HANCOCK -- Consultants working for Silverleaf Resorts said Wednesday that the $46 million Berkshire Wind Project in construction on top of Brodie Mountain threatens the potential for their $62 million time-share condominium project in development at the base of the mountain.
Silverleaf is calling on Berkshire Wind to relocate three of its 10 turbines that are within 150 feet of the Snowy Owl Resort condo project's property line, said Chris Hodgkins, a consultant for Silverleaf and a former state representative for southern Berkshire County.

Silverleaf was successful in getting the Massachusetts Land Court to halt construction of the wind project on Oct. 7. The court issued an injunction against using the access road to the construction site. The injunction prevents the project from being completed before Silverleaf Resorts' suit is resolved. In its lawsuit, Silverleaf contends that a special permit for part of the access road in Lanesborough had expired before the work started.

Has ‘not been forthcoming'

Hodgkins said Silverleaf has been trying to negotiate with Berkshire Wind to relocate the three turbines, but that Berkshire Wind has "not been forthcoming."

According to a statement released by Tyler Fairbank, spokesperson for Berkshire Wind LLC and president of EOS Ventures, a local renewable energy development firm, "Berkshire Wind officials remain in settlement discussions with Silverleaf. The details of those discussions are confidential and it is inappropriate for anyone to discuss those confidential negotiations publicly."
A source familiar with the situation, who wished to remain unnamed because they are not authorized to make public statements, said that if the three turbines were relocated, Silverleaf's lawsuit would be dropped.

An expensive interruption

"There are substantial costs associated with this delay," Fairbank said, "including the loss of payments in lieu of taxes for the towns of Hancock and Lanesborough that would commence with project operation."

The amount of the payments in lieu of taxes are still under discussion, he said.

As a result of the injunction, Fairbank said Berkshire Wind decided to preserve and protect its assets by suspending construction of the project "hopefully for just the winter months."

Berkshire Wind "is resolved to complete construction after legal hurdles are overcome," Fairbank said. "Essentially, the project is back to its original schedule, and Berkshire Wind hopes to resolve outstanding issues and have the project operating by mid-2010."

Construction of the turbines was expected to be completed in January, and by next spring to start generating enough power for 6,000 homes. The Massachusetts Municipal Wholesale Electric Co. owns the electricity distribution rights the wind turbines would generate.

To date, two of the 10, 1.5-megawatt turbines have been completed, five more are under construction, and three sites are ready for the rest. The turbines rise about 385 feet above the ridge line.

Based in Dallas, Silverleaf Resorts intends to build a 324-unit condominium project on the 1,080 acres of land it has acquired around Brodie Mountain.

According to information provided by Kathy Thomas, another consultant working for Silverleaf, the condo project would generate $382,000 in yearly tax revenue for New Ashford and roughly $30 million in annual spending by visitors to the resort once it is completed.

At some point, Silverleaf would consider rehabilitating the chairlifts and ski trails that once made up the Brodie Mountain ski area to enhance the experiences of their guests, Thomas said. But use of some of those trails, and other recreational uses such as hiking near the closest turbines, would not be possible because of safety concerns.

They are also concerned the visual impact will have on their ability to sell time shares, she added.

"We believe people come out to purchase quality vacation venues and they don't want to see industrialized mechanics," Hodgkins said. "It is our opinion that it will de-value the property and have a detrimental affect on sales."

He added that there is a safety issue. The potential for ice-throws -- in which ice could build up on the turbine blades and then fly off with the potential of hitting someone on the ground -- could prevent recreational land uses such as skiing or hiking.

Hodgkins said blades from one of the turbines is within 60 linear feet of one of the former ski area's chairlifts.

Because of the wind project, the condo project is on hold, he said. If the wind project is allowed to continue unchanged, "we'll have to evaluate what we're going to do, but the likelihood that it would be completed would be very much diminished."

According to Betsy Strickler, marketing director at Jiminy Peak, condominium sales, hotel room bookings and skier visits have all increased since the erection of a 1.5-megawatt wind turbine on the resort's slopes in 2007.

The turbine's popularity has been unmistakable, she said, and ice-throws have never been an issue for them.