ARVON TOWNSHIP PLANNING COMMISSION QUARTERLY MEETING

OCTOBER 13, 2021

MINUTES

CALL TO ORDER:  6:20 P.M.

ROLL CALL AND RECOGNITION OF VISITORS:  Joe Bollech, Trustee; Jay Loman, Trustee; Bob Janda, Township Board Representative; Nancy Strohschein, Trustee; Linnea Barron, Secretary, Ken Anderson, Zoning Administrator.  Absent:  Dorothy Nankervis, illness.  Guest:  Bette Gabe and prospective member Robert Lindert.

PLEDGE OF ALLEGIANCE:  Pledge recited.

APPROVAL OF AGENDA:  Jay made a motion to accept the agenda, seconded by Bob.  All approved

APPROVAL OF MINUTES:  Nancy made a motion to accept the minutes, seconded by Jay.  All approved.

SCHEDULED PUBLIC HEARINGS:  Possible hearing for a request to build less than our 480 sq ft limit.

PUBLIC COMMENT:  Bette gave an overview of what a chairperson’s duties are.

OTHER MATTERS TO BE REVIEWED BY THE PLANNING COMMISSION:  Ken brought up new construction on Witz Rd, 2-story home with boathouse next spring.

OLD BUSINESS: 

1. Solar energy:  Ken has checked out some solar systems installed, one of which is a very nice set-up with a price tag of $62,000.  He will have more information at the next meeting.
2. Master Plan.  Meeting set up for October 19^th at 6 p.m. to go over what Jason sends us.

OPEN DISCUSSION FOR ISSUES NOT ON THE AGENDA:

1. Correspondence received:  None.
2. Planning commission members concerns, if any:  None.
3. Members of the audience concerns:  None.

REPORT OF TOWNSHIP BOARD REPRESENTATIVE, Bob Janda:  None.

REPORT OF ZONING BOARD OF APPEALS REPRESENTATIVE: Jay Loman:  None.

REPORT OF PLANNING CONSULTANT: 

NEW BUSINESS:

1. Who wants to be chairman:  Jay Loman?
2. Any other business to be brought before the commission:  None.

DISCRETIONARY PUBLIC COMMENT:  None.

NEXT QUARTERLY MEETING DATE:  January 12, 2022 at 6 p.m. at the fire hall.

ADJOURNMENT:  Bob made a motion to adjourn, seconded by Nancy, all approved.  Meeting adjourned at 7:50 p.m.

Submitted by Linnea Barron, Secretary

CALL TO ORDER:  6:00 p.m.

ROLL CALL AND RECOGNITION OF VISITORS:  Bette Gabe, Chairperson; Dorothy Nankervis, Trustee; Mary Deline, Trustee; Joe Bollech, Trustee; Keith Erickson, Township Board Representative; Kenny Anderson, Zoning Administrator; Linnea Barron, Secretary.  Absent:  Jay Loman, unknown reason.  Visitors:  Irene Fisher.

PLEDGE OF ALLEGIANCE:  We started our meeting with the pledge of allegiance.

APPROVAL OF AGENDA:  Dorothy made a motion to accept the agenda, Mary seconded, all in favor, motion carried.

APPROVAL OF MINUTES:  Mary made a motion to accept the minutes for the quarterly January 8, 2020 meeting, seconded by Keith, all in favor, motion carried.  Dorothy made a motion to accept the minutes for the Feb. 25, 2020 work session, seconded by Mary, all in favor, motion carried.

SCHEDULED PUBLIC HEARINGS:  Public Hearing on the proposed amendments to our wind turbine section in the Ordinance is on August 10, 2020, at 6 p.m. at the Arvon Township Town Hall.  Bette discussed the process for the meeting.

PUBLIC COMMENT:  Irene reserved her comment to our second public comment.

OTHER MATTERS TO BE REVIEWED BY THE PLANNING COMMISSION:  None.

OLD BUSINESS

a. Proposed zoning amendments in regard to utility wind turbines; overview and suggested changes by Attorney Joshua Nolan.  There were just a few suggestions by the attorney to our amendments and are as follows: 

1.  Section 1502 (D) – change “Allow use of wind turbine…”  to “Allow operation of wind turbine…”’ 

2.  Section 1502 – Onsite – (D) Remove from D. Sound Pressure Level…”This sound pressure level may be exceeded during short-term events such as utility outages and/or severe wind storms.”  It is not mentioned in the utility grid section and the on-site regulations should mirror the utility grid to avoid any “equal protection” claims. 

3.  Section 901 (A)(2)(c) and (d):  The 1.5 times height seems inconsistent with the 2,500’ setback due to the height of 330’ height limit.  Suggested we either increase the multiplier 5 times the height or eliminate it altogether.  We chose to eliminate the 1.5 times the height and used the distance of 2,500 feet from the property line….. 

4.  Section 901 (B):  The following was added for clarification:  “Noise measurements shall be conducted consistent with ANSI S12.18 Procedures for Outdoor Measurement of Sound Pressure Level and ANSI S12.9 Part 3 (Quantities and Procedures for Description and Measurement of Environmental Sound — Part 3:  Short-term Measurements with an Observer Present), using Type 1 meter, A-weighting, Fast Response.”

5.  Section 901 (C):  Suggestion to remove the phrase “industry standards” as it can mean something different depending on the wind industry representative.  We changed it to read, “All solid waste whether generated from supplies, equipment, parts, packaging or operation or maintenance of the facility, including old parts and equipment, shall be removed from the site within thirty (30) days of the date such solid waste was generated.”

6.  Section 901 (H)(2):  Change the language of “maximum and most up to date technology”.   A letter A was added to include the following:  Turbines must include technology acceptable to the Township that minimizes the risk of harm….”   Also a letter B was added to read:  “The applicant must comply with US Fish & Wildlife Guidelines concerning the siting and operation of industrial wind turbines.”

