ALLEGANY - Town of Allegany board members were told that they will have to put more zoning laws into effect if they are going to have control over wind-turbine companies that may try to move into the community.

During a special meeting Monday at Allegany Town Hall, board members heard comments from Dan Spitzer, an attorney with Hodgson Russ LLP in Buffalo who is advising the town board on wind-turbine issues.

The small town-hall meeting room was filled with residents who were concerned with the possibility of a wind-turbine farm moving into the Chipmonk area. EverPower Renewables of New York City proposed a wind-turbine farm for the Chipmonk area a couple of years ago. Since that time, residents of that community have organized with Concerned Citizens of Cattaraugus County to keep a farm from moving into the area. The Concerned Citizens group has claimed that the 32 proposed wind turbines for the Chipmonk area would create noise, and aesthetic and environmental issues for the community.

The town board has considered placing a year-long moratorium on the proposed wind farm but was advised at Monday’s meeting by Mr. Spitzer to put more muscle into its governing stance by re-zoning the Chipmonk area into a wind-zoning overlay district. Pat Eaton, town supervisor, said this will likely be done in the near future. Mr. Spitzer said moratoriums, which would stop any action taken on the wind-turbine-farm proposal, are designed for emergencies. He said that as the laws stand now, the Allegany Town Planning Board, not the town board, holds the power in determining whether a wind-turbine farm could move into the community.

“We need to control what’s going on,” Mr. Eaton said after the meeting. “Then they (Everpower) would have to come in and make a zoning (change) request, and we could say yes or no.”

Mr. Eaton said the town board planned to discuss its contracts with the Cattaraugus County Industrial Development Agency (IDA) and any potential contract with EverPower in an executive session following the meeting. He said the board likely will not make further determinations on zoning changes in the Chipmonk area until the Oct. 22 meeting.

Kevin Sheen, senior director of development for EverPower, was at the meeting and said his company has slowed down the process at the proposed site in Chipmonk “so we could do a little more internal field work.”

“We plan on submitting a revised layout to the planning board for their next meeting,” Mr. Sheen said. “We will then continue to update all of the studies surrounding that revised layout.”

Mr. Sheen said the company has moved a couple of wind turbines from their originally planned locations on the Chipmonk ridgetops.

“Since we moved a couple of turbines, we’ll have to redo some of those (sound) studies and then represent those to the town” in the plans.

“There is a fairly significant shift in some of the turbines and we think it will better address some of the sound issues. Overall it’s a more palatable plan for the town. We’ve always made it our goal to develop responsibly and try to have a project that gives the most benefit to the town while having the least impact.”

Gary Abrams, of the Concerned Citizens group, told the board that residents of Chipmonk are uncomfortable with any type of mitigations or changes that may be applied to the proposed project.

“Ridge-line sightings of wind farms in a rural residential area is almost never a good idea,” Mr. Abrams said. “As it stands now, the town’s law does not give any protection against noise increases for people outside of 2,500 feet from the project. About half the people here (at meeting) live on Chipmonk Road just outside of 2,500 feet.

“What you’re conceptionalizing here with mitigation for financial benefits is sacrificing these people’s way of life, and their peace and quiet for money the town would get,” Mr. Abrams said.

The town board had recommended to the town zoning board a 2,500-foot buffer zone between wind turbines and residences. In addition, the town’s portion of the payment in lieu of taxes (P.I.L.O.T.) negotiated by the IDA would be roughly $22,000 a year for the entire wind farm. The school district, county and town would receive a P.I.L.O.T. in the same proportion of the respective taxes in the town, reports have stated. One example shows a school district getting 50 percent of the P.I.L.O.T., the county 40 percent and the town the remaining 10 percent.

Mr. Spitzer said the wind-turbine issue, and its legalities, are complicated at best.

“It’s a very complicated topic and the one thing I say, whether I’m representing the community or representing the developer, is that it will change your community for a generation, at least,” Mr. Spitzer said of a wind-turbine farm.

Mr. Eaton, who was listening in the background, revised Mr. Spitzer’s statement by saying, “It will change it forever.”

