And the decision on whether a proposed electrical substation in Elmwood is actually an electrical substation as defined in the township Zoning Ordinance . . . will have to wait.

The capacity of the township Zoning Board of Appeals to rule on the issue as requested by neighbors of an electrical substation proposed by Wolverine Power Cooperative was limited by an agreement reached by attorneys hours before the ZBA meeting, held last Wednesday, Dec. 19 — after the Enterprise had gone to press.

Instead, the ZBA voted 5-0 to hear the appeal, and set a special meeting for Feb. 6 to do so.
Attorneys hired by the township, Wolverine Power and Lisa Argue, whose husband is developing and selling a subdivision adjacent to the proposed site off M-72 near an existing windmill generator, agreed just hours before the meeting to limit the scope of that night’s ZBA decision.

The only question before the ZBA was whether Argue had appealed the township Zoning Administrator’s decision to consider the project an “electrical substation” — which essentially exempted the project from zoning restrictions — in a timely manner.

“At this juncture, the parties are not prepared to go forward,” said attorney Peter R. Wendling, who attended the meeting in the absence of township attorney Jim Young. Both are members of the Young, Graham, Elsenheimer & Wendling law firm. “It would be my advice not to (proceed).”

Wolverine attorney Brian E. Valice said he and a contingent of Wolverine officials attending the meeting were ready to argue their case, although he agreed to the delay.

Wendling further suggested that it would be “premature” to accept public comment on the merits of the issue. Instead, residents were asked to limit their words to whether the application should be heard.

Consequently, only a handful of the 35 residents attending the meeting advanced to the podium. All wanted the appeal to continue, including Robert Bargiel, whose grandmother resides adjacent to the project.

Josephine Bargiel “has been put (in a nursing home) since these things have begun,” said Robert Bargiel. “We believe that there does need to be more research … it has not been proven that it is an essential service for this location.”

Josephine Bargiel had originally appealed the zoning administrator’s decision through a separate application that was withdrawn due to duplication before she had to pay a fee.

Instead, Bargiel’s appeal will be heard under the appeal filed by Argue.

Bargiel and Argue, who resides in Solon Township, provided affidavits explaining that they had no knowledge of the Zoning Administrator’s decision in August to allow the project until trucks were observed making soil borings at the site in November.

The affidavits helped “establish a valid reason why they are appealing it some 90 plus days after the Aug. 16 letter from (zoning administrator) Don Witkowski,” said Gary R. Bergstrom, chair of the ZBA.

Witkowski retired Oct. 31, after which township planner Bill Swanson assumed zoning administrator duties. Swanson, who attended the meeting, said Witkowski’s decision was made with advice from township attorney Young.

But Witkowski made an “incorrect decision…” Argue said, “based on not enough information.”

Only a sprinkling of information about the substation was provided by Valice and Wolverine officials at the meeting. Craig Borr, who is Wolverine’s public relations specialist, did not attend. Wolverine officials said that:

• The property has not been purchased yet from township trustee Terry Lautner, who attended the meeting but did not speak. Lautner had been recused from voting on a Township Board resolution asking Wolverine to work with the community to find the best site for the substation.

Lautner is a member of Cherryland Electric Cooperative’s board of directors, and a former director for Wolverine. Traverse City Light & Power, Consumers Energy and Cherryland are working in conjunction with Wolverine on the project.

• No permits have yet been pulled for the project, although Valice said he would prefer the ZBA render a decision within 30 days. “The substation is critical,” Valice said. “It’s critical to thousands of residents of Leelanau County and residents of Traverse City.”

What the zoning ordinance says

The Elmwood Township Zoning Board of Appeals is being asked to determine if a project planned north of M-72 near an existing windmill generator is an “Essential Service” as defined by Section 3.4.

Wolverine Power Cooperative is seeking to build what it has called an “electrical substation” on the site.

Section 3.4 defines Essential Services as: “'The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions, of overhead or underground gas, electrical, steam or water distribution or transmission systems… (and) electrical substations …”