Traverse City Record-Eagle

Elmwood Township

April 11, 2008

Officials question substation zoning status

Township to research if station falls under amended regulations

By Melissa Domsic

GREILICKVILLE -- Questions persist over a contested electrical substation in Elmwood Township that already has faced multiple appeals.

Township officials are researching whether the facility is exempt from zoning or falls under recently amended regulations that require public and township input on essential services.

It's the latest roadblock for Wolverine Power Cooperative's planned $4 million high-voltage substation near the corner of Bugai Road and M-72, a project that's seen strong opposition from area residents.

A lawsuit filed by nearby property owners against the utility was dismissed in Leelanau County Circuit Court on Monday. The suit attempted to reverse Elmwood's Zoning Board of Appeals decision in February that the substation was not subject to normal zoning regulations.

The ZBA ruling was based on township rules that, at the time, exempted essential services from zoning provisions.

But the township passed an ordinance amendment last month that requires public input before an essential service facility can gain approval.

Township officials initially said the amendment wouldn't affect Wolverine, but that was questioned by property owners and their attorney, who unsuccessfully sued Wolverine.

Generally, zoning changes apply to proposed projects unless the property owner obtained vested rights in the planned land use, township attorney Jim Young said.

"The question is, do those general zoning principles apply to a unique land use as a substation, and also, even if those principles do apply, has Wolverine engaged in sufficient activity to meet those principles?" Young said.

Township Supervisor Derith Smith expects the research will cost $2,000 to $4,000 and take up to two weeks.

Smith said she's disappointed Wolverine didn't do more to communicate with residents and include public input while planning for the substation.

"This has been a wake-up call for all municipalities," she said. "If they want public input, they need to make sure their ordinances are tuned up to guarantee that."

Craig Borr, Wolverine's executive vice president, called the move a political attempt to stop the project.

"We've tried very hard to work with Elmwood Township, but from our perspective this project is way too far along and way too important to turn back from at this point," he said.

Borr said he'll "pursue the completion of this project by all avenues available," which could include seeking help from the Michigan Public Service Commission to possibly supersede the township's decision.

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