CHERRY VALLEY _ A vote on a controversial local wind ordinance is on the agenda for Thursday night's Cherry Valley town board meeting.
The ordinance, which sets standards for the installation of wind turbines in the town, threatens to short circuit Reunion Power's plan to erect two dozen turbines East Hill in the town of Cherry Valley.
Reunion Power's project manager David Little said in September that they had serious concerns about the law and has proposed compromises so that the project can move ahead.
``In essence, the current draft amounts to a permanent moratorium,'' Little wrote in a letter to town board members.
He claimed noise limits and the required setbacks from property lines and residences was ``by far in excess of standards contained in any scientifically-based ordinances or local laws that have been passed by at least fifteen other communities within the state of New York.''
The ordinance, he wrote, ``would make it impossible for any developer to site even a single windmill on the East Hill.''
But the town planning board disagrees. Its members developed the law with the assistance of consulting engineers and Syracuse attorney Tom Fucillo. In a letter to town supervisor Tom Garretson, the board said the ordinance provided ``a strong basis to appropriately control wind energy systems in our town and to balance the benefits of such systems with the potential impacts of such systems on the citizens of this town and the environment.''
The planning board's letter also specifically addressed the 1,200-foot setback from property lines and 2,000-foot setback from residences for the wind turbines.
``We believe that the larger setbacks are both reasonable and necessary to protect adjacent landowners from the potential impact of such large industrial projects,'' the board's stated.
Earlier this fall, Garreston said the town needed a law ``that's going to protect the town. That comes first.'' He went on to say that if one developer finds they can not work within the confines of the town's proposed wind ordinance then perhaps another developer can.
Now, with two public hearings and some revisions behind them, the town board is set to vote on the ordinance.
And Reunion Power's East Hill Wind Farm is running an ad in local newspapers this week making a last-minute plea for a compromise on the wind ordinance.
``A compromise position has been offered that would result in Cherry Valley having the most restrictive wind ordinance in New York State and will still allow for a limited version of the project to move forward. The development team of the East Hill Wind Farm respectfully requests that the town board consider the proposed compromise and allow the town and its residents to benefit from the East Hill Wind Farm,'' the ad states.
Another ad is undersigned by 28 town residents and asks the community to urge the town board to reject the wind ordinance.
``If you believe in a better future for our children and the opportunity for all of the TownĂs residents to receive the benefits, let the Town Board know you support the project and encourage them to seek a compromise,'' the ad states.
On the eve of the vote, the Advocates for Cherry Valley, who oppose the project, remain optimistic the board will listen to the recommendation of the planning board and adopt the ordinance.
``We have made every appeal to reason and to the board's sense of fair play. In the process we have by far made the best case. I hope we are not disappointed,'' Advocates spokesman Andy Minnig said Wednesday morning.
``By approving the ordinance the board would return the town of Cherry Valley to a tradition of responsible government. If they fail to approve it, they would deny their own planning board's wisdom and the expressed will of the community. Calls for defeat of the ordinance and for "compromise" being made by the developer are analogous to the thief in your house saying, `let's negotiate.'''
Garretson said Tuesday that he plans on asking for a motion to adopt the wind ordinance Thursday night.
``If we can get this ordinance in place, we'll be in the driver's seat where we belong,'' he said.
The supervisor said he also plans to select a replacement Thursday night for board member Fabian Bressett III, who announced his intention to resign effective at the end of the year.
Garretson said there is some uncertainty and he is researching whether or not the board must wait until a vacancy actually exists before making the official appointment.
The meeting will be Thurs., Dec. 14, at 7 p.m. in the old school gymnasium.
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