Hammond Board Adopts Wind Law

LAME-DUCK ACT: Board members who voted for ordinance lost in fall election

By MATT MCALLISTER
JOHNSON NEWSPAPERS
TUESDAY, DECEMBER 8, 2009

HAMMOND — The Hammond Town Council adopted a local wind ordinance Monday night, just weeks before some members who supported the measure are set to leave office.

Town Supervisor Janie G. Hollister joined councilmen Ronald E. Tulley II and James E. Langtry in voting during a special meeting to enact a new "Wind Energy Facilities" law. Setbacks and other provisions in the new law are considered favorable to wind projects.

Mrs. Hollister, Mr. Tulley and Mr. Stewart will leave the board at the end of the month. All three were defeated at the polls in November by candidates who promised to take a more critical look at wind development.

Incoming Supervisor Ronald W. Bertram and council members Douglas E. Delosh and James R. Tague will take office Jan. 1. When asked after Monday's meeting what the development will mean for the new board, Dr. Tague offered four words: "A lot of work.

Local Law No. 1 of 2009 was approved 3-0. Councilmen and wind company lease holders James C. Pitcher and Russell Stewart recused themselves from the vote.

The newly adopted wind law puts setback distances at the greater of 11/2 times the total tower height or 500 feet from the nearest site boundary property line, public road or edge of the Wind Overlay District. The setback requirement for towers near off-site residences that exist at the time of application is set at the greater of 21/2 times the total tower height or 1,500 feet.

The adoption of the new wind law comes almost a year after the town board rescinded a previous version of the law after special counsel Joseph W. Russell recommended the board conduct a state Environmental Quality Review Assessment. A grass-roots citizens group, Concerned Residents of Hammond, also brought a lawsuit against the town board over the law.

Before adopting the law Monday, the town board conducted what it called a SEQRA review in open session. Mrs. Hollister said that since the action being made by the board — adopting the law — itself had no physical impacts on the land involved, a declaration that the law will have no negative impact on the environment should be determined.

"This is a local law, not a project," she said. "It is being adopted to regulate the process."

The board subsequently agreed with Mrs. Hollister to answer "not applicable" to nearly every question on the SEQRA review.

After adopting its new wind law, the town board also unanimously adopted Local Law No. 2 of 2009, which amends the Hammond Site Plan and Subdivision Review Law to exempt wind energy facilities from review. Instead, wind energy facilities will now be governed only by Local Law No. 1.

The Hammond Town Board will hold its final regularly scheduled meeting of the year at 7:30 p.m. Monday.