September 21, 2011
New York

Orangeville man seeks restraining order against building of turbine

By Matt Surtel, The Daily News, 21 September 2011

ORANGEVILLE – A town man is seeking a temporary restraining order against a proposed wind turbine near his property.

Robert White has filed a State Supreme Court lawsuit seeking to declare the tower’s area variance null and void. He maintains the tower would be within 800 feet of a cabin on his Bantam Road property, violating town setback requirements.

He said in an affidavit he did not give Stony Creek Energy – an Invenergy subsidiary – permission or a waiver to do so. His lawsuit is against the Town Board, the town Zoning Board of Appeals and Stony Creek.

Town Attorney David DiMatteo said the lawsuit is premature. He said the variance issued affects the road but didn’t indicate a structure.

A pre-construction survey and an additional variance would be needed to build a tower near a structure, which would be denied, he said.

“The town did absolutely everything in accordance with the regulations, in accordance with the rules, and in accordance with project of this magnitude,” he said.

Invenergy is planning the wind farm that would include up to 59 wind turbines.

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