County judge reverses wind-turbine decision

A Fayette County judge has ruled in favor of an Oregon-based company that accused the county zoning hearing board of bias when it denied the company's permit for a special exception for 24 wind-powered turbines in Georges and Springhill townships.

In the ruling handed down Thursday, Judge Ralph Warman reversed the hearing board's denial of a special exception for Iberdrola Renewables, formerly known as PPM Atlantic Renewable. Warman found that the zoning board "abused its discretion and committed errors of law" when it issued the denial.

Warman ordered the zoning board to reconsider Iberdrola's request.

"Since the ZHB has exclusive jurisdiction to hear and render final adjudications in applications for variances and upon consideration that the ZHB has failed to do so in this case, we remand this action back to the ZHB for further proceedings consistent with this opinion," Warman wrote.

"The ZHB shall consider and grant each special exception as required by law and may impose whatever conditions they deem fit to protect the health, safety and general welfare of the community."

Iberdrola wants to use the wind turbines to produce electricity for its South Chestnut Ridge Windpower Project. Iberdrola contended the special exception should have been approved because the company met all of the county's conditions for windmills on land zoned for agricultural use, except for minimal height and setback variations that were in effect at the time.

Iberdrola's attorney, Dan Rullo of Somerset, said he is satisfied with Warman's ruling. He declined additional comment because he has not yet seen the opinion.

Gary Verkleeren, senior business developer for Iberdrola, said the ruling confirms assertions the company has made all along. He said he believes it will allow the project to move forward.

"We're optimistic we can advance the project," Verkleeren said. "Ultimately, this project will be very beneficial to the county, and to the state."

Verkleeren said the project will create at least 100 temporary construction jobs, followed by four to five permanent positions with Iberdrola. In addition, he said the wind turbines could draw national attention to the county because of the recent emphasis on wind power as a renewable energy source.

"Most people realize the benefits of the project," Verkleeren said. "I think it's a win for everybody."

In a 33-page ruling, Warman said the zoning board should not have based its decision on residents' unsubstantiated objections, including concerns the turbines would destroy Chestnut Ridge's scenic view, negatively impact tourism, and kill bats and birds.

"Clearly, the objectors' testimony regarding the adverse impact to the viewshed and tourism amounts to nothing more than mere speculation," Warman wrote. "The objectors seem to assume that just because the turbines would be added to the Chestnut Ridge viewshed that this would cause a negative impact. The objectors presented no expert testimony to support their position and they admit there is no way to predict if people will stop coming to the area due to the turbines."

Warman said another reason the board gave for the denial -- that it would create no hardships to the company other than loss of profits --- was also erroneous. Warman said that the board failed to consider other testimony that indicated the variances were needed for operational purposes.

"It appears that the ZHB determined that the hardship was financial in nature and stopped its analysis there," Warman wrote. "Clearly, the reason for seeking the variances is more involved than simply loss of profits."

Gretchen Mundorff, attorney for the zoning hearing board, and Jim Killinger, board chairman, did not return phone calls seeking comment.