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May 21, 2009

Beekmantown wind project clears Zoning Board

By LUCAS BLAISE

BEEKMANTOWN — The conditional-use permit allowing a 13-turbine wind development here surmounted its latest obstacle Wednesday night.

The permit, granted by Beekmantown Zoning Board of Appeals to Windhorse Power, LLC, has been an object of controversy and litigation since it was first issued on Jan. 31, 2007.

UNANIMOUS
The project was taken over by Penn Energy Trust, LLC, which had to prove it had taken "overt action" on the plan in order to keep the use permit.

That was the only focus of meetings held last Friday and Wednesday night.

"An overt action was taken in the required time frame of 180 days," Zoning Board Chairperson Janice Marchut Conrad said. "We took ours tonight, I guess."

Zoning Board members Patrick Sullivan, Dr. Jerome Davis, Colleen Monty and Karen Billings followed Conrad in voting to uphold the permit, making it a unanimous decision.

COURT ACTION
A legal challenge came twice over the years from the West Beekmantown Neighborhood Association. The nonprofit group has been vocal in opposition to the project, saying it violates town zoning laws.

The Zoning Board decided that Penn demonstrated an overt action by defending itself against the Neighborhood Association.

"The determination by the Zoning Board was upheld by a superior-court judge and subsequently upheld by an appellate court of five judges," Marchut Conrad noted.

LAND PURCHASES
The board also noted that Penn had purchased land that, during the appeal process, it had options to own.

"Now, approximately 702 acres is owned by Penn and another 264 approximately is under easement," Marchut Conrad said.

UTILITY AGREEMENT
Penn's negotiations to secure an interconnection agreement with a power utility proved the most important in the Zoning Board's decision to uphold the permit.

"Nothing happens if that's not in place," Marchut Conrad said. "And (Penn) gave clear evidence that they began October 2005 and they are now in status 10 in the queue of New York Independent Systems Operator. These are things beyond somebody's control."

The interconnection process has 14 status levels.

Penn has to negotiate an agreement with New York State Electric and Gas and the Independent System Operators before it can move on to status 11, which is a completed interconnection agreement.

"This is absolutely pivotal in that they cannot move forward without that," Marchut Conrad said.

TOWN ACTION
The Beekmantown Town Council had decided, at their March meeting, to nullify the project. Only Town Supervisor Dennis Relation and Councilman Rufus "Joe" Deyo voted against that move.

Councilors Sydney Sue Garrant, Samuel Dyer and Sharron Garden voted that Penn's were subject to the new town law regulating wind turbines, which passed in 2008.

Because the 13-turbine project was considered industrial scale, it would be illegal in the town, they said.

The decision would have canceled the Windhorse project. But Penn Energy argued that its project was grandfathered in.

"Tip of the hat to Dennis Relation for his knowledge of town governmental process," Sullivan said. "And to his sensitivity to the due process for the taxpayers. This is a Zoning Board issue and some people on the town board are trying to take it out of the hands of the Zoning Board."

The Windhorse project was expressly left out of the law banning industrial wind turbines, including the numerous moratoriums that halted construction, because it was already before the Zoning Board at the time.

"I can only say this, from the day that it began to the day it ended, I only did my very best to uphold the zoning law in place at the time the application came to us," Marchut Conrad said.

Regardless of personal opinion, following the law was the Zoning Board's aim, then and now, she said.

"If (public servants) are doing the job that they are supposed to be doing, they make every effort to put their personal hat away and put their business hat on."

MOVING AHEAD
With continued legal approval, Penn expects to make more progress.

"Now we're going to move forward, continue negotiations for the interconnection," said Kirt Mayland, conservation attorney for Penn Energy.

"We'll have to wait and see if there is any further litigation, but we hope not. We're obviously very happy."

West Beekmantown Neighborhood Association spokeswoman Barbara Peacock said the group has no comment at this time.

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