Town mulls lawsuit against wind farm developer
The Cohocton Town Board has hired an Albany law firm to possibly sue an energy company for allegedly violating agreements while it fixes some of its broken wind turbines.
The town is considering legal action against First Wind, which is in the process of repairing several of the 50 wind turbines it erected along the hilltops in the town. The board hired Whiteman, Osterman and Hanna to begin a legal investigation.
The town claims the work has violated agreements with the company regulating heavy truck traffic and the use of around-the-clock lights at the turbine sites. The town claims it should have been notified of the work, but was not.
Town Supervisor Jack Zigenfus announced at Monday night’s town board meeting major work is being performed on the 50-turbine wind-powered electricity generation project on Pine, Lent and Dutch hills.
“It’s my belief every blade has to come off,” he said. “It requires another round of construction and heavy traffic.”
Some of the problems come from cracking or the potential of cracking on the turbines where the blades attach.
Code Enforcement Officer Joseph Bob said he believes 17 of the turbines were shut down because of the problems, and some of the gearbox problems might have been a cause for some of the noise complaints lodged with the town and First Wind.
Resident Jim Hall, a petitioner in three Article 78 lawsuits against the town and developer to halt the project, said his vehicles have been damaged from the poor road
conditions caused by construction traffic on Moore Road.
Other residents at the meeting complained of late-night truck traffic and lights on at the sites around the clock, which Zigenfus said is a violation of agreements made before construction began.
In response, the town board imposed 4-ton weight limits on town roads, including Lent Hill Road, Pine Hill Road and Dutch Hill Road – the main routes to the turbine locations.
“This is the beginning of our ability to control it,” Zigenfus said, adding Cohocton police, as well as Steuben County Sheriff ’s deputies and state police, will be asked to patrol for violators.
“We will be paying for that,” Zigenfus said, adding if the town spends $10,000 in legal fees to get $200,000 for road rehabilitation, the town will have saved plenty of money in the process.
John Lamontagne, director of communications for First Wind, said he will look into the reports and respond when he has answers.
By Bob Clark
Gatehouse News Service
24 May 2009
Tags: Wind power, Wind energy
Some possibly related stories:
- Cracked blades lead to likely showdown between town, First Wind
- Cohocton to receive $635,000 for roads as part of settlement with First Wind
- Cohocton official wants to know why no notice for construction
- Wind money keeps Cohocton above state economic crisis
- Lawsuits blown away: Steuben judge dismisses Cohocton Wind Watch efforts to halt $230 million First Wind project
- Cohocton residents complain about country roads
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