The Haines Planning Commission voted to postpone discussion of a controversial heliport permit last week. It’s not the first time the conditional use permit for Big Salmon  Ventures has come before the body.

Big Salmon Ventures LLC, the company of Haines resident Scott Sundberg, applied to the borough for the right to construct a heliport and operate commercially on its property at 26 mile. It is his fifth application for a permit on that property and his second application this year.

Sundberg bought the property in 2007 when construction of a heliport was use by right and didn’t require a permit. He said a heliport would be good for the economy.

“We are trying to meet in the middle to help foster a good winter economy, building lasting infrastructure that does not have too much of an impact on property,” he said.

Most nearby residents turned out in numbers to protest, but two supported the project. public comment lasted about an hour. Several expressed frustration that after over a decade the permit requests keep coming. Others said flight paths violate state law by passing too close over the Chilkat Bald Eagle Preserve. Most object to what they call a harmful noise nuisance.

Jessica Plachta lives near the land question. She said a borough noise study found that the noise from helicopters was enough to wake someone from sleep from a mile away and cause hearing loss up close.

“The evidence in that report is damning,” she said.

“I mean 94 decibels? Give me a break. That’s causing him hearing loss. You can’t justify granting this permit.”

But the concern that slowed proceedings was legal precedent.

The Haines Borough Planning Commission denied Big Salmon Ventures the conditional use permit in 2015. The company appealed their decision to the state’s superior court. Judge Phillip M. Pallenberg upheld the commission’s decision.

For that reason, several commission members voiced concern that granting the permit would put the borough in legal peril. Lee Heinmiller said that he didn’t think the application had changed enough to bear reconsideration.

“Right now, with the public’s comments, I’m uncomfortable with doing anything and putting the borough at risk legally,” he said.

Diana Lapham said she is supportive of economic growth and heli-skiing, buy could not ignore public comment and legal requirements.

“I can’t do it,” she said.

“As much as I want to pull that rabbit out of the hat, I can’t do it. I have to follow code. I have to follow the weight of testimony that we’ve gotten.”

Another question dogging proceedings was whether the borough should have accepted the applicationand recommended that the commission grant itto begin with. Some of the residents fighting against the heliport said they found the borough’s actions improper.

The commission voted to postpone the issue while they solicit legal counsel from the borough attorney.

The next planning commission meeting is scheduled for November 14th.