KINGSTON – The Board of Health expects Kingston Wind Independence to appeal the modified abatement order for operation of its wind turbine.
Chairman Bill Watson said Town Planner Tom Bott has been notified that the Independence owner intends to appeal its second abatement order although as of Monday night the board did not have a copy of any appeal.
Watson said KWI has 60 days from the date it received the signed modified order to appeal. He said that was about a week after the board’s vote on Oct. 19 to approve the modified order.
KWI has committed to abiding by the terms of the first abatement order approved in August 2014.
“They are shutting it down under the old criteria, which is specific to a south southwest direction,” Watson said.
The modified order drops the requirement that the turbine be shut down based on a specific wind direction.
The order requires that the turbine be shut down year-round between the hours of midnight and 4 a.m. when wind speeds reach at least 7 meters per second at the turbine hub, regardless of wind direction, and between 11:30 p.m. and 4:30 a.m. when wind speeds exceed 9 meters or more per second at the hub, also regardless of wind direction.
Watson said Town Counsel Jay Talerman is exploring the board’s legal options, including filing for an injunction forcing KWI to abide by the modified order.
Board member Toni Cushman asked who ensures that KWI abides by the original abatement order.
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