7.  Section 901(H)(4):  change to “A decommissioning plan acceptable to the Township shall be provided….. (This wording was added).

8.  Site Plan Review, Section K:  Type corrected from ANSI 512.9 to read ANSI S12.9.

After discussion, a motion was made by Mary to accept the changes to our amendments, seconded by Dorothy, all agreed and motion carried.

b. Master Plan updates and timeline:   Jason McCarthy has been working on our Master Plan and submitted an extended timeline due to the COVID-19 virus.  We need a public open house before the snowbirds leave to be able to continue to work on this.  He has been working on the history of the area, some demographics and will be applying census data when available. 

OPEN DISCUSSION FOR ISSUES NOT ON THE AGENDA:  

1. Correspondence received:  None except the update from Jason McCarthy.
2. Planning Commission members concerns:  Get this done.
3. Members of the audience concerns:  Think we are doing an awesome job.

REPORT OF TOWNSHIP BOARD REPRESENTATIVE, Keith Erickson:  None.

REPORT OF ZONING BOARD OF APPEALS REPRESENTATIVE:  Jay Loman:  Absent

REPORT OF PLANNING CONSULTANT:  No consultant

NEW BUSINESS:

1. Any new business:  None.
2. Setting public hearing dates or work sessions, if needed:  Already covered above.

DISCRETIONARY PUBLIC COMMENT:  Irene presented an idea for our township due to her interest in a TV show “Flea Market Flip” that is popular.  She suggested having a designated flea market in Arvon Township on a regular basis (seasonal ?).  This will fall under our Master Plan when we have an open house for these kinds of suggestions. 

Keith brought up about the Potter’s Field at the cemetery having gravel leveled and putting a plaque with the names of those buried there. 

Kenny brought up needing a definition for junk yard.  A definition for blight already exists in the Ordinance.  Discussion followed if there is a difference between the two, as there can be various opinions on this.

NEXT QUARTERLY MEETING DATE:  October 14, 2020, 6 p.m. at Skanee Town Hall. ADJOURNMENT:  Mary made a motion to adjourn, seconded by Joe, all agreed, motion carried.  Adjournment at 7:10 p.m.

ARVON TOWNSHIP PLANNING COMMISSION PUBLIC HEARING
AUGUST 10, 2020
CALL TO ORDER: 6:00 p.m.
ROLL CALL AND RECOGNITION OF VISITORS: Bette Gabe, Chairperson; Dorothy Nankervis, Trustee; Joe Bollech, Trustee; Mary Deline, Trustee; Keith Erickson, Township Board Representative; Linnea Barron, Secretary. Absent: Jay Loman, Trustee, unknown reason.
Visitors included: Sue Bollech, Irene Fisher, Jeanette Baker, Nancy Strohschein, Wayne Abba, Marie Stiebe, Catherine Andrews, Jay Fish, Ken Andersen.
PLEDGE OF ALLEGIANCE: The pledge of allegiance was recited.
APPROVAL OF MINUTES: A motion to accept the minutes from the July quarterly meeting made by Keith, seconded by Dorothy, all agreed, motion carried.
APPROVAL OF AGENDA: Mary made a motion to accept the agenda, seconded by Dorothy, all agreed, motion carried.
PRESENTATION OF ZONING TEXT AMENDMENTS AND NEW DEFINITIONS:
Available to all present were copies of the new definitions and changes made to the amendments on the wind energy portion of our ordinance.
Bette started the presentation by presenting the new definitions. It was clarified that these definitions were added as they appear in the amendments. Next Bette presented the amendments page by page bringing attention to anything in bold print indicating a change. These changes include a height limitation of 330 feet per turbine; distance from Lake Superior be 5 miles landward in the forest resource district; guidelines for siting and use of wind turbine structures and testing towers; sound pressure level; shadow flicker; property setbacks; distance between turbines; safety; avian and wildlife impact; decommissioning; complaint resolution; change in ownership; liability insurance.

OPENING OF PUBLIC COMMENTS: Jay Fish thanked us for a great job on these amendments. He expressed concern about the roads and the addition of transmission lines to utilize the electricity generated. We do not address this in our amendments as there is no way to measure this until the turbine location is known. Katherine Andrews interjected that the proposed transmission lines of the wind energy system for L’Anse Township would have been 28 miles, and Arvon Township is farther away. Jay stated he is an active outdoor enthusiast who likes to see the area stay the same with all the wonderful outdoor activities available to us. Wayne Abba also was in favor of the amendments and thanked the planning commission for their hard work. He was glad to see the addition of a decommissioning plan and security guarantee. Jeanette Baker was in favor of the amendments and thanked us. In explaining the distance from the shores of Lake Superior for any proposed wind turbines, Bette stated that we were advised to change from 7 miles to 5 miles by attorney, Josh Nolan. The US Fish and Wildlife Service guidelines are now 3 miles but they and other avian and conservation groups are looking to recommend 5 miles, with some suggesting 10 miles. Jeanette suggested that we include in our amendments that the distance be 5 miles or as recommended by the US Fish and Wildlife Service, whichever is greater. Jeanette questioned why we had reference to shadow flicker on page 3 and on page 11. Keith stated that on page 3 shadow flicker is pertaining to on-site wind turbines, not the utility grid turbines. She then felt on page 11 that the non-participating property lines with direct line-of-sight to a wind turbine was confusing. She stated that even though she cannot see the wind turbine there could be shadow flicker. She felt that the sentence should read non-participating properties, and omit the rest of the sentence. Jeanette also suggested on page 5 that we add to the sentence on fire detection systems and fire suppression systems the words “acceptable to the Township”. Nancy Strohschein is also in favor of the amendments. On page 9 of our amendments, she questioned on letter H. (water bodies, waterways, etc) the sentence on newly constructed WECS access roads may not impede the flow of water. A discussion on what a flow of water was addressed, is it a trickle or a torrent. Also there may be flow of water in the spring and not anymore in the summer. The definition of a river bed/bank was discussed and Jay stated that an area that shows a definite river bed and banks would be where a flow of water was present even if dry. Irene Fisher also added how the access roads could deteriorate just getting the turbines in place. She stated that at the Pine Ridge wind farm one turbine took 52 semi-loads of cement or concrete for one turbine. She felt this would impact the roads, water bodies, creeks, etc., in a negative way, especially in our area. Keith referred to the pre-application permit section in our amendments that covers this on #3, environment, a and b. These are the studies necessary before the application will be accepted. This would be in the Environmental Impact Statement. It was suggested that we add a sentence referring to this information on page 5, letter H. Nancy also wondered about the last item about liability insurance if the amount of $5,000,000 was sufficient and was it for the whole turbine system or per turbine. We discussed this and feel this needs to be clarified. Sue Bollech favored the amendments and agreed with the comments made. Irene Fisher favored the amendments and the good discussions. She felt that our wind turbine ordinance could be a model for other townships. Marie Stiebe favored the amendments and thanked us. Ken Anderson, our Zoning Administrator, had no comments.

