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Planning Board cancels meeting to include Kingston turbine site plan approval revocation discussion

KINGSTON – The Planning Board was going to discuss revoking site plan approval for the Independence wind turbine tonight.

That meeting has been canceled.

The Board of Selectmen most recently discussed the status of legal wrangling between the town and the turbine’s owner, Kingston Wind Independence, in executive session May 10.

In December 2015, KWI filed a lawsuit against the town’s Board of Health claiming that an abatement order approved in October 2015 further restricted operation of the turbine, causing significant financial hardship to its business.

In February 2016, the town answered with a counterclaim that KWI is in breach of contract and not in full compliance with either the Board of Health’s original abatement order or its second abatement order for shutdown of the turbine under certain conditions.

The Planning Board approved the Independence turbine on the town’s capped landfill in June 2010, and construction began in September 2011. The turbine began operating in May 2012.

At Town Meeting May 5, town officials were asked about the turbine’s legal status.

Town Counsel Katherine Feodoroff said in May that options are also being considered that might lead to resolution. Asked if the town can renegotiate its contract with KWI, Selectmen Chairman Elaine Fiore said the town cannot renegotiate due to the litigation.