With appeal, resident keeps wind fight alive
Jackson Township resident Frank M. Piccolella Sr. said he still believes he can win the war against a wind farm proposed in northern Lycoming County.
“There’s still plenty of time to stop this thing,” Piccolella said Wednesday. “It’s not over yet.”
Piccolella filed an appeal Friday in county court asking it to overturn a decision by the county Zoning Hearing Board that cleared the way for Vermont-based Laurel Hill Wind Energy LLC to build up to 35 electricity-generating wind turbines on the Laurel Hill ridge in Jackson and McIntyre townships.
On July 23, the board denied an appeal by Piccolella and several of his neighbors challenging a zoning permit issued to the company. During that same hearing, Jackson Township resident Arthur Plaxton challenged the legality of the ordinance allowing wind energy development in a resource protection zoning district. That, too, was denied by the board.
In the most recent appeal, Piccolella alleges the board violated procedures outlined in the municipal planning code by not allowing him to present evidence or cross examine witnesses during the hearing.
The appeal also said board solicitor Karl K. Baldys promised that written evidence presented by Piccolella would be reviewed by the board prior to its decision, but that never happened.
“The decision of the board was in error because only a small fraction of my oral presentation was allowed to be given, and with many interruptions, and our agreement to allow the (board) to recess to read my written testimony was not fulfilled,” he said.
Plaxton said he plans to appeal the board’s ruling, as well.
Baldys did not return calls seeking comment about the appeal.
On Aug. 14, the Lycoming County Planning Commission approved preliminary land development plans that will allow the wind energy company to build access and maintenance roads and do site preparation.
By David Thompson
28 August 2008
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