(Contact reporter Kate Day Sager at kates_th@yahoo.com)

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The following are comments from the readers. In no way do they represent the view of bradfordera.com.

c. forest fortreas wrote on Oct 13, 2009 7:23 PM:

" " A very smart man commented the other day that when the windmills wear out, the cost to remove or rebuild them will be huge. He noted no one is thinking about those costs in 10-15 years. Good point. Who will tear these down and at what cost in a few years and who will restore the habitat destroyed when we evolve to better forms of green energy. The stimulus money has created knew jerk reactions to these turbines causing the decision makers to be blinded by short term riches for there budgets at the expense of long term effective planning.

The first satellite dishes were huge, just like these wind turbines. In a few years the new units will be much more efficent. Wait!

I stood in front of a windmill off of Rt. 98 and it reminded me of a distant freight train...you could feel the vibration through the soil from the windmill just like you can feel the vibration from the trains as they pass at 60 mph; of course, the trains only come for a few minutes twice a day--not a constant.

I love to look up the hills circling Olean and Allegany. They look so nice. I wish the powerlines were not there. Too bad we could not bury them.

North America is sitting on natural gas reserves larger than all the oil the Middle East ever had. It is there and it is clean burning. That is the future.

People who only watch TV and never enjoy nature or our area would not understand--just lower my taxes any way you can they would say. I wonder if they would sell their soul so easily? I wonder if they understand what that means. I wonder if another country offered to buy the United States and offered all sorts of money and benefits, if they would say agree and even vote for the sale with some convoluted explanation of why it makes sense.

If you stand in a forest you can see the trees all around you but to see the whole forest you have to have some distance to provide perspective. Too many people see the trees, windmills=short term benefits, but they don't see the forest--long term implications. May the wise prevail and God bless the concerned citizens. May you triumph over the nit wits.

C. Forest Forteas " "

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C. Forest Fortreas wrote on Oct 13, 2009 7:39 PM:

" So, just exactly what is "Enchanting" about a bunch of wind turbines sitting on top of the "enchanted mountains" of our beautiful Cattaraugus County?

Instead of "Enchanted Mountains" we should change the name if turbines are approved to ... go ahead, add the new name in the next comment... "

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FUTURE CONGRESSMAN wrote on Oct 13, 2009 8:15 PM:

" Natural gas exploration is far more damaging to the natural environment. Oil jacks sit in manmade clearings with oil accumulating on the ground accompanied by toxic methane odors. Coal-fired power plants have rained down mercury on western ny for years (hence our Multiple Sclerosis "hotspot"). ULTIMATELY....It is the people's money! How does the Town weasle its way into the coffers?? They will just squander it anyway! "

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ChangeIsGood wrote on Oct 14, 2009 8:16 AM:

" Why are residents of Catt County so afraid of change? Everyone cries and complains about lack of jobs, tax base moving away, and lack of development. Yet when new ideas come, people want to stop them. Get with the program Catt County, until you open your mind to change this will stay a depressed area! "

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Forest wrote on Oct 14, 2009 9:15 AM:

" It is the people's money but the money of a few who just so happen to own those mountain tops--they will benefit financially while everyone else will get the benefit of a less than "enchanting" view. "

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jon wrote on Oct 14, 2009 2:36 PM:

" I grew up in the Chipmonk area, I have also worked in the field of wind energy. Let me say this as clearly as possible. DO NOT LISTEN TO THE ENERGY CORPORATIONS. They will tell you whatever they can to get you to sign an easement allowing them to put up those atrocities. Erecting wind turbines does an awful lot more degradation and damage than you think or are led to believe. Those things are LOUD LOUD LOUD. And they may explode. Did I also mention that I am an environmentalist? Turn off your lights, use less electricity. That is what will ultimately change our energy economy, not some quick fix scheme financed by big oil. "

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ThisIsntThatComplicated wrote on Oct 14, 2009 3:27 PM:

" So there is a double-wide on Main St. in Allegany, at least a dozen dilapidated and/or vacant houses within the village (not to mention outside the village), and the property taxes are so high that your children are forced to move away to find paying jobs...yet you are worried about a wind farm?

