KINGSTON – The board of health expects Kingston Wind Independence to appeal the modified abatement order for operation of its wind turbine.
The modified order requires that the turbine be shut down between midnight and 4 a.m. if the wind speed at the turbine hub is at least 7 meters per second, regardless of the wind direction. It also states that the turbine must be shut down between 11:30 p.m. and 4:30 a.m. if the wind speed at the hub is at least 9 meters per second, also regardless of wind direction.
The requirement that the turbine be shut down based on a specific wind direction has been eliminated.
Health board Chairman William Watson said Town Planner Thomas Bott has been notified that Kingston Wind Independence, the turbine’s owner, intends to appeal the modified order.
As of Monday night, the board had not received a copy of any appeal.
Around midday Wednesday, Bott said that as far as he knew an appeal had not been filed. In general, he said, the company objects to portions of the modified order that were not in the original order.
Watson said Kingston Wind Independence has 60 days from the date it received the signed modified order to appeal it. He said the appeal period started about a week after the board’s Oct. 19 vote to approve the modified order.
Kingston Wind Independence has committed to complying with the terms of the original abatement order, which was issued in August 2014.
“They are shutting it down under the old criteria, which is specific to a south-southwest (wind) direction,” Watson said.
He said Town Counsel Jay Talerman is exploring the health board’s legal options, including seeking an injunction to force compliance with the modified order.
Kingston Wind Independence was also ordered to do additional sound sampling to refute or confirm predictions that state noise regulations will be exceeded at locations east of Route 3 and in the Copper Beech Drive neighborhood west of Route 3.
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