September 25, 2012

Kingston neighbors appeal ZBA wind turbine O’Donnell decision

By Kathryn Gallerani | Wicked Local Kingston | 25 September 2012

Ten Raboth Road and Country Club Way residents are appealing to Land Court to cease operation of developer Mary O’Donnell’s three wind turbines and force a new site plan review process with fair notice to the public.

No lawsuit has been filed in connection with the wind turbine Independence owned by Kingston Wind Independence LLC and located on the town’s capped landfill.

In the complaint filed in Land Court Tuesday, neighbors are focusing on alleged flaws in the site plan review process and notice requirements in challenging the Zoning Board of Appeals’ denial of a cease and desist order for the O’Donnell turbines only.

The lawsuit alleges that the original site plan review process was flawed, leading to the issuance of invalid building permits, that neighbors did not receive proper notice and that the permits are illegal because the turbines are larger than the size shown on the only plans on file with the town.

“The ZBA abused its discretion in not granting our appeal,” attorney Christopher Senie, representing the 10 plaintiffs, said.

O’Donnell is also named as a defendant in the lawsuit. Tuesday evening she said she had not been served so could not respond to the allegations. ZBA Chairman John Haas could not be immediately reached for comment.

Senie said the outcome of the O’Donnell appeal could determine further action on behalf of the neighbors in regards to the Independence, but at this time the neighbors have decided against a second appeal for financial reasons.

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