Officials at odds over wind law plans

TOWN OF LYME: Two asked to recuse selves over alleged conflicts of interest; setbacks back on the table

CHAUMONT — Two town officials have exchanged words on how the proposed Lyme law for wind turbine zoning should be revised and who should be involved.

Albert H. Bowers III, Planning Board member, wants Supervisor Scott G. Aubertine and Councilman Donald R. Bourquin to recuse themselves from the revision process. Mr. Aubertine has refused. Mr. Bourquin was unavailable Monday.

"By his behavior and assertions he has created an impression on the part of most people in the town that he is definitely in favor of the wind companies," Mr. Bowers said of Mr. Aubertine. "He is acting as if he has a conflict."

Mr. Aubertine said, "I don't see any reason why I should recuse myself. I'm not representing them and I do not have a financial interest in them."

Under reports from BP Alternative Energy and Acciona Wind Energy USA LLC, Mr. Bourquin has two brothers who have easements or leases with the two developers. But he said Monday that one brother's property has gone to his niece and the other brother's lease is just for a transmission line.

"Neither brother has valid contracts with developers for wind turbines," he said. "I don't own land, or have a contract myself."

He doesn't see a reason for recusing himself and legal counsel has agreed with him, he said.

"Anything about a discussion on zoning law concerns the whole town, not just them," Mr. Bourquin said.

A law passed May 7, 2008, was knocked down by state Supreme and Appellate courts. The courts upheld a protest petition, signed by owners of more than 20 percent of the land in the town who thought the town zoning law had "excessive" setback requirements that stifled development of wind power.

Under the original proposal, the turbines could be placed 4,500 feet from Lake Ontario, the Chaumont River, the village of Chaumont and the hamlet of Three Mile Bay.

Mr. Aubertine has floated again a compromise position that would lessen the setbacks from the village's limits to 3,000 feet and from seasonal roads to 600 feet. For other locations, such as along Route 12E from Chaumont to County Route 57, he proposes lengthening the setback to 2,500 feet.

In responding to a letter from Mr. Bowers, Mr. Aubertine cited a 2007 town survey that found 52 percent of residents supported wind power development in the town. Using that basis, Mr. Aubertine sought to reconcile the proposal from the Planning Board and suggestions from BP.

But Mr. Bowers said the town should not compromise with the developer or a portion of its population on a law that is supported by a majority of the residents.

"You can't compromise the opinion of a whole group with any portion of the group," he said.

The 2007 survey had a majority of residents call for setbacks of "not near" the waterfront or village of Chaumont or hamlet of Three Mile Bay. The 56 and 58 percent of people who chose that answer selected it after the options of 1,500, 3,000 and 4,500 feet were given.

Those two questions have caused considerable controversy in Lyme, with wind supporters saying they were confusing.

Mr. Bowers said a review of the comments attached by those respondents showed that 90 percent of them said they didn't want the turbines less than 4,500 feet away, which supported the setbacks written in the proposed law.

The Town Council will discuss the method for reviewing the law during its regular meeting at 6:30 p.m. April 14 at the town offices, 12175 Route 12E, Chaumont.

Mr. Aubertine said the council, Planning Board or a citizen's committee could be directed to work on changes.

"I will probably see what the town board would like to do with it," he said. "Now we have two board members who were Planning Board members and we all sat in on the work sessions two years ago, so we're probably the most qualified to sit down and go through the law again."

A second survey may also be discussed.

Mr. Bowers, who is also an organizer for the Coalition for the Preservation of the Golden Crescent and Thousand Islands Region, said the Planning Board is the proper place for the discussion.

"The Planning Board constructed the law in the first place," he said. "We have people on the Planning Board with great knowledge of wind power development."