ACKNOWLEDGE CORRESPONDENCE AND PHONE CALLS, IF ANY: Burt Mason voiced his support for our amendments and stated he would be unable to attend our hearing due to having to attend another meeting. No other calls or correspondence were received.

RECOGNIZE AND NOT SUPPORT AND/OR OPPOSITION TO ABOVE PROPOSALS: The proposed amendments were supported by those in attendance.

PUBLIC HEARING IS CLOSED AND REGULAR MEETING AGENDA CONTINUES: Bette at this time closed the public hearing portion at 7:10 p.m. and regular meeting commenced.

COMMISSION MEMBERS DISCUSS AND DELIBERATE ON PROPOSED UPDATED ZONING TEXT AMENDMENTS AND DEFINITIONS TO BE ADDED AND ANY MODIFICATIONS, IF ANY: The Planning Commission felt that the suggestions from the public were valid and we made the following modifications to our amendments”

1. On page 4, #4, shall read: Utility grid wind energy tower shall meet a minimum setback of five (5) miles or the recommended setback of the US Fish & Wildlife Service, whichever is greater landward from the shorelines of Lake Superior and Huron Bay.
2. On page 5, under Safety, last sentence, shall read: Utility grid wind energy towers shall have built-in fire detection systems and fire suppression systems acceptable to the Township.
3. On page 9, letter H., add the following sentence: Refer to the Pre-application Permit on page 5, #3, Environment, letters a and b, for reference.
4. Page 10, #4, change Environment Analysis to Environmental Impact Statement.
5. Page 11, #6, Shadow Flicker, change second sentence to read: The analysis shall include potential shadow flicker created by each proposed wind turbine in any non-participating properties.
6. Page 12, Liability Insurance: We discussed whether to have the amount pertain to per turbine or the whole system. Many felt that if for a whole system it was not enough. Bette will contact attorney, Josh Nolan, on this.
   A MOTION IS CALLED FOR; A VOTE IS CALLED FOR, AND RESULTS RECORDED: A motion was made by Keith and seconded by Mary to approve the modifications to our proposed amendments that resulted from our discussions with the public. Joe Bollech, yea; Dorothy
   Nankervis, yea; Mary Deline, yea; Keith Erickson, yea; Linnea Barron, yea; Bette Gabe, yea. Motion carried. A final draft of this will be sent to our Township Board for their consideration.
   ADJOURNMENT: Joe made a motion to adjourn, seconded by Dorothy. All agreed, motion carried. Adjourned at 7:35 p.m.
   Submitted by Linnea Barron, Secretary

ARVON TOWNSHIP PLANNING COMMISSION SPECIAL MEETING

LAKESIDE INN, BARAGA, MI NOVEMBER 6, 2019

CALL TO ORDER:  6:00 p.m.

ROLL CALL AND RECOGNITION OF VISITORS:  Bette Gabe, Chairman; Dorothy Nankervis, Trustee; Mary Deline, Trustee; Joe Bollech, Trustee, Jay Loman, Trustee.  Absent:  Keith Erickson and Linnea Barron due to prior commitments.  Visitors:  Attorney Joshua Nolan on-screen via teleconference (in real-time); Burt Mason, moderator for teleconference; and eighteen persons in the audience (list of attendees filed with minutes).

PLEDGE OF ALLEGIANCE:  The pledge of allegiance was recited.

APPROVAL OF AGENDA:  Motion made by Dorothy Nankervis to accept the agenda, seconded by Mary Deline.

OLD BUSINESS:  Chairperson, Bette Gabe, gave a short presentation on the status of the proposed utility WECS amendments developed by the planning commission board up to this point.  She explained that the board is seeking additional legal counsel based on a short presentation from township attorney Steven Tinti on October 7, 2019.  His recommendation was to have zoning amendments that are defendable in a court of law.

NEW BUSINESS:  A teleconference was set up with attorney Joshua Nolan to share legal information concerning WECS amendments.  The main request of the planning commission board was to gain information to develop ordinances that will stand up in a court of law.  He stressed the need to show a rational reason between zoning and the health, safety and welfare of the citizens.  Attorney Joshua Nolan felt some proposed amendments were not defensible and some were.  He critiqued all five proposed changes as well as giving his legal opinion on other sections of the industrial WECS section of the Zoning Ordinance.

Much information was shared with the board to take back and use to amend the Wind Energy Systems (WECS) Zoning Ordinances of Arvon Township.  The information will align with the advice from attorney Steven Tinti and give the board members a rationale for zoning ordinances.  With this information in place all proposed amendments, as well as other sections should be defendable in a court of law.

