Lyme council to appeal ruling against wind law

At its meeting Wednesday night, the Town Council decided to appeal a judge's ruling that knocked down its wind energy facility law.

After an executive session that lasted nearly an hour, the council voted 5-0 to appeal state Supreme Court Judge Hugh A. Gilbert's Aug. 21 decision to side with 10 property owners who said that the council acted "arbitrarily and capriciously" when it rejected a petition protesting the adoption of a local law regulating the siting of wind turbines.

Members of Voters for Wind vowed to fight the town in the judicial appeals.

"We will carry on," Dawn M. Munk said. "We're very disappointed. Not surprised, but disappointed."

Property owners submitted a protest petition against the proposed zoning law amendment to the council April 17, but the town concluded it was invalid because not all of the property owners of the parcels had signed the petition. For example, if a husband signed the petition but not his wife, when both are listed on the tax roll, the husband's signature would be invalid.

"There's a principle there we're trying to establish," town Supervisor Scott G. Aubertine said. "It's common sense that it should take a husband and a wife to make decisions like that."

He said that other areas of town government require all landowners' signatures and that it may hurt the town's effectiveness to change the requirement.

While a local law dealing with zoning changes can be adopted by a majority vote of the board, once a protest petition is filed, a three-fourths majority vote is required to pass it.

The council passed its law regarding turbine siting on a 3-2 vote.

On Wednesday, the council also passed 5-0 a motion to hold a public hearing on establishing a six-month moratorium on wind energy facilities in the town. It will be held at 6 p.m. Sept. 30.

About 80 members of the public attended the council meeting, many speaking out on wind development in the town.

Peter J. Rogers, Three Mile Point, asked that the council complete conflict-of-interest questionnaires on the matter, similar to Cape Vincent, except sworn and notarized.

"It seems a prudent and good move," he said.

He and about six others supported a year-long moratorium. A handful opposed a moratorium of any length.

Julia E. Gosier, a Voters for Wind member, said, "If you suggest a moratorium on wind development, then I want a moratorium on waterfront construction of any kind until the state does a study of the effects of development on waterfowl and the water."

Mr. Aubertine said he hoped the moratorium and appeal would buy the town time as it considers other options.

"There is the possibility that we could put together a committee of folks to sit down and see if we can find a compromise."