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Turbine foes file lawsuit  

CAPE VINCENT – A citizens group opposed to a proposed wind farm here has mounted a legal challenge to the town’s determination that the project qualifies as a utility under zoning law.

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Wind Power Ethics Group filed an Article 78 petition Wednesday in state Supreme Court against the town’s Zoning Board of Appeals and St. Lawrence Windpower LLC, the developer of the proposed 97-turbine project.

The ZBA determined Feb. 28 that the project was a utility within the meaning of the town’s zoning law and is therefore a permitted site plan use in the town’s agricultural/residential zoning district.

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WPEG claims the determination was “arbitrary” and “capricious,” as no explanation was provided by the board as to why it reached the conclusion that turbines are substantially the same as other utilities, such as telephone equipment centers, electrical or gas substations, or water treatment and pumping facilities.

WPEG argues, among other things, that existing utilities are permissible in residential areas because they have to be there to serve the nearby homes. The electricity generated by the turbines will not serve the area, negating the need for the project to be in any particular area, the group contends.

The group is asking that a judge vacate and set aside the ZBA’s Feb. 28 determination.

Published in the Watertown Daily Times

31 March 2007

Source: tmcnet.com

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

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