PUBLIC COMMENT:  Several members shared information regarding setbacks, zoning information from other townships and their opinions.

ADJOURNMENT:  Motion made by Dorothy Nankervis, seconded by Joe Bollech, adjournment at 7:12 p.m.

Submitted by Mary Deline for absent Secretary Linnea Barron

ARVON TOWNSHIP PLANNING COMMISSION QUARTERLY MEETING OCTOBER 9, 2019

CALL TO ORDER:  6:00 p.m.

ROLL CALL AND RECOGNITION OF VISITORS:  Bette Gabe, Chairman; Dorothy Nankervis, Trustee; Mary Deline, Trustee; Joe Bollech, Trustee; Keith Erickson, Township Board Representative; Linnea Barron, Secretary.  Absent:  Jay Loman, Trustee; and Ken Anderson, Zoning Administrator.  Visitors:  Irene Fisher, Wayne Abba, Karena Schmidt.

PLEDGE OF ALLEGIANCE:  Bette suggested that we begin our meetings with the pledge of allegiance at each meeting, beginning tonight.  We all agreed and the pledge done.

APPROVAL OF AGENDA:  Mary made a motion to accept the agenda, seconded by Dorothy.  All approved, motion carried.

APPROVAL OF MINUTES:  Keith made a motion to accept the minutes, seconded by Mary.  All approved, motion carried.

SCHEDULED PUBLIC HEARINGS:  None.

PUBLIC COMMENT:  Wayne Abba mentioned that L’Anse Township is having their public hearing on their master plan around December 5th.  He also informed us that the HILPA (Huron Island Lighthouse Preservation Association) elected new officials with Burt Mason, president; Joe Bollech, vice president and treasurer; Nancy Bernard, secretary; Jeffery Loma and Wayne Abba trustees.  This group will work parallel to the Friends of the Huron Mountains group.  They plan projects in the spring which include repair of the lighthouse. 

Irene Fisher felt that we were doing a good job.  She brought up dust control which was discussed at the Township Board meeting and its financing, millage increase, township contribution, etc.

Karena Schmidt is from the Department of Natural Resources and we welcomed her to our meeting. 

Wayne mentioned that L’Anse is trying to get a blight ordinance that would be administered by one person responsible for all of Baraga County including all the townships. 

OTHER MATTERS TO BE REVIEWED BY THE PLANNING COMMISSION:  None.

OLD BUSINESS

1. Damaged buildings, timeline for removal and clean-up:  We discussed to have a 12 month limit for this.  Joe Bollech will check with Hannila Insurance Company on what kind of time frame the insurance company would have.
2. Status of proposed utility WECS amendments:  We feel we are at an impasse on this as we do not propose to make any changes in the amendments we presented to the Board.  Bette presented a copy from Eagle Harbor who have set a height limit of 300 feet for the utility wind turbines.  Bette even spoke with a representative from there and they are not concerned with being sued over this.  We discussed proposing a moratorium to the Township Board on accepting any applications/permits being for utility wind turbines until the amendments are agreed upon.  Mary made a motion to request the Township Board to set a moratorium on accepting any applications/permits from any utility wind energy conversion system until the issue with our amendments is resolved.  Dorothy seconded the amendment, all agreed, and motion carried. 

OPEN DISCUSSION FOR ISSUES NOT ON THE AGENDA:

1. Correspondence received:  Bette received a picture of a wind turbine that Marcy Cella sent her that read; Thank you for not folding…signed Marcy and future generations.
2. Planning commission members concerns, if any:  Bette is concerned what happens to our proposed amendments now that we are at an impasse with the Township Board.  She will check with the MTA website for help on this, or other websites. 
3. Members of the audience concerns:  A mutual concern for being at a standstill on our amendments.

REPORT OF TOWNSHIP BOARD REPRESENTATIVE, Keith Erickson:  None.

REPORT OF ZONING BOARD OF APPEALS REPRESENTATIVE, Jay Loman:  None as he was absent.

REPORT OF PLANNING CONSULTANT:  None.

NEW BUSINESS:

1. Zoning text correction:  It was brought to our attention that we need to clarify on the amendments that the distance of one mile between wind energy systems be changed to state that each wind turbine be one mile apart from one another as wind energy systems could mean multiple turbines.  Keith made a motion that on our amendment on the spacing of utility wind energy systems be changed to read; utility wind energy turbines shall be spaced a minimum of one (1) mile apart from one another.  Mary seconded the motion, all agreed, and motion carried.  Another correction was brought up by Linnea and it concerns page 80 in our ordinance: Nonconforming Use of Land and/or Structures, letter a; Nonconforming use of land shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date.  It should read; Nonconforming use of land shall not be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date.  The word ‘not’ was omitted and needs to be in there.  Keith made a motion to accept this change, seconded by Joe, all agreed and motion carried.
2. Any other new business:  None.
3. Setting public hearing dates, if needed:  None.

DISCRETIONARY PUBLIC COMMENT:  None.

NEXT QUARTERLY MEETING DATE – January 8, 2020, 6 p.m., at Fire Hall

ADJOURNMENT:  Dorothy made a motion to adjourn, seconded by Mary, all agreed, adjournment at 7:20 p.m.

Submitted by Linnea Barron, Secretary

ARVON TOWNSHIP PLANNING COMMISSION QUARTERLY MEETING

JULY 10, 2019

CALL TO ORDER:  6:02 p.m.

ROLL CALL AND RECOGNITION OF VISITORS:  Bette Gabe, Chairperson; Jay Loman, Trustee; Dorothy Nankervis, Trustee; Keith Erickson, Township Board Representative; Joe Bollech, Trustee.  Absent:  Mary Deline, Trustee, out of town.

Visitors included:  Jeff Loman, Wayne Abba, Pat Stein, Linda Kinnunen, Katherine Andrews.

