Jefferson Residents Speak Against Amended Wind Law

By Liz Page

JEFFERSON – The Jefferson Town Hall was filled last Thursday as a public hearing on proposed changes to the town's 2010 Wind Energy Facilities Law was opened and will remain open to allow the town time to study the law and its proposed changes. One resident also expressed interest in purchasing the post office building and Jefferson Central School Superintendent Tarkan Ceng presented the proposed school budget.

Two people asked for the privilege of the floor and spoke against the Wind Facilities Law and its changes. The first speaker was Ted Werner. Although he is a member of the Schoharie County Planning Board, he told the audience he was there as a private resident of the town of Fulton and not as a member of the planning board. He referred to the town's Comprehensive Plan and said there are 18 things that conflict with what residents and voters said they want in the plan. He referred to the survey and "where people's thoughts are". He believes those thoughts do not include commercial-grade wind facilities, which, he said, is what a good portion of the wind law deals with. He said the 750-foot high wind towers can be seen from far away. "You can see them from everywhere. There was never any reason, until now, to see what's outside the boundaries of our town. We must sit down and discuss. They look fine off the coast of New Jersey, but not here."

The other issue is the enforcement of violations. There would be no recourse except to take them to court and "they will dump all over you, " said Werner.

Planning board member Bob Glas reminded the audience there is an existing Wind Facilities Law and he suggested that if townspeople are dead set against it, they would need to rescind the existing law. 

The town has issued two six-month moratoriums to allow for changes to the existing law.

Resident Bill Parker was one of the last to speak on theWind Law, saying he was on the town planning board when the original law was adopted. He is concerned about the real property tax law, which grants them a tax exemption unless the municipality opts out. He is concerned that if a company gets its foot in the door, it could be transferred to a large-scale project developer, which would leave the town vulnerable. He recommended rescinding the law.

Blenheim Supervisor Don Airey also asked for the privilege of the floor. He described it as a controversy that pits neighbor against neighbor and friend against friend. He said 16 of the county's supervisors have presented a constitutional challenge to the compensation for the costs of the project. He said the town will be putting itself in is exponential. He pointed to setbacks that restrict what others can do with their own property. "It should reach across property lines," he said. 

He said the commercial wind turbines are out of scale, and industrial use produces a lot of noise. "I am going to hear them and feel them (on Westkill Road). He said solar does not touch anyone else's property, while wind turbines have an impact on everyone in the area. The decommissioning is the highest risk of a NY renewable energy project. Twenty-five years from now, the cost of getting rid of the towers could "break your town". He considers it unfair and risky.

He asked that the town open the public hearing and leave it open for a while.

The Schoharie County Planning Commission recommended disapproval, citing, " it is nonconformant with the town's Comprehensive Plan; concerns regarding setbacks from building not property lines; lack of maximum turbine height; lace of maximum number of turbines; concerns with definition of turbine height; the potential for shadow flicker/strobing; lighting and road preservation issues; difficulty enforcing the  noise; concerns over eagle/bird strikes; and concerns regarding property values surrounding industrial development."

The town can override the planning commission with an extraordinary vote of a majority plus one vote. if the town overrules the county it must provide an explanation of why they are overruling it within 30 days.

Supervisor Peggy Hait said the plan was to hear comments, with no question and answer session, each person was allowed three minutes to speak. She said the hearing will be left open for the next few months to allow the town time to study the law and its changes.

Alan Hacklin, who owns a farm on Westkill Road, was the first to speak against the wind towers. He said he is located down the hill from property owned by the Bucks and Danforths where the wind measurement tower is located. He said more discussion is needed.

Callan Little lives on North Road, across from the wind measurement tower. She said she was never notified it was being put up on the neighbor's property as required. "An industrial wind project would affect the fabric of all of our lives." She said she has invested a lot of money in her home where she plans to live and raise a family. She believes industrial wind turbines will discourage families like her. She appealed to the town board to leave the hearing open and to make an informed decision.

Martha Hacklin also spoke about family and that she is renovating a building on Main Street. She believes the law opens the door to commercial and industrial wind developments, not for the benefit of the people in Jefferson, but to the benefit of outside companies.

She said Borrego, the company mentioned as a possible developer, has a terrible track record.

She said the Governor has overridden the right to home rule and the law is "a developer's dream. We need to slow down and consider every angle." She went on to say the turbines only need to be 10 percent efficient. She concluded by saying the town needs to have strict regulations that protect the town and the guidelines need to match the size of the turbine. She also pointed to destruction of town infrastructure from the large equipment needed to erect the turbines. She said there are also discrepancies in the setbacks.

Jim Cricky, of Westkill Road, said he believes it goes against the town's Comprehensive Plan. There are standards for one turbine, but nothing for wind turbines in groups. He said there is never just one wind tower and he believes there are more appropriate places for them. Plus, he said, there is a bald eagle nesting nearby.

Renee Grabowski is also against the law and distributed a handout to the board. She said many sections of the law do not support projects like this in the town of Jefferson. It will have a negative effect on property values and they will be seen by residents well beyond the town of Jefferson.

She also does not like the review process of 120 days. If the town should miss the deadline the project would be approved automatically. "Do not vote and pass this law," she concluded.

Ben Buck, a resident of North Road, said that if he did not like the idea of the wind towers, he could look the other way. He just recently built a new house on North Road. In places where he has seen the towers, he said they appear "majestic". He said he would rather see the wind turbines than fields of solar panels. He then referred to the earlier questions for the school superintendent as he was presenting the budget and the declining enrollment at JCS. He said if the town did not approve green energy projects it would stagnate and enrollments would further decline.