Documents filed under Zoning/Planning

Complaint filed against Dartmouth, MA Selectboard re: two permitted wind turbines

Dartmouthma_turbinelawsuit_thumb Residents of the Town of Dartmouth, Massachusetts filed this complaint against the Town's Selectboard members due to legal failures identified in the complaint involving a special permit to construct two utility-scale wind turbines. The introduction of the complaint is provided below. The full complaint can be accessed by clicking on the link(s) at the bottom of this page.
1 Feb 2010

Appeal of Maine final order, Record Hill Wind LLC

Record_hill_appeal_(part_2)_thumb This appeal was filed by the Concerned Citizens to Save Roxbury ("CCSR") in response to the August 20, 2009 final order issued by Maine's Department of Environmental Protection granting approval for Record Hill Wind LLC to construct a 22-turbine wind energy facility in Roxbury, Maine. The aggrieved parties further request a public hearing on its appeal on the grounds that credible, conflicting medical and technical information regarding the licensing criterion and it is likely that a public hearing will assist the State in understanding the evidence.
21 Sep 2009

Newell et.al. vs. Libertyville - transcript

Newell_vs_libertyville_thumb The residents of Libertyville, IL struggled since April 2009 with noise and flicker from a 120-foot, 50 kilowatt Entegrity wind turbine erected within 250-feet of residential properties. Following a civil proceeding seeking relief from the noise and other nuisances, the Court issued a compromise ruling ordering turbine operation be restricted to weekdays only during the hours of 9am to 3pm. Below is an excerpt of the court transcript explaining the law supporting the Court's ruling. The full transcript can be accessed by clicking on the link below.
24 Jul 2009

Environmentally Concerned Citizens Org. comments to Clayton NY Wind Law Committee

Ecco_comments_5-29-09_thumb This letter was prepared in response to the March 13, 2009 recommendations of the Clayton Wind Law Committee, a committee established by the Town Board. The comments contained are limited to the town’s consideration of limits on the development of utility-scale, industrial wind turbines, especially as part of a multi-turbine wind farm. NY Attorney Gary Abraham submitted the letter on behalf of Environmentally Concerned Citizens Organization (ECCO).
29 May 2009

Coos County Wind proposal: Letters exchanged between County treasurer and NH Attorney General

Frederick_king_letter_to_kelly_ayotte_thumb In this exchange of letters between Coos County treasurer, Fred King, and NH Attorney General Kelly Ayotte, King accuses the AG's office of bias in its representation of the public during proceedings before the NH Site Evaluation Committee (SEC). Noble Environmental Power, operating under the name Granite Reliable Power LLC, is seeking to construct and operate a 99MW wind energy facility proposed for the County.
15 Apr 2009

Dekalb County Hearing Officer's findings of fact

Dekalbcountywind_farm_findings_thumb In a public hearing session held on March 21, 2009 lasting from 9:00am Saturday to 3:40am Sunday, the hearing officer for Dekalb County heard extensive testimony for and against a proposal by FPL Energy to erect 133 turbines in the county. In a 14-page document filed with the county, the hearing officer recommended that the Special Use Permit be denied and listed eight reasons. The full document can be accessed by clicking on the links below.
26 Mar 2009

Objection to Deepwater Wind meteorological tower proposal - Block Island

Hagopian_letter_thumb This letter was submitted to the Town of New Shoreham on Block Island prior to the Town granting permission for Deepwater Wind to erect a met tower on town land under the Special Temporary Provisions (Section 112) of the Town's zoning. Under Section 112, permits may be granted only for a use or purpose that cannot be accomplished by compliance with provisions of the ordinance. Attorney Hagopian argues that Deepwater's proposal does not meet the "exigent circumstance requirements" including risks to public health and safety or any other emergency or urgent necessity that warrants invoking this provision.
27 Feb 2009

Motion to dismiss filed with Dekalb County

Portermotiontodismiss_thumb The 'Citizens for Open Government' through its Attorney Richard Porter filed this motion to dismiss the special use permit application and the public hearing in the matter of FPL Energy Illinois Wind LLC. FPL Energy is seeikng a permit to erect up to 151 industrial scale wind turbines in an area currently zoned A-1, agricultural District. Attorney Richard Porter argues that the application is incomplete and the use not permitted according to current laws in the County. Attorney Porter's detailed arguments can accessed by clicking on the link below. The County took no action on this motion.
16 Feb 2009

Decision: HAMLIN PRESERVATION GROUP vs. TOWN BOARD OF THE TOWN OF HAMLIN

Hpg_v_hamlin_town_board_decision_01-05-09_thumb In his decision, dated January 5, 2009, NY Supreme Court Justice David Michael Barry found that the Town of Hamlin's town board failed to follow New York state law in adopting Local Wind Law 3-2008. The intent of Local Wind Law 3-2008 is to govern placement of industrial wind turbines within the town. The full text of Judge Barry's decision can be downloaded by clicking on the link at the bottom of this page. The suit was filed by the Hamlin Preservation Group.
5 Jan 2009

The 'how to' guide to criteria for siting wind turbines to prevent health risks from sound

08-11-02_kamperman-james_ver__2.1_(windaction)_noise_criteria_for_siting_wind_turbines__thumb Community noise experts George W. Kamperman and Richard R. James provide guidelines for siting industrial wind turbines with a focus on preventing health risks due to sound emissions from the turbines. This document offers important background information that should be read by all those involved in the siting and approving of wind energy facilities. The introduction to the paper is included below. The full document can be accessed by clicking on the link at the bottom of the page.
28 Oct 2008

http://www.windaction.org/posts?p=3&topic=Zoning%2FPlanning&type=Document
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