Butler Township revokes wind turbine permits

FOUNTAIN SPRINGS, PA.: The zoning permit issued in 2008 to a company planning to construct wind turbines in Butler Township has been revoked.

The Butler Township Zoning Hearing Board met Wednesday in the North Schuylkill Junior-Senior High School auditorium to issue its decision on an appeal by township residents to fight the permit that granted a height exception to Broad Mountain Development Co. LLC. The company hopes to construct 27 wind turbines in the Fountain Springs area on its own land and that of Girard Estates.

About 30 residents attended the meeting in addition to board members Mark Cappel, Thomas Cuff, Thomas McAndrew and Roy Green. Absent was board Chairwoman Barbara Cheddar.

At the start of the meeting, the board immediately called for an executive session, leaving the auditorium with its solicitor, Chester C. Corse Jr. When the board returned, it voted to revoke the zoning permit, with Cappel, Cuff and McAndrew voting in favor. Green abstained from voting and could not be reached for comment to explain why.

A 12-page document released after the decision stated that on Feb. 4, 2008, township zoning officer Thomas Squires issued a zoning permit after an application was received by Broad Mountain for "Erection of Wind Turbines for Electrical Generation." The permit allowed an exception to the 35-foot height limit stipulated in the township zoning ordinance.

Two appeals -- one by Butler resident Joseph Kleeman, the other by 47 individuals -- were filed with the zoning hearing board after the public learned May 11 that the permit was issued.

During two public hearings June 24 and July 15, 37 appellants were dismissed because of their failure to appear. A third appeal by Michael and Helen Anthony was dismissed because it did not meet a 30-day deadline.

The appeals challenged the issuance of the zoning permit on the basis that wind turbines are not a permitted activity or use within a Woodland Conservation zoning district and contended that the permit was improperly issued. Permitted uses within a W-C district are:

- Forest, scenic and wildlife preserves.

- Single-family detached dwellings.

- Public uses, structures or buildings owned or operated by the municipality or a municipal authority organized by the municipality.

- Sound and reasonable forestry activities and practices.

According to the document released Wednesday, Broad Mountain never applied for a conditional use or variance from the requirements of the W-C ordinance.

In its decision, the board determined that the zoning permit was improperly issued and was revoked.

The justifying the board's decision, the document cited:

- Section 701.2 does not authorize the zoning officer to issue permits for special exceptions, conditional uses or variances unless those permits have been approved by the zoning hearing board or the supervisors in the case of conditional uses.

- The construction, operation and use of the property as a wind farm is not a permitted use according to the W-C ordinance.

- Under the circumstances presented, the zoning officer did not have authority to issue a zoning permit for the operation of a wind farm within a Woodland Conservation zoning district.

When the meeting was over, the public gave a round of applause for the decision in their favor.

Attending the meeting was attorney Martin J. Cerullo of the law firm of Cerullo, Datte and Wallbillich P.C., who represents Broad Mountain. After the meeting, Cerullo said he wanted to review the decision and discuss it with his client before making a statement.

Supervisors Chairman Kevin Kowalick, an employee of The Republican-Herald, and township solicitor Christopher Riedlinger both attended the meeting and declined to comment.

"I'm thrilled about the decision," said Merri Lynn Craig, who lives in the area where the proposed wind turbines would be located. "People in the community need to stand together and support those people who are actively opposing the wind turbines, to find out all the information and come to the meetings and help us fight this fight."

"This is round one," said Thomas J. Malloy, Englewood. "They (Broad Mountain) have a tremendous amount of money invested in this already, so they're not just to watch that go down the drain. There are bigger battles to fight, so we need community support. These wind turbines are not the panacea they've been made out to be."

Attorney Anthony J. Urban, who aided in the appeal along with Brian Urban, said the decision was the right one.

"The board did a stand-up job in making their decision. They followed the law. They cut to the chase and made the right ruling. They did a good job," Urban said.