Appellants to the OMB hearing will receive in their mail box today (likely) the notice of decision to the OMB Appeal against 38 bylaws related to the Enbridge Wind Turbine Proposal.
In short – we lost – (sounds harsh, but to get to the point)
The decision document is structured in this manner;
pages 1 – 8 are a list of names – appellants, and representatives
pages 9 – 55 – Introduction and Summary of the Evidence Given
These pages go through the highlights of the evidence given by all witnesses. It does appear that all witnesses were heard and listened to with respect. In cases of differing opinions, the Board gives reasons for what choice was selected.
pages 56 – 74 – Findings and Conclusions
In his findings, J.P. Atcheson notes both sides raised allegations of misconduct. Hie goes on that “The Board however, during the course of the hearing, is satisfied that all parties have acted appropriately, have met their obligations to the hearing process, and have brought their concerns forward in a forthright manner commensurate with the means and skills available to them.” That line would seem to mean that neither side would have grounds to appeal for costs from the other side for the hearing. (An opinion of one who does not know.)
In short, 4 appeals will be granted, the 4 for turbine sites that Enbridge had noted they no longer wanted to use, bylaw 2006-156, 157, 173, and 174. The remainder of the bylaws will stand, although they will be modified as noted by Enbridge during the hearing to restrict the number of turbines to those proposed, and in 2 cases increasing the setbacks to Bruce Concession 10 and 12 to 121 metres instead of 111 metres.
It is noted that Enbridge will make application to the Municipality to amend the bylaws already in effect so that the total number of turbines will be 110.
The “Operational Protocol and Emergency Services Plan” is to be revised somewhat adding in a clause to advise the public by media or signage when turbines are shut down by ice conditions to stay away until restarted.
The Board directs Enbridge to present a “Dispute Resolution Protocol” dealing with turbine noise within 90 days, including the establishment of monitoring stations and a complaints monitoring and action protocol.
A very bad day for the people of Ontario. Everybody must continue too fight this McGuntiy Govt. and their ridiculous energy policy.
19 July 2007
|Wind Watch relies entirely
on User Funding