APPROVAL OF AGENDA:  Addition to agenda under Old Business add Township Website.  Keith made a motion, seconded by Dorothy.

APPROVAL OF MINUTES:  Jay requested a correction in the Public Hearing minutes to indicate that he was in attendance and to correct the name to Bob Kissel in attendance.  Approval of minutes by Jay, seconded by Dorothy with the changes.

SCHEDULED PUBLIC HEARINGS:  None.

PUBLIC COMMENT:  Katherine Andrews made comment on a comment during the public hearing about nature conservancy being unique.  She stated it is not unique.  There are several nature conservancies in the state.  We explained that statement was made by a public member and we recorded it as stated.

Jeff Loman stated how important it was that the wind energy systems be addressed by Arvon Township and changed in our ordinance.  On SAVE, the attorney Mr. Tinti said if zoning ordinance prevented wind turbines on forest resource land that township would get sued.  Not true, L’Anse didn’t get sued.  If attorney continues to advise that we would be sued, ask him to provide a case example.

Wayne Abba stated that restrictrictions are not exclusive and our attorney does not have an understanding of wind energy.  If a threat should arise, ask what is it based on.  The big push for wind energy is that tax credits for this will end in 2020.

Katherine commented that L’Anse’s attorney would get back to them right away with an answer.  Technology makes it possible to do business without having face to face contact.

Another topic that came up at a township board meeting was the issue of dust abatement on our unpaved roads.  Wayne stated that too often the first response is that it is too expensive and the county will not do anything.  Wayne stated when a problem arises to acknowledge the problem and try for a solution.  He suggested:  1.  There is a problem.  2.  Present solutions (all of them no matter how expensive).  3.  Find which solution may have possibilities, then look into the cost and find ways to resolve it.  Maybe cost share for residents who are directly affected.

OTHER MATTERS TO BE REVIEWED BY THE PLANNING COMMISSION:  None

OLD BUSINESS: 

1. New zoning map and 2 corrections adopted as amendments to zoning:  This was effective on July 17, 2019.
2. Statue of remaining amendments:  Unknown.
3. Updating Master Plan:   Bette has been having difficulty finding someone who wants to help us with our master plan.  She has made calls but without anyone returning her calls.  Jeff Loman suggested she try Michigan Tech MSU Extension.  Contact person Dr. Guy Meadows.  Bette will try to get in touch with him.

OPEN DISCUSSION FOR ISSUES NOT ON THE AGENDA

1. Correspondence received:  None.
2. Planning commission members concerns, if any:   None.
3. Members of the audience concerns:  Wayne and Jeff both addressed how having blight addressed in our ordinance could make Arvon Township more attractive to visitors and perhaps future residents.  Wayne also asked if we have all the attractions in Arvon Township on the website including the marina, Silver River Falls, and the various falls in the area.
4. Township Website:  Paul Warner will be meeting with Kay Erickson on updating or changing the software used for the site. 

REPORT OF TOWNSHIP BOARD REPRESENTATIVE, Keith Erickson:  None.

REPORT OF ZONING BOARD OF APPEALS REPRESENTATIVE, Jay Loman:  None.

REPORT OF PLANNING CONSULTANT:  None.

NEW BUSINESS:

1. Damaged buildings, timeline for removal and clean-up:  Ken brought up that when buildings are damaged, like in a fire, we have no timeline for cleanup.  Eagle Harbor has a 12 month limit for cleanup.  Discussion included what responsibility is for insurance companies, etc.  We decided to check into other townships and what they have and resume this topic at our next meeting.
2. Temporary buildings and travel trailers:  On page 73 of the Ordinance, a correction needs to be made. Section 1407, Other Uses of Mobile Homes and Trailers, H, #4.  It reads; other temporary uses of mobile homes, travel trailers, or motor homes for a period not to exceed 24 months upon review and approval by the Planning Commission provided it is determined that the use is consistent with the intent of the Zoning Ordinance and would not be detrimental to any surrounding uses or properties.  The correction would be the Zoning Administrator, not the Planning Commission would do this.  Dorothy made a motion to make this correction, Keith seconded it, all approved, motion carried.
3. Ken also requested that the Principal Uses section of FR and FF concerning temporary mobile homes, #2 on page 50, be added to RR and SR.  This reads:  Temporary mobile home or travel trailer maintained in sound running condition with a current vehicle license, provided occupancy is limited to not more than thirty (30) days in any calendar year.  Discussion included the problem of enforcement and decision to not honor this request was made unless the enforcement issue is resolved.
4. Any other new business:  None.
5. Setting public hearing dates, if needed:  None.

DISCRETIONARY PUBLIC COMMENT:  None.

NEXT QUARTERLY MEETING DATE:  Oct 9, 2019, 6 p.m. at Town Hall.

ADJOURNMENT:  7:40 p.m.  Keith made a motion to adjourn, seconded by Dorothy.

Submitted by Linnea Barron, Secretary

PUBLIC HEARING MAY 15, 2019

CALL TO ORDER:  6:00 p.m.

ROLL CALL AND RECOGNITION OF VISITORS:  Bette Gabe, Chairperson; Keith Erickson,

Township Board Representative; Ken Anderson, Zoning Administrator; Jay Loman, Trustee; Mary Deline, Trustee, Linnea Barron, Secretary.  Absent:  Dorothy Nankervis, Trustee, prior commitment. 

Visitors:  Pete and Jean Suomela, Burt and Raelyn Mason, Bob Kissel, Nancy and Whitey Soli, Joe and Sue Bollech, Katherine Andrews.

APPROVAL OF MINUTES:  Minutes from January 9, 2019 meeting:  Keith made a motion to accept the minutes, seconded by Jay Loman, all approved, motion carried.

Minutes from special meeting/work session, February 6, 2019:  Jay made a motion to accept the minutes, seconded by Mary, all approved, motion carried.

