Wind project supporters file petition

CLAYTON — Supporters of Horse Creek Wind Farm submitted a petition to make it more difficult for the Town Council to pass a zoning law that would contain more restrictions on wind-power development.

If found to be valid, the protest petition forces a requirement for a supermajority, or four votes, to pass the amended law, as opposed to the normal majority, or three votes.

The petition includes signatures from more than 60 owners of more than 12,000 acres of property in the town.

Kevin J. Forkey, who leads support for the project, said those who are in favor of wind projects are often the "silent majority."

"The level of support is dramatic," he said. "The opposition is a small percentage that is very vocal, outspoken and well-organized. Supporters tend to be more quiet, withdrawn and not as outspoken."

Allowance for the protest petition is in Town Law Article 16, Section 265, which deals with changing zoning laws. The section has several requirements for accepting such a petition, but it states primarily that if a petition contains the signatures of the owners of 20 percent of the land affected by the proposed change, the change must be passed by a supermajority of the five-member council, or four votes.

Jefferson County told the town there are 11,095 acres of land in the town's wind overlay district, Supervisor Justin A. Taylor said in an e-mail.

The petition, submitted at the council's meeting Wednesday night, includes properties both in and outside of the district.

"We're well over the requirement," Mr. Forkey said. "We have between 60 and 75 percent of the land signed."

Mr. Taylor said Friday that the town assessor is checking the parcel numbers and acreage to validate them.

The council will have a public hearing on the revised zoning law at 6 p.m. Wednesday at the Clayton Opera House. But the members won't vote then — they'll decide when to cast a vote.

"We want to give the board the opportunity to ponder the comments from the public," Mr. Taylor said. "I would want it to be sooner rather than later."

Mr. Forkey will speak for the supporters of the project, who oppose the zoning law changes. John W. Jepma, who was a member of the town's wind committee that formulated the changes, will speak for supporters of the changes. Each will be given 20 minutes.

"I will try to make a very difficult decision for my town board into a very easy decision for my town board," Mr. Forkey said. "I hope I have convinced the board that the whole town would benefit from the project."