Is the noise from a wind farm any more distracting or problematic than the noise coming from oil extraction? How about construction? Road noise? "Concerned Citizens" should try focusing on boosting the local economy, rather than whining. "

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Pat wrote on Oct 15, 2009 9:59 PM:

" " So, just exactly what is "Enchanting" about a bunch of wind turbines sitting on top of the "enchanted mountains" of our beautiful Cattaraugus County?"
Far more enchanting than the West Valley Project is. "

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CHANGE wrote on Oct 16, 2009 12:05 PM:

" this town is so worried about changing anything that they never do! there is always the same names in power and always the same people stopping growth from entering this community. OMG let it end, if the turbines help the economy make a change then great! lord knows that this village doesnt have much and that in which it does have seems to go missing among the local powers. every dollar saved will help. every other place in the country is changing and evolving, yet we stay the same and dismiss and try to rule out any change and economic filled business and the future that may come our way. move on before we have to become dissolved like limestone! "

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Forest wrote on Oct 16, 2009 12:13 PM:

" Pat and Complicated...I have thought about your comments--probably a lot more than you thought about mine.
The thought that came to mind is the movie, "It's a Wonderful Life". I equate the wind turbines to Pottersville in the movie where money wins out at the cost of good conscience. I equate the actions and position of the concerned citizens with that of the role played by George Baily in keeping Bedford Falls a nice place to live.
Pa Bailey: This town is no place for any man unless he's willing to crawl to Potter. You've got talent, son. I've seen it. You get yourself an education.
The problems we have in this town, this county, this country have to do with government policies--both of you are confused about this as indicated by your answers. Again, there is nothing enchanting about lining our hill tops with great big monstrosities.
C. Forest Fortreas "

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C. Forest wrote on Oct 16, 2009 2:06 PM:

" And if you want a glimmer of the problems with government policies it started with FDR and his policies that morphed into people getting something for free—it was the birth of the “free lunch”. I don’t care who you are, nothing is free. If you are in a wheelchair, you man a suicide hotline to EARN the check from the government, if you are a senior citizen who retired before the average age of death but did not save enough to live comfortably, you volunteer to EARN the social security check, etc. That is the first problem…nothing for free. If you want to fix education, make people afraid of failure. Our safety net is so safe that people can live comfortably without contributing. People on social programs should get food basics but not steak and butter. Seniors who did not speak up (like the concerned citizen are) and require the government of the people, by the people to put the money from their FICA contributions in a separate investment trust are out of luck. That money was spent in the general fund and is gone. They have no right to live off their kids current contributions. Remember that Social Security was designed to stop people from starving, not as a retirement program. You collected three years after the average age of death—then age 62. At today’s rate, that equals age 79. Social Security is gone because people did not stand up and require the government to keep their contributions separate. That is the responsibility of being a citizen in a democracy. Yes we thank those who fought the Great War and all that but you dropped the ball on the important issues of the day—namely, requiring your government to invest the contributions and not put them in the general fund.

Second is that our country has been sold out by allowing manufacturing to be shipped to other countries…those countries whose economies are now thriving. If no one is working, who is pay for those free lunch policies? There is honor in producing and our country as lost much of that honor. We need to take that honor back and windmills is not the answer--Don Quixote.
You really need to see the big picture, to step back from looking right up the trunk of the tree and instead, with distance gain perspective…you need to see the forest for the trees. That takes a little more than one issue.

Again, the answer is not ruining our enchanted mountains. "

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ThisIsntThatComplicated wrote on Oct 16, 2009 4:32 PM:

" Forest: If you want to analogize using literature, try comparing yourself to Anse from Faulkner's As I Lay Dying...stop sitting on your porch whining about that durn road, and think about your true purpose for complaining. Selfishness, perhaps?

And Forest, trust me on this: 'confused' is talking about not getting a free lunch then complaining about someone benefitting from owning property.

Confusion is blaming FDR for welfare then promoting the condemnation of a group who are trying to do business in our town. By the way, Forest, the project will create CLEAN energy. It isn't a coal burning facility or a nuclear waste dump. It is a WIND FARM. Are wind farms perfect? No...are any of our current power production facilities? Hardly. It is, however, a step forward.

I have seen enough wind farms near and far to know what they look like. Take a trip and view them yourself. I hardly expect you to find people whining like you are about 'spoiled views'. "

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