APPROVAL OF AGENDA:  Keith made a motion to accept the agenda, seconded by Mary, all approved, motion carried.

INTRODUCE UPDATED ZONING MAP, ZONING TEXT CORRECTIONS, AND ZONING TEXT AMENDMENTS:

1. Copies of zoning map:  Bette explained that we have had ten revisions to our zoning map.  We have been working with Steve Rouser from WUPPDR to revise the map for clarity, good colors, roads and rivers identified.  No changes to the zoning districts were made.  Copies of the map were distributed and reviewed. 

Katherine Andrews had a question about a setback of 75 feet from rivers be shown, and that is in text in our ordinance. 

Whitey Soli requested that the nature conservancies, that are not taxable, be shown as well.  We have lost revenue due to these conservancies with more land being applied for as a conservancy.  (This is unique to this area and is not a statewide issue.)  He wondered if those areas could be shown in a different color to be visible, that these properties need to be a different district or a different designation, and maybe a plan for usage.  He stated that programs like commercial forest, and qualified forest land have to have a plan for usage to qualify for programs.  Bette stated this is a tax issue and that our ordinance does not get into this. 

• ​Text corrections: 
  • In ARTICLE V – R-1B General Residential District, under Section 502. Required

Conditions, page 45; and ARTICLE VII – RR Recreational Residential, under

Section 702. Required Conditions, page 48; and ARTICLE IX – FR Forest

Resource, under section 902. Required Conditions page 51; and ARTICLE X –

FF Farm Forest Districts, section 1002. Required Conditions, page 53; and ARTICLE XI – B-1 Business District, section 1102. Required Conditions, page 55; and ARTICLE XII – Industrial District, section 1202. Required Conditions Water Frontage, page 57: 

The sentence shall read:  Small non-habitable structures such as utility buildings may be permitted within the minimum setback upon the approval of the Zoning Administrator.  (not Planning Commission)

• Article XVII – Administration; Section 1700. General Administration:

                        The provisions of this ordinance shall be administered by the Zoning

                        Administrator who shall be appointed by the Township Board.  (Not Planning                         Commission)

• Under Section 901, Special Uses Permitted (Alternative Energy Sources),                          under C. Safety:  The minimum vertical blade tip clearance from grade shall                         be seventy-five (75) feet for a wind energy system employing a horizontal                         axis rotor.  (Correction made from 20 feet to 75 feet, an oversight.)

• ​Text amendments​:
  • The amendment to the height of a utility grid wind energy system over 20 meters high and anemometer towers over 20 meters was discussed by the Planning Commission and amended to be three hundred feet (300 feet).  We felt this was necessary for aesthetic and view shed purposes.  This change can be found in Section 901, Principal Uses Permitted Subject to Special Conditions and Section

1502. Alternative Energy Sources; to read:  A Utility Grid Wind Energy System, On-site Use Wind Energy System, and Anemometer towers over 20 meters (65.6 feet) high and not to exceed 300 feet from the ground level to the tip of the wind generator blade when the tip is at its highest point, shall meet the following standards, Article XIV of this Ordinance. 

• Add to Section 1502, Alternative Energy Sources, Section 901 Principal Uses Permitted Subject to Special Conditions, Property Setbacks, #2, add letter ‘e’, to read:  Utility Grid Wind Energy Systems shall be spaced a minimum of one (1) mile apart from one another.  This was for density and less harmful to birds of all species.  The Fish and Wildlife recommendation was anywhere from ½ mile to 2 miles apart.
  • Add to Section 1502, Alternative Energy Sources, Section 901 Principal Uses Permitted Subject to Special Conditions, Property Setbacks, #1, add letter ‘d’ and #2, add letter ‘f’ to read:  d.  Anemometer towers shall meet a minimum setback of seven (7) miles landward from the shoreline of Lake Superior and Huron Bay. f.  Utility Grid Wind energy Systems shall meet a minimum setback of seven (7) miles landward from the shorelines of Lake Superior and Huron Bay.  After reviewing our Forest Resource District on the map we felt it was necessary to have a setback from Lake Superior/Huron Bay, residential areas, wetlands, rivers, and bird migration.  The Fish and Wildlife suggested anywhere from 3 to

10 miles and the Planning Commission felt 7 miles was best.   This would account for 10-12% of total township area and we were hard pressed to find anywhere that they would fit.  Bette also stated that on the seal of Michigan in latin the meaning states, “if you seek a pleasant peninsula, look about you.”

• Add to Section 1502, Alternative Energy Sources, Section 901 Principal Uses

Permitted Subject to Special Conditions, Property Setbacks, under letter “C”, Safety, add sentence:  Utility Grid Wind Energy Systems and Anemometer Towers shall have built-in fire detection systems and fire suppression systems. This was felt necessary due to the remoteness of the area and the difficulty of resources to fight a fire in that area.

• Add to Section 1502, Alternative Energy Sources, Section 901 Principal Uses Permitted Subject to Special Conditions, Property Setbacks, letter ‘H’, #2, add small letter ‘a’, to read:  Blades shall be feathered from dusk till dawn.  This is for the protection of bats as that is when they are active.

Bette also prepared references of the Planning Commission decisions for the amendments concerning Utility Grid Energy Systems with standards in our Ordinance, Land Use Plan and Recreation Plan.

OPENING OF PUBLIC COMMENTS:  Time:  6:35 p.m. 

Pete Suomela:  We are on the right track. Burt Mason:  Lots of time devoted to this.

Brian Kissel: No comment but supportive.

Joe Bolleck:  Good job.

Katherine Andrews:  Commended us.  She never thought L’Anse Township would have had to deal with this.  They trusted an engineer and didn’t do their own homework. Sue:  We have done a good job.

Close of public comments:  Time:  6:48 p.m.

