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Despite objections from attorneys for the wind turbine company and a landowner participating in the project, the zoning board voted Wednesday to rule on the request within 45 days.
Zoning board solicitor Gretchen Mundorff said under the statue, the board has 45 days to rule. She said the board hasn't looked at transcripts in nearly two years and would be remiss to not review them.
Daniel Rullo, attorney for Iberdrola Renewables of Portland, Ore., objected to the delay, saying the 45-day time frame began on May 15, the date of the last court ruling.
Rich Bower, attorney for property owner Neil Brown, said the order is "very clear" that the zoning board's decision was reversed when the ruling was made.
Since the ruling was on May 15, Rullo and Bower said 32 days have already passed.
"If you take more than 13 days, I believe it is deemed to be approved," Rullo said.
After the proceedings were adjourned, the zoning board directed county zoning chief Dave Bukovan to schedule a hearing for 10 a.m. June 29, when the board will make its ruling.
Zoning board members Jim Killinger, Janet Nelson and Mark Rafail, who denied the special exception and variance request, will take the action.
On April 30, Fayette County Judge Ralph C. Warman overturned the zoning board's decision to deny PPM Atlantic Renewables, now known as Iberdrola Renewables, a special exception for an electricity-generating wind turbine project. In his ruling, Warman said that the board abused its discretion and committed errors of law when it refused the exception.
Warman remanded the case to the board.
After motions were filed by attorneys for an objector to the project and Iberdrola, Warman issued a second ruling on May 15 ordering the zoning board to grant the request and impose any applicable conditions for the health, safety and welfare of the public, without taking any additional testimony.
Because Warman didn't specifically state whether the zoning board was to grant the approval based on the zoning ordinance at the time of the March 11, 2008, denial or the zoning ordinance now - which includes changes to height, setback and sound requirements - the beginning of Wednesday's hearing included arguments from attorneys about which ordinance requirements the zoning board should consider in granting the approval.
Attorney Gary Altman, who represents objector Thomas John Bozek III, said he didn't believe the zoning board could use the new ordinance.
"Our position is we didn't like Warman's decision," Altman said, adding that he would request the zoning board use the old ordinance in approving the request and setting conditions.
Rullo said he believes the safest bet is to use the ordinance in place at the time of the denial.
After the discussion, Mundorff agreed that the "old ordinance" would be used because it was the one in effect at the time of the denial.
Iberdrola plans to construct the South Chestnut Windpower project, which includes 24 wind turbines in the townships of Georges, Springhill and Wharton. The Wharton Township Zoning Hearing Board previously approved the three wind turbines for Wharton Township. The remaining 21 wind turbines are located in Georges and Springhill townships.
Eight of the proposed towers require setback variances.
The $100 million wind-powered, electricity-generating facility would provide enough electricity for 17,000 homes annually.
The zoning board held four hearings on the request, including Oct. 17 and 31, 2007; Dec. 19, 2007; and Jan. 30, 2008; before issuing the denial on March 11, 2008.
During the hearings, numerous people spoke in favor of and in opposition to the request. Some neighbors, including Bozek, opposed the project, expressing concern about noise and other issues. The owner of Laurel Caverns expressed concerns about bat deaths.
Iberdrola then appealed the decision, ultimately leading to Warman's reversal.
One of the sticking points was the fact that the ordinance only allowed turbines with heights of 250 feet, and the industry standard is now 262.5 feet.
The wind turbines that are being proposed are 262.5 feet, and the blades are 145 feet long, for a total height of 406 feet.
Samuel Enfield, former development director of PPM's mid-Atlantic region, previously said the project includes 31/2 miles along Chestnut Ridge on elevations between 2,400 and 2,760 feet on private property. He said the elevations in the area are the highest in the state, which makes the site a good fit for windmills.
Enfield said the decibel level would be between 35 to 55 decibels. He said at 1,500 feet, the turbines sound quiet. Changes to the ordinance allow 55 decibels at the property line. The previous ordinance level allowed 70 decibels.
Bozek, who lives on Wymps Gap Road in Springhill Township, previously said that he has recording equipment that he fears will be rendered useless if the turbines are constructed.
Valerie Thompson of Iberdrola Renewables said the intention is to break ground for the project in 2010.
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