Traverse City Record-Eagle

Elmwood Township

March 30, 2008

Electrical substation ruling appealed

By MELISSA DOMSIC

GREILICKVILLE -- A dispute over a proposed electrical substation in Elmwood Township is moving to court.

Elmwood's Zoning Board of Appeals last month upheld the township's decision that Wolverine Power Cooperative can build a massive electrical substation near the corner of M-72 and Bugai Road.

Mason and Lisa Argue, along with Josephine Bargiel, appealed the decision in 13th Circuit Court this month and filed a motion to stay construction pending the outcome.

The Argues are developers of the adjacent Bahia Vista subdivision, and Bargiel lives next to the substation site on Bugai Road.

"Obviously, no one necessarily wants this right next door to them, but if there was a process that was followed and they happened to be at the losing end of it, that's what happens," said James Pagels, attorney for the property owners. "It was the process that was totally defective; there was no public participation at all."

Wolverine received permission to build the facility under the township zoning ordinance, which exempted essential services from zoning rules and didn't require planning commission review of site plans.

An amendment to the ordinance since has been passed that requires more oversight of essential service facilities, but it won't affect Wolverine. Township officials approved the zoning changes after residents spoke out against the substation and said they should have had a say on its location.

Craig Borr, executive vice president for Wolverine, acknowledged the utility could have done a better job communicating with the public, but said officials engaged in discussions with the township and were allowed to proceed under the zoning ordinance.

"Bottom line, we're very comfortable with our position and the actions taken by the township, specifically the township board of zoning appeals," Borr said.

The substation would cover 4.5 acres with towers as tall as 80 feet and include power lines for Cherryland Electric Cooperative, Traverse City Light & Power and Consumers Energy.

The utility purchased land for the substation from township Trustee Terry Lautner, who also is a Cherryland director and former board chairman for Wolverine.

The township was not named as a formal party in the appeal, but its attorney will be at the court proceeding.

The initial hearing on Pagel's motion to postpone substation construction will be held at 10:30 a.m. on April 7 at 13th Circuit Court in Suttons Bay.

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