Township to ON government: Take illegal turbines DOWN

 

Township to province: take them down

West Lincoln seeks turbine moratorium – again

Township to province: take them down

AMANDA MOORE/STAFF PHOTO

The Township of West Lincoln is renewing its call for a moratorium on industrial wind turbines in light of the HAF wind energy project not meeting setback requirements of the Green Energy Act. The township is also asking the province to order the removal of the four turbines in violation.
Grimsby Lincoln News

WEST LINCOLN —Zlata Zoretic can see three wind turbines from her bedroom window.
Her Twenty Road home is surrounded by the HAF wind energy project. The turbine closest to her home is a mere 640 metres away — just shy of 100 metres over the provincial setback of 550 metres. And thanks in part to the efforts of a local citizens group, Zoretic recently learned two of the turbines are even closer to her property than provincial regulations allow.
The West Lincoln Glanbrook Wind Action Group used a range finder to determine the distances of the five turbines from the property lines after a property owner raised concerns that one of the five turbines appeared closer than 95 metres from her property line. The Ministry of Environment has confirmed the group’s allegations that four of the five turbines infract the property line setback regulation stipulated in the Green Energy Act. Under the legislation, turbines must be the height of the tower, from base to hub from the property line — which in the case of the HAF project is 95 metres.
Two of the turbines are five metres too close to Zoretic’s property.
“Take them down,” said Zoretic outside West Lincoln council chambers Monday night, moments after the planning, building and environmental committee unanimously supported a resolution asking the province to do just that – and to immediately halt all wind projects in Ontario. “They shouldn’t be there in the first place.”
The motion, introduced by Alexander Micallef, comes a little more than a week after Ontario PC Leader Tim Hudak, MPP for Niagara West-Glanbrook, renewed his call for a moratorium and demanded the province take down the HAF project turbines in light of the setback violations.
“They are violating legislation in my opinion,” said Micallef on introducing the motion, which also asks the province to review the negative impacts of its Green Energy Act. “This is something this council and a lot of our constituents have a lot of concern with. It’s frustrating.”
According to the ministry, the HAF project cannot go online until the property line matter is resolved. And according to West Lincoln council, there is only way to resolve the matter: take the turbines down. The resolution also calls on the province to ensure all current and future wind farms comply with regulations – without any exceptions.
“It’s very, very disheartening,” said Coun. Lou DiLeonardo of the situation. “I wonder what would happen if people just started building houses, pools and sheds wherever they want.”
According to planning director Brian Treble, applicants have the option to encroach the setback regulations if they have written permission from the abutting property owner. Niagara Region Wind Corp., which has an application before the province for a 77-turbine project centred in West Lincoln, has chosen to take that route.
Proponents of the HAF project — which is jointly owned by Vineland Power Inc. and Rankin Wind Energy – did not seek permission and are now seeking to rectify the situation.
“Both are not fair. Both do not deal with the rules and the regulations of the Green Energy Act,” said Mayor Doug Joyner. “That’s what’s really upsetting to us in West Lincoln.”
Both council and its constituents are demanding the province right the situation.
“Nobody is above the law,” said a woman identifying herself only as Mrs. Sherman. “They should be held accountable.” …
Read the full story here.

Support Plympton-Wyoming council vs Suncor

Street view of Wyoming

Here from WAIT-PW:

Dear Town of Plympton-Wyoming Supporters,
As you are probably aware, Suncor is challenging the Town of Plympton-Wyoming’s By-laws in Court on Wednesday. Council implemented these by-laws to protect US! They are designed to protect us financially and designed to protect our health.  PLEASE, PLEASE, SHOW YOUR APPRECIATION of Council’s actions on Wednesday with your attendance. 
Where: Sarnia Court House – 700 Christina N, Sarnia, ON N7V 3C2 Map
Parking: on-site
When: 8:30-9:30 a.m. Demonstration of Support – Bring Your Signs! Main Entrance, Not on Court House Property
9:30-10:00 a.m. Place signs in vehicles and proceed through security to Court Room. Prepare to empty purses and don’t carry anything that won’t allow you through security.
10:00 a.m. Court case begins – remember we are a professional group and will demonstrate respect for the judge and the court system.
Sign Suggestions (Please be creative!):
OUR HEROES – PLYMPTON-WYOMING COUNCIL
DEMOCRACY AND Plympton-Wyoming COUNCIL VS SUNCOR & GEA
SUNCOR – WE ARE BEGGING YOU, DO THE RIGHT THING, CANCEL!
SUNCOR – SHOW LEADERSHIP IN ONTARIO – CANCEL THIS PROJECT!
SUNCOR – OUR COUNCIL SPEAKS FOR US – NOT TORONTO
SUNCOR – PLEASE DONT HURT US! WE ARE BEGGING YOU!
SUNCOR – SHOW LEADERSHIP – RESPECT THE LITTLE GUY/OUR COUNTY
Please LIKE US on Facebook Page
www.WAIT-PW.ca

Chatham-Kent fails OFA wind turbine setback vote

There was a motion put forward at the Ontario Federation of Agriculture convention today, to ask the Province of Ontario to put setbacks between “noise receptors” (otherwise known as “homes”) at 1,000 meters instead of the current 550 meters.
The motion failed in a vote lost by three votes, convention attendees tell us. Key players in the defeat of the motion were delegates from Chatham-Kent, who claimed that there was not enough scientific evidence to support the demand.

U.S. judge orders turbine off 12 hours a day: “irreparable harm”

Judge Orders Falmouth to Run Wind Turbines on 12-Hour Schedule

By: Christopher Kazarian, November 22, 2013 Cape News

Two of Falmouth's wind turbines, one at the Falmouth Wastewater Treatment Facility (left) and the other at the Falmouth Technology Park, as viewed from the Chapoquoit Beach parking lot.

GENE M. MARCHAND/ENTERPRISE – Two of Falmouth’s wind turbines, one at the Falmouth Wastewater Treatment Facility (left) and the other at the Falmouth Technology Park, as viewed from the Chapoquoit Beach parking lot.

Barnstable Superior Court Judge Christopher J. Muse has ordered the town to operate its wind turbines at the Wastewater Treatment Facility for 12 hours per day except on Sundays starting today.

The preliminary injunction was filed late last night and requires the town to turn off the machines from 7 PM to 7 AM daily. Additionally, Judge Muse’s decision calls on the turbines to be turned off on Thanksgiving, Christmas and New Year’s Day.

The move follows what was a supposed agreement reached two weeks ago in Barnstable Superior Court between Falmouth’s attorneys and lawyers representing neighbors living near the turbines. That agreement—to reduce the operating hours of the turbines from 16 hours per day to 12 hours per day as a temporary move toward a more comprehensive settlement—was tied to the town’s appeal of the Falmouth Zoning Board of Appeals decision in May upholding Neil P. and Elizabeth Andersen’s claim that the wind turbines constitute a nuisance. The Andersens live near the turbines on Blacksmith Shop Road and have been outspoken in their criticism of the machines and impacts they have had on their lives shortly after the first, Wind 1, became operational in March 2010.

Since that time selectmen have refused to return to the 12-hour operating schedule, something that the board’s chairman Brent V.W. Putnam announced at Town Meeting last Wednesday.

 

This morning Town Counsel Frank K. Duffy Jr. said he was unsure why the board could not come to an agreement on the matter. “In the end we wound