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Response to 88-foot tower studied

The Leelanau Township Planning Commission will seek advice from a consultant on how best to update the township’s communication tower zoning ordinance now that the installation of an 88-foot structure has taken place.

Two weeks ago, Paul Hunsinger of Gill’s Pier Road had a tower erected on his property to hold an antenna that can receive and send signals for high-speed wireless Internet service. The tower and antenna have a combined height of 88 feet, and the top of the tower and antenna are visible from surrounding hillside properties.

Hunsinger said he needs high-speed Internet service at his house on Gill’s Pier Road for his job. He works for a Florida-based company and needs Internet service for access to the firm’s network. Initially, Hunsinger regularly traveled to Leland to use the high-speed wireless service provided through the Leland Township Library.

What Hunsinger and the Internet service provider company he is using, Cherry Capital Connections, didn’t realize is that Leelanau Township has a communication tower zoning ordinance. Hunsinger said he was told by Cherry Capital Connections that there would be no local zoning problems since the kind of tower he wanted would be under jurisdiction of the Federal Communications Commission (FCC), and therefore be exempt from local zoning rules.

Hunsinger and Tom Maylone, general manager of Cherry Capital Communications, are trying to work within township zoning rules. Both were at the township Planning Commission meeting on Thursday, Oct. 25, along with District No. 5 County Commissioner David “Chauncy” Shiflett, who supports having a wireless Internet provider up and running countywide as soon as possible.

Township Zoning Administrator Deborah Serwin said some commission members are not pleased that the tower is up. “It is very noticeable from far away,” she said.

Under the current zoning ordinance, communication towers up to 60 feet are allowed without a land use permit if the tower is being used by a federally-licensed amateur radio operator, or is being used only to receive signals, like over-the-air television and radio broadcasts. Otherwise, anyone wanting to put up a tower that exceeds 60 feet in height must prove a need for the tower and apply for a land use permit. Towers over 60 feet are only allowed in the Agricultural, Residential Conservation, Commercial, and Industrial zoning districts.

The commission has sent a request to consultant planner Nick Lomako to review the existing tower ordinance, and suggest where changes might be made.

In other business, the commission started its review of draft language to update the township Zoning Ordinance to bring it in line with changes made to the state Zoning Enabling Act in 2006. Serwin said the township needs to update its procedures concerning Zoning Board of Appeals appointments, notification requirements, and rezoning. The commission is not yet ready to schedule a public hearing on the possible zoning revisions.

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