Thursday, May 21, 2009

Orangeville Town Board urged to 'do the right thing' by Mary Kay Barton

On Thursday, May 7, the Orangeville Town Board held a public hearing on its proposed changes to their zoning laws. Over 200 people were estimated to be in attendance at the three-hour hearing.

Despite the Wyoming County Planning Board's recommendation that Orangeville address the section specific to Wind Energy Conversion Systems (WECS) in a separate law, the Orangeville Town Board chose to ignore the county's recommendation. Predictably, the hearing became entirely about the wind issue. The bulk of the complaints were against their "woefully inadequate" proposed setbacks of only 700 feet from property lines, 1,250 feet from foundations of non-participating neighbors' homes, and 600 feet from roads, while most who spoke in favor of the project were those who stand to gain or Invenergy employees.

Orangeville Supervisor Susan May, prefaced the comment period of the meeting by saying that the proposed changes to Orangeville's zoning laws were for the purpose of protecting the health, safety, and well-being of residents of the Town of Orangeville. Furthermore, their goal was to protect open spaces, preserve property values, and conserve the rural character of the town.

Peter Humphrey kicked off the comment period. He asked, "I struggle to figure out how the board answered "No" to the question, 'Will the noise created by the project surpass the town's current ambient noise levels?'"

Environmental attorney Gary Abraham, who represents Clear Skies Over Orangeville, addressed the board's proposed acceptable sound levels of 50 dBA further. Abraham said that ambient noise levels in Orangeville are approximately 25 dBA. Abraham said that according to DEC classifications, increases of 6 dBA will definitely cause problems, increases of 10 dBA cause a perceived doubling of sound, and increases of 20 dBA over current ambient noise levels are labeled as "intolerable."

Lonnie Day cited the fact that noise travels through bedrock. Mr. Day said, "Google 'sound as a weapon.' You'll find some very interesting stuff there."

Mark Geoghegan went to the podium with the intent of having his wife read his comments, as is allowed by federal law because he is dyslexic, only to have Supervisor May and Attorney DiMatteo say, "No -- not allowed!" Mrs. Geoghegan cited the fact that her husband was learning disabled and allowed this right by federal law (i.e. the American Disabilities Act of 1990). May and DiMatteo again said, "No -- not allowed!"

Mary Nevinger was refused the right to read her brother-in-law's, David Bassett's comments. Bassett has been a landowner and tax-paying citizen of Orangeville since 1974. His 38-year career in renewable energy with the U.S. Deptartment of Energy, certainly makes his comments probably more helpful and relevant to the discussion than most -- had they been allowed to be heard.

The voice of common sense on property values came from Attica representative, Stu Hemple. Mr. Hemple said Attica voted in a restrictive law banning industrial-sized WECS. Hemple said that the property value loss that will occur as a result of these projects "far exceeds years and years of no town tax." He went on to say that what they'll get is "short-term gain for long-term pain." He also stated that it's very clear why the wind industry will have nothing to do with Property Value Protection Plans.

Town of Orangeville resident, Joseph Zampogna, PhD, added to the discussion on property values. His research has shown that properties within three miles of industrial wind installations decreased by as much as 37 percent, and 8 percent were unable to sell at all. The average decline in value ranged between 20-25 percent.

Jim Nevinger asked why the town doesn't consider controlling the project themselves so they could minimize the number of turbines and impact to the town, while maximizing the benefit. "The Indians sold their land for a bunch of glass beads and trinkets. I'd hate to see Orangeville do the same," he said.

Both Steve Moultrip and Joe Delvecio cited how 700-foot setbacks from property lines would render their properties unusable for further development by their families. Mr. Delvecio stated, "It's un-American to think that one neighbor could do something on their land that would take away the rights of another!"

Nadja Llaska, a Sheldon resident now stuck surrounded by industrial-scale wind turbines, testified about the ill-effects she now suffers resulting from the constant noise and shadow flicker. Symptoms she cited included nausea, migraines, and the inability to sleep.

Harold Hopkins said he objected to 700-foot setbacks from property lines when turbine manufacturers recommend a minimum of 1,300-foot setbacks for the safety of both employees and neighbors.

Daryll Dickinson, Orangeville Planning Board member, said that the Town Board specifically changed the setbacks the Planning Board had recommended of 1,000 feet from property lines (minimum they deemed necessary for safety of residents), to 700 feet from property lines becase Invenergy directed them to so they could fit the project in.

Ed Hume said, "Yes -- I've profitted handsomely from these projects. And yes -- I'm for this project." He went on to say, as he choked back tears, "But let's not let it tear up our town."

Invenergy salesman Jay Schoenberger contended, "It's a workable ordinance." His coworker, Eric Miller, decided to attack Clear Skies Over Orangeville members by declaring that CSOO was using "scare tactics."

Invenergy attorney Daniel Spitzer's statements were both ridiculous and polarizing. Spitzer was simply displaying Big Wind's warfare tactics of "divide and conquer," when he ranted, "Do not be bullied by those who oppose democracy."

Last I knew, Democracy meant that people have every right to get engaged in the issues and voice their concerns so that the best possible solution, which will best serve and protect the greatest number of people, can be found. Democracy does not mean you can dismiss your neighbor's concerns, or discount his importance and worth to the community as being less than someone else's.

This issue is not simply about science (or in the case of industrial wind, the lack thereof!), it is also about civility -- the obligations in a civil society one neighbor has to another. It's about what's right and what's wrong. As another Orangeville citizen pleaded to the board, "Do the right thing!"

Mary Kay Barton lives at Silver Lake.

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