As a special meeting approaches to decide whether an electrical substation falls within township zoning guidelines, a zoning change is being fast-tracked that would prohibit the substation from its proposed location.

In another development, a letter sent by Cherryland Electric Cooperative to its members states that the supply company heading an effort to build the substation “regrets that it did not do a better job communicating with neighboring residents on this project.”

But Cherryland Electric, which is teaming with Traverse City Light and Power, Consumers Energy and the International Transmission Company behind the effort of Cadillac-based Wolverine Power Supply Cooperative to build the substation, remains committed to the project.

“However, the fact remains that the proposed Elmwood Township substation is needed to ensure our area’s electrical infrastructure keeps pace with the continued growth throughout Leelanau, Grand Traverse and Benzie counties,” wrote Cherryland general manager Tony Anderson.

Wolverine Power has been criticized by Elmwood residents, including neighbors of the substation and Township Board members, for failing to explain its plans and failing to explain why land owned by a township trustee is the best available site.

Lisa Argue, a Solon Township resident whose husband is developing Bahia Vista subdivision near the proposed substation, has at least temporarily stopped the project by appealing an opinion written by former township zoning administrator Donald Witkowski in August qualifying the substation as an “essential service” as defined in the Zoning Ordinance.

The township ZBA first took up Argue’s appeal Dec. 19, but delayed a decision until a special meeting set to start at 7 p.m. next Wednesday, Feb. 6.

Meanwhile, the township Planning Commission appears ready to effectively remove the favored site from consideration should the ZBA rule against Wolverine.

Commissioners at their Jan. 7 meeting proposed changes to the zoning ordinance that would only allow electrical substations in two smaller commercial areas of the township, and buildings are already located on both sites, according to Elmwood community planner Bill Swanson. Also, Wolverine officials have said the substation must be located within a grid of existing power lines, and neither “C-4” district in the township would qualify.

Swanson is concerned that should the proposed ordinance be enacted, a judge might take a dim view of trying to put the public utility’s future plans in such a restrictive box.

“As a planner, I have to be careful of falling into that. It’s pretty close, if not already there,” said Swanson.

The present township zoning ordinance offers no restrictions on “essential services,” which — at least so far — includes Wolverine’s plans.

Even though the Planning Commission is seeking to move along the zoning change as quickly as possible, it may not be enacted quicker than a completely rewritten township zoning ordinance. Special or conditional land use approval and location restrictions were included in both the new ordinance and zoning amendment text change in hopes of enactment as soon as possible, Swanson said. Both could be ready for a decision at the Township Board’s March 11 meeting. If so, the new ordinance would take precedence over the text change.

All the effort at future township controls may be mute, Swanson acknowledged, should the project end up in court.

Attorneys representing the township, Argues and Wolverine were present at the first ZBA meeting. They again will be in attendance next Wednesday when Wolverine is expected to provide a slideshow to explain its plans.

“My view is the township attorney would like it to end (at the ZBA),” said Swanson. “But if it doesn’t, we’d like to believe we’ve crossed all the T’s and dotted all the I’s should it go to the next level.”