September 13, 2011
By Kate Day Sager Olean Times Herald, www.oleantimesherald.com 13 September 2011
ALLEGANY — The group Concerned Citizens of Cattaraugus County has filed an appeal to the zoning board of appeals in Allegany, contesting the recent approval of an EverPower wind farm project.
On Monday, the group’s attorney, Gary Abraham, said the appeal is asking the zoning board for an independent interpretation of the Allegany zoning law, and is arguing that the Allegany Planning Board failed to analyze noise impact as required by the law.
When reached today, Mr. Abraham said he believes the appeal will help stall the process of building the wind farm.
“The division we’re appealing under authorizes the zoning board to interpret the local law to see whether the requirements we said have not been met, actually apply,” Mr. Abraham said.
He noted that EverPower has to begin construction on the 29-wind turbine farm this fall, and have it up and running by the end of 2012, to receive federal grant money for the project.
Mr. Abraham said if the appeal is unsuccessful, Concerned Citizens has other options.
“I don’t think this is over by any means,” Mr. Abraham said.
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