Mike Janisch, a resident of the town of Dunkirk, has been waiting to construct a wind tower on his property for a considerable amount of time. Following the Dunkirk Town Board meeting Tuesday, it appears Janisch will have to continue to wait.
After listening to individuals' concerns during a public hearing that was held prior to their meeting, the town board voted to table a proposed local law governing the construction of small wind energy conversion systems in the town.
Because the town's moratorium on the construction of wind towers is set to expire Aug. 20, the town will hold a public hearing Aug. 10 at 6:45 p.m. to get public input on their decision to extend the moratorium another 90 days.
The 90-day extension will give the board time to re-examine the legislation they had drafted. They will vote on the extension following the Aug. 10 hearing.
During the public hearing Tuesday, Janisch voiced his concerns over the local law as it was drafted.
He questioned the town board's decision on the maximum tower height of 120 feet. While he indicated he's not looking to build a mammoth tower, he said he had intended to build a windmill that would climb about 150 feet into the air - measuring from the base of the tower to the top of the propeller.
The local law is explicit in the amount of property a resident needs to own in order to build a tower.
The legislation also details how far a wind tower must be from the road, other property lines and other structures. The town board inserted specific language in the law to protect other property owners from the possibility of a wind tower collapsing.
With nobody living near him, Janisch said, the town board should consider including some sort of variance process, when it comes to the application and enforcement of setback and height restrictions.
"If it were to fall, it would fall on my house," Janisch said of the wind tower he hopes to build. He added that he obviously doesn't expect the tower to fall.
Lisa DiFrancisco, of Erie, Pa., who said she has experience working with various municipalities on wind energy laws, shared her perspective on the law from an industry standpoint.
The town board's intention may be to promote wind energy, "but it is preventing people from being able to put up a tower with this law," she said.
Mark Rand, a town of Portland resident, has already built a windmill on his property. He went through a year-long, "onerous" process that included 4,000 pages of documentation in order to build his tower in Portland, he said.
He claimed the town of Dunkirk's proposed local law is based more on fear than it is on science.
"If you don't want them in your town, you've created the law to do that," he said.
Speaking from his experience, he explained wind tower noise is a result of them being built too low. When windmills are short, they are blasted with turbulent winds, which rattle the tower. If a wind tower is built 30 feet or so above the tree line, they operate relatively quietly, he said.
"There should be a minimum height limit rather than a maximum height," he said.
Rand invited the town board to visit his property in Portland to experience a wind tower first-hand.
"You'll hear the lake, before you hear the noise (from the tower)," he said.
James Joy, chairman of the Town of Pomfret Planning Board, encouraged the town to table the law, so they can see the legislation that Pomfret has developed.
Technology has changed since the town of Pomfret first instituted its local wind energy law, and the town planning board has been attempting to adapt its law to fit with recent scientific and technological advancements, Joy said.
Admitting that the board had "learned something" during the hearing, Town Supervisor Richard Purol agreed with the rest of the town board that the legislation should be further explored.
As a result, the board voted to table the local law and hold a public hearing to discuss the extension of the town's moratorium.
"I don't think there would be any harm in tabling it," said Councilman Robert Penharlow.
No comments:
Post a Comment