PUBLIC HEARING IS CLOSED AND REGULAR MEETING AGENDA CONTINUES:

Commission members were ready to continue with all the proposed updated zoning map, zoning text corrections and zoning text amendments as presented.  Jay made a motion to accept the map, corrections and amendments, seconded by Keith.  Record of results:  Jay Loman, yes; Mary Deline, yes; Linnea Barron, yes; Bette Gabe, yes; Keith Erickson, yes. Motion approved by all and carried. 

ADJOURNMENT:  Keith made a motion to adjourn, seconded by Jay, all approved and motion carried.

Submitted by Linnea Barron, Secretary

ARVON TOWNSHIP PLANNING COMMISSION SPECIAL MEETING

February 6, 2019

CALL TO ORDER:  Meeting brought to order at 6:00 p.m.

ROLL CALL AND RECOGNITION OF VISITORS:  Bette Gabe, Chairperson; Keith Erickson,

Township Board Representative; Dorothy Nankervis, Trustee, Jay Loman, Trustee, Mary Deline, Trustee, Linnea Barron, Secretary.  There were 20 visitors, sign up sheet with names is attached with minutes.

PRESENTATION BY BURT MASON, FRIENDS OF THE HURON MOUNTAINS:  Burt Mason

presented a 3-D visual view shed (created in conjunction with Michigan Tech) of large wind turbines if they are erected in L’Anse Township.  The view shed made it clearer how visible the turbines would be from any proposed location in Baraga County as noted on a map of Baraga County.   Burt addressed several questions from those attending.  The feeling from those present was that this was very informative.

Burt also brought a scale model of a proposed wind turbine in comparison to the surrounding trees, buildings, and people.

PUBLIC COMMENT/QUESTIONS:  None.

OLD BUSINESS: 

1. Utility wind turbines – proposed amendments discussion; wording of and placement in zoning ordinance text.
   1. Height not to exceed 300 feet from tip of blade at its highest point.  Discussion to add to description on page 50, page 80 and page 88 of the Ordinance.
   1. Require a minimum distance of 5-7 miles from shorelines landward of Lake Superior and Huron Bay.  Motion made at January 9, 2019, meeting for 7 miles. This would be added to page 84, property setback, #2, under e.
   1. Require a combination of built-in fire detection system and fire suppression system for each turbine.   This would be added to page 84 under safety as a separate sentence.
   1. Require spacing of utility turbines be at least ½ to 2 miles apart from one another, or use some other measurement?  After discussion Mary made a motion and Jay seconded to have the distance be 1 mile between wind turbines, all approved, motion carried.  This would be stated also on page 84, property setback, #2, under f.
   1. Require “feathering” of blades?  Discussion of why this was necessary for protection of bats who fly at night.  Feathering means the blades would be twisted (angled) from dusk to dawn for more protection of the bats.  Motion made

by Jay and seconded by Keith to add this into the Ordinance.  This would be on page 86, H, #2, Avian and Wildlife Impact, letter a added.

• Also on page 84, under Safety, a correction was necessary from 20 feet to 75 feet in reference to the minimum blade tip clearance from grade.  (An oversight)

• There are changes in the ordinance to clarify Utility Buildings.  The zoning administrator should have authority over these and not the planning commission as stated in our zoning book. Corrections to pages 45, 48, 51, 53, 55, and 57.

• On page 118 in our Ordinance, Article XVII-Administration, Section 1700, should read The provisions of this ordinance….appointed by the Township Board; not Planning Commission. Motion changed this.

NEXT QUARTERLY MEETING DATE – April 10, 2019

ADJOURNMENT:  Jay made a motion to dismiss, seconded by Dorothy, all approved. Adjourned at 7:15 P.M.

Submitted by Linnea Barron, Secretary

ARVON TOWNSHIP PLANNING COMMISSION QUARTERLY MEETING

JANUARY 9, 2019

CALL TO ORDER:  6:00 P.M.

ROLL CALL AND RECOGNITION OF VISITORS:  Bette Gabe, Chairperson; Keith Erickson,

Township Board Representative; Dorothy Nankervis, Trustee; Jay Loman, Trustee; Mary Deline, Trustee; Linnea Barron, Secretary.  Visitors:  Wayne Abba, Tim Malloy, Heather Stiebe, Nancy Hahn, Jim Hahn, Whitey Soli, Nancy Soli, Sue Bollech, Joe Bollech.

APPROVAL OF AGENDA:  Dorothy made a motion, seconded by Mary, all approved.

APPROVAL OF MINUTES:  Two documents needed motions:  Quarterly meeting from October, a blank space was filled in by members and that was the company name of Batelle, a company that does environmental impact statements.  There was another blank that was decided was unnecessary and was crossed out – fee for building permits.  Keith made a motion to accept the minutes, seconded by Mary, all approved.  The second document was a work session meeting minutes in November.  Dorothy made a motion to accept the minutes, seconded by Mary, all approved.

SCHEDULED PUBLIC HEARINGS:  Ken Anderson was not present tonight and assumption is there are no public hearings scheduled.

PUBLIC COMMENT:  Jim Hahn voiced his concern about who we are serving, the citizens/taxpayers in this community and their interests and needs or the corporate interests of companies (foreign companies) who are subsidized by the government for industrial development of industries such as the wind turbines.  He has genuine concern that we keep in mind who we serve.

Wayne Abba stated that in the Mining Gazette there is an article that the RES (wind turbine company) has put on hold its Summit project until after the referendum in May.  Wayne stated this was good news.  He also mentioned that Burt Mason could not attend tonight but wanted everyone to know about the View Shed project that the Friends of the Huron Mountains (FOHM) had contracted with Michigan Tech to do.  This is a projection of the proposed wind turbine project from L’Anse Township that shows in a 25 mile radius the view of the wind turbines from 279 feet up.  The purpose is to see how visible the wind turbines will be from locations around the area, given an address it will show how visible the turbines are.  This will be available on-line and also Burt will do a presentation of this for anyone who requests to see it.  Burt has also produced a scale model of a wind turbine for a comparison to surrounding buildings, trees, people, etc.

