Article

Zoning board sued over tower plan

A Colebrook man is suing the town’s Planning and Zoning Commission over a temporary 180-foot meteorological tower built near his home. Stephen King said the tower was approved by the commission without following its own zoning regulations, which do not allow for commercial developments in residential zones without a special permit.

COLEBROOK — A Colebrook man is suing the town’s Planning and Zoning Commission over a temporary 180-foot meteorological tower built near his home.

Stephen King, 17 Flagg Hill Road, said the tower was approved by the commission without following its own zoning regulations, which do not allow for commercial developments in residential zones without a special permit. In addition, King said no public hearing had been held.

Also named in King’s suit are the town’s Zoning Board of Appeals and the zoning enforcement officer.

“The town issued a permit contrary to the zoning regulations,” King said of the tower, which sits on a two acre site on Route 44.

The tower was built by Waterbury-based BNE Energy, to test the feasibility of building a wind farm on the site, including wind speed.

Should BNE Energy decide to build a wind farm, the authority of approving such a project would pass to the Connecticut Siting Council in New Britain, outside of local zoning laws, Planning and Zoning Commission Chairman John Garrels said.

“The siting council has the ultimate decision,” Garrels said.

Garrels said the council has a history of “listening to public comments” and that the... more [truncated due to possible copyright]  

COLEBROOK — A Colebrook man is suing the town’s Planning and Zoning Commission over a temporary 180-foot meteorological tower built near his home.

Stephen King, 17 Flagg Hill Road, said the tower was approved by the commission without following its own zoning regulations, which do not allow for commercial developments in residential zones without a special permit. In addition, King said no public hearing had been held.

Also named in King’s suit are the town’s Zoning Board of Appeals and the zoning enforcement officer.

“The town issued a permit contrary to the zoning regulations,” King said of the tower, which sits on a two acre site on Route 44.

The tower was built by Waterbury-based BNE Energy, to test the feasibility of building a wind farm on the site, including wind speed.

Should BNE Energy decide to build a wind farm, the authority of approving such a project would pass to the Connecticut Siting Council in New Britain, outside of local zoning laws, Planning and Zoning Commission Chairman John Garrels said.

“The siting council has the ultimate decision,” Garrels said.

Garrels said the council has a history of “listening to public comments” and that the commission would weigh-in on the wind farm project at a future date but has no opinion at the moment.

The suit is scheduled to go to Litchfield Superior Court in August. Representatives from BNE Energy could not be reached for comment Tuesday.


Source: http://www.registercitizen....

MAY 28 2009
http://www.windaction.org/posts/20443-zoning-board-sued-over-tower-plan
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