginning construction, the McFalls asked if I would give them my part of the berm so they could level the entire berm. As this berm is crucial to the stability of the corner of my driveway — and for other reasons — I declined.
Upon approaching the construction crew, one of the construction crew said to me, “I’m going to have to ask you to leave the property.” I walked back to my property, and within a half-hour, learned that the Township’s legal team was drafting a Cease and Desist Order.
By midday, the Cease and Desist Order was posted on the property, and all construction activity halted. According to the Township’s letter to the property owners, the builders were found to be out of compliance with the terms of their wetland variance and permits, particularly concerning the construction of a new access road from Bluff Road that had not been approved. Read the Township’s Cease and Desist Order here.
The day before the order was issued, Peninsula Township officials, including Supervisor Maura Sanders and Assessor Sally Murray, visited the site to survey conditions.
Emergency ZBA Meeting Scheduled
An emergency meeting of the ZBA has been scheduled for Monday, November 10, at 7 p.m. at the Township Hall. As noted in the agenda, discussion will take place on variance request 927 regarding compliance with approvals.
The meeting will be open to the public, and residents may offer comments during the public comment period. View the Agenda here.
What the Peninsula Township Ordinance Says About Wetlands
Under Section 7.4.7 of the Peninsula Township Zoning Ordinance, wetlands are strictly protected areas defined as land that supports water-loving vegetation or aquatic life — such as bogs, swamps, or marshes.
Key rules include:
- No development, modification, or impervious surface (like driveways or parking lots) is allowed within 25 feet of a wetland.
- Any work within a wetland or its buffer requires permits from both the Michigan Department of Environment, Great Lakes, and Energy (EGLE) and Peninsula Township.
- Limited exceptions exist for small boardwalks (3 feet wide or less) when approved by EGLE and the Township.
- Wetland boundaries must be verified by a state-certified wetland delineator if there is any doubt about their extent.
These regulations are designed to protect water quality, prevent erosion, and preserve wildlife habitat, ensuring that development on Old Mission Peninsula remains compatible with the area’s natural environment.
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