** PRESS RELEASE **
August 14, 2008
TOWN OF HAMLIN'S WIND ENERGY LAW CHALLENGED IN COURT
BY HAMLIN PRESERVATION GROUP & 39 RESIDENTS
The "Hamlin Preservation Group" [HPG] was formed in 2007 by a group of town residents and landowners to protect Hamlin's rural character and natural environment. On August 12, 2008, HPG and thirty-nine Town of Hamlin residents commenced a legal proceeding in State Supreme Court, Monroe County, seeking to nullify Hamlin's Wind Energy Facilities [WEF] law. The lawsuit claims that the Hamlin Town Board violated the State Environmental Quality Review Act (SEQRA) and the town's Comprehensive Plan in enacting the local law. The lawsuit has been assigned to the Hon. David M. Barry, JSC, and is scheduled for oral argument at 2:00 p.m. on October 1, 2008.
Hamlin's WEF law was adopted on April 24, 2008. The local law allows construction of industrial-scale wind turbines, up to 400-feet in height, within 600 feet of property lines and public roads and 1,200 feet of residences in Residential-Very Low Density [R-VL] zoning districts. Approximately 70% of the town's land is zoned R-VL, including the scenic open fields and orchards visible from the Lake Ontario State Parkway. In adopting the wind energy law, the Hamlin Town Board chose to ignore the recommendations of the town's Wind Tower Committee [WTC] for 1,500-foot setbacks from roads and property lines, and 2,640-foot [half-mile] setbacks from residents. The Town Board also disregarded the WTC's recommended noise standards intended to protect the health and wellbeing of nearby residents. Four of the Hamlin residents challenging the WEF law, Jerry L. Borkholder, Linda G. DeRue, David Lukas and Andrew C. Simpson, were members of the town's Wind Tower Committee.
Arthur J. Giacalone, HPG's attorney, explained why the legal action was taken:
Hamlin's Town Board has the power to exclude industrial-scale wind farms from this lakeside community, or to mandate minimum setback requirements and noise standards that would protect its residents' health and preserve property values and the town's rural character. It chose, instead, to enact weak and ineffective standards that will facilitate wind farm development at the expense of nearby homeowners and the town's scenic resources. Incredibly, Hamlin's elected officials adopted their WEF law without first conducting the rigorous environmental review mandated by State law, and without regard to the priorities set forth in the town's Comprehensive Plan. Hamlin residents deserve better.
Attached is the lawsuit's caption showing the names of the petitioners. Please contact Arthur J. Giacalone at 716-687-1902 for additional information. Thank you.
STATE OF NEW YORK
SUPREME COURT: COUNTY OF MONROE
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In the Matter of the Application of
VERIFIED PETITION/
HAMLIN PRESERVATION GROUP, COMPLAINT
JERRY L. BORKHOLDER, FLORA G. BORKHOLDER,
RONALD E. BROWN, BARBARA A. BROWN,
ANTHONY C. CALLARI, MARY L. CALLARI,
HERBERT B. CANNON, MARYLOU F. CANNON,
RENEE CLIFF, DALE CLIFF,
JOHN E. COOK, TAMMY E. COOK,
LORIANN D'AGOSTINO,
LINDA G. DeRUE, JOHN G. DeRUE,
JAY DORNEY, PATRICIA DORNEY,
DIANA HANLEY, RONALD KINGSBURY,
DOROTHY B. LAPINSKI, PAUL F. LAPINSKI,
THOMAS R. LAVACCA, MELANIE L. LAVACCA,
DAVID LUKAS, JOYCE LUKAS,
MATTHEW S. MacDONALD,
AMANDA J. VALEK-MacDONALD,
TROY NESBITT, PATRICIA L. NESBITT,
JAMES NESBITT, PAMELA ANN NESBITT,
JOHN W. SHEVLIN JR., CHRISTINE M. SHEVLIN,
ANDREW C. SIMPSON, DENISE D. SIMPSON,
STEVE C. SNYDER, HEATHER K. SNYDER,
KIMBERLY A. SPELLAN and GLENDON J. SPELLAN,
Petitioners/Plaintiffs Index No. 08/11217
For a Judgment pursuant to CPLR Art. 78 & § 3001 Date Filed: 8-12-2008
- against - Assigned to:
Hon. David M. Barry
TOWN BOARD OF THE TOWN OF HAMLIN,
Respondent/Defendant.
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