Whitey Soli brought up the fine imposed on people who build structures without a permit that was approved in the October quarterly meeting.  At that meeting we imposed a fee that would be 2 ½ times for second offense.  Whitey feels this is too lenient and should be the initial penalty once discovered that a permit was absent.  If a second occurance should happen with same homeowner, he felt the penalty should be much stiffer.  This was not resolved and after discussion, we will table this until the next meeting.  Whitey also brought up the what he called the “shoebox homes” or tiny homes and the interest in them.  Jay Loman stated that maybe we should try to accommodate these homes by reducing our minimum square footage.  Whitey stated that the requirement for well/septic be code and also a foundation be present which makes it taxable.  Our square footage is 480 feet.   We do not address tiny homes in our present Ordinance as we felt that we would stick to our present 480 square footage for minimum size of home.  At this meeting no changes were made, but open for further discussion.

OTHER MATTERS TO BE REVIEWED BY THE PLANNING COMMISSION:  None.

OLD BUSINESS:

1. Progress of our the new zoning maps for the Ordinance.  Bette informed us that the maps are in the hands of Steve Rouser, from UPER, who is working on them.  He had sent what he had done for review and Bette, Linnea and Ken met to do this.  We made 12 revisions on the maps and they are now back with Steve.  Some of the revisions include points of interest, colors, readable road names and legends. 
2. Land Use Plan.  We met for a work session on this and went through the whole plan and made corrections where needed, updating information and still in need of demographic information from census reports.  There are no changes to the general body of the plan as the whole theme is protecting the environment that we have, our trees, watersheds, bodies of water, streams, as this is what draws so many to our community.  Bette stated that in 2020 there will be a new census and we may wait until then to get the plan totally updated and would involve public involvement again as to what they would want for this community.  The land use plan will also need public hearings for approval.
3. Utility wind turbines – discussion for possible amendments to existing zoning.
   1. Do we propose a height limit?  Wayne Abba offered that the FAA has a concern on height and have to consult with state and tribe.  Commission members feel that a limit needs to be set and height of 250 feet or 300 feet was discussed. Mary made a motion to set a height limit of 300 feet and that is from the top of the blade, seconded by Jay.  Vote was 4-2  with Bette and Linnea voting no, (preferred 250 feet).  Motion carried.
   1. Propose expanding distance from waters edge of Lake Superior from 5 miles at our prior meeting to 10 miles or any number in between?  Bette had spoken with an attorney versed in the wind turbines and he advised that we can set a distance of 5-10 miles from Lake Superior shores.  We needed to be careful not to zone out into the next township.  After examining a map, Jay made a motion to change our previous 5 mile distance to a 7 mile distance from the water edge of Lake Superior, seconded by Keith, all approved, motion carried.
   1. Require a combination of built-in fire detection and fire suppression system for each turbine.  At our previous meeting in October we approved requiring a fire suppression system for each wind turbine.  Research showed that a fire detection and fire suppression system would serve our needs better.  Whitey mentioned that the DNR is responsible for any forest fires that includes those started by wind turbines.  Our own fire department does not have the resources to fight forest fires.  Jim Hahn also mentioned that these companies replant with red pine that would just add to the fire hazard.  Jay made a motion, seconded by Keith, to require a combination fire detection and fire suppression system in each wind turbine, all approved, motion carried.  The company Firetrace was proposed as one to use.
   1. Require spacing of utility turbines be a least 1-2 miles apart from one another:

We discussed this and did not have all the information we needed, is it legal, etc. We tabled this until more research can be made.

NEW BUSINESS:  None.

OPEN DISCUSSION FOR ISSUES NOT ON AGENDA

1. Correspondence received:  None.
2. Planning commission members:  None.
3. Members of the audience:  Jim Hahn mentioned that these companies defoliate on a yearly basis using poisonous substances like Roundup, and could we include in our Ordinance only manual removal of vegetation, no spraying.

Heather Stiebe asked about what is the disposal for oil leaks, etc., from the turbines and that would be the responsibility of the wind turbine company.

Wayne Abba asked if we had a bond amount for the removal of the turbines.  This would include removal and recycling, not disposing of the turbines on site.

Wayne stated that FOHM can share their maps with us.  Also there is a future school seminar program on governance that includes the referendum process and how it works. Along with that, past referendums on wind turbines were 18 to 0 in favor of the referendums.

REPORT OF TOWNSHIP BOARD REPRESENTATIVE, Keith Erickson:  None.

REPORT OF ZONING BOARD OF APPEALS REPRESENTATIVE, Jay Loman:  None.

REPORT OF PLANNING CONSULTANT

NEW BUSINESS:

a. Setting public hearings, if needed.

DISCRETIONARY PUBLIC COMMENT:  Bette brought up dark sky – stargazing – and something that people really enjoy around here and why so many tourists love coming to this area.  Bette commented that when they had the cabins that their guests just laid on blankets watching the night sky, stargazing, watching an aurora borealis.  There are not many forest areas down state, making this area so attractive for tourists.  Wayne stated a concern that L’Anse Township is imposing the view of the wind turbines on us as we are the community that will see them.

Additional comment made that there will be a substantial tax benefit for Baraga County from the energy plant in Pelkie.

NEXT QUARTERLY MEETING DATE – April 10, 2019.   The planning commission felt it was necessary to have another work session to work on the Land Use Plan and updates on the Ordinance.  The date is February 6, 2019 at 6 p.m. at the fire hall. 

ADJOURNMENT:  Dorothy made a motion to adjourn, seconded by Jay.  Time of 7:23 p.m.

Submitted by Linnea Barron, Secretary