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A group of Hamlin residents concerned that new town laws regulating wind towers would allow unfettered wind farms to destroy their town's rural character have won a significant victory in state Supreme Court.
The Hamlin Preservation group sued the town in August over a wind law that would allow 400-foot wind turbines to be constructed within 600 feet of property lines and public roads and within 1,200 feet of residences in areas zoned residential/ very-low density.
About 70 percent of Hamlin is zoned residential/very-low density.
The group claimed the town board ignored recommendations of its Wind Tower Committee - which included four of the 39 residents who filed the suit - to establish 1,500-foot setbacks from roads and property lines and 2,640-foot setbacks from homes.
On Jan. 5, Justice David M. Barry ruled the town violated state environmental quality laws in approving the new ordinance by not taking a "hard look" at environmental concerns related to wind towers or setting forth a "reasoned elaboration" on why the wind tower rules would not have a significant impact on the environment.
In a press release, Hamlin Preservation Group attorney Arthur J. Giacalone said his clients "are thrilled with the court's ruling." He also said any town that chooses to allow, rather than prohibit industrial wind farms "must at a minimum protect its residents health, maintain the town's rural character, and preserve property values by establishing meaningful setback requirements and noise standards."
Town Supervisor Denny Roach said he was "surprised and disappointed by the ruling" because the town modeled its regulations on "other wind tower laws enacted throughout the state, and ours were more stringent than the other regulations, including some of the toughest noise restrictions in the state."
Without wind tower regulations in place, Roach said the town is now vulnerable to developers who might want to build in Hamlin. "We're currently looking at various options for correcting our deficiency," he said.
The town could enact a moratorium on wind development while it hashes out a new law, Roach said. The town board will discuss scheduling a public hearing on such a moratorium during tonight's meeting at 7 p.m. at Town Hall, 1658 Lake Road.
MCDERMOT@DemocratandChronicle.com
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