Galloo lines focus of suit

Henderson's legal arguments in opposition to the Galloo Island Wind Farm, which focus primarily on the project's transmission lines, will be rendered moot if the line location shifts.

Henderson filed state Supreme Court action in February asking a judge to annul the town of Hounsfield Planning Board's site plan approval for the proposed Galloo Island Wind Farm. The action also named the project's developer, Upstate NY Power Corp., Seneca, and the state Department of Environmental Conservation.

Henderson claimed, among other things, that DEC, as lead agency on the project under the state Environmental Quality Review Act, failed to take the requisite "hard look" at numerous environmental concerns covered by the act.

When Henderson filed the action, the preferred route for the transmission lines hit landfall in Henderson and ran south through the town, then through Ellisburg, Sandy Creek and Pulaski to a National Grid line in Mexico.

Since then, however, the focus of the route has shifted in a different direction, to landfall in Hounsfield and along Route 12F to an electric substation on Outer Coffeen Street.

In oral arguments Thursday, Henderson's attorney, Wendy A. Marsh, Syracuse, told Judge Joseph D. McGuire that the town contends that DEC "improperly segmented" the transmission lines from the wind turbines during the SEQR process. DEC attorney Morgan A. Costello, Albany, countered that the transmission lines are the domain of the state Public Service Commission and that the lines are not part of any SEQR review.

Ms. Marsh said the commission had sent a letter to the Hounsfield Planning Board in January 2008 informing it that the commission expected DEC to consider the environmental impact of the lines, but Ms. Costello maintains that Ms. Marsh misinterpreted the written comments. She said DEC did consider the "cumulative impact" of the lines and the turbine project, but did not deem that a full environmental review of the lines was necessary.

There are 71/2 miles of transmission lines proposed to traverse Henderson from the Galloo Island project if that route is chosen.

The Henderson Town Council also opposes the wind energy project for aesthetic reasons, claiming the turbines will affect the Lake Ontario viewshed, which could negatively affect tourism and property values in the town.

Ms. Costello said the town lacks the legal authority to bring the action on behalf of its residents and cannot spend municipal funds on such an action. She said that town residents could raise legal issues over such things as the noise produced by the turbines, but that the town lacks standing to do so.

Ms. Costello and Hounsfield's attorney, Dennis G. Whelpley, also maintain that minutes of Henderson's town board meetings do not show where the board ever approved starting litigation in the matter.

Ms. Marsh said Henderson Supervisor Raymond A. Walker has provided an affidavit to the court saying the vote was made during the board's January meeting, but Mr. Whelpley countered that no effort has been made to correct the omission in the board's meeting minutes. He said Mr. Walker made the motion at the board's February meeting to approve the January meeting minutes, but no mention was made that the vote to start litigation was missing.

Judge McGuire reserved decision on the matter.

Robert W. Burgdorf, an attorney for Upstate NY Power, said earlier this month that litigation already has contributed to a year's delay in starting construction on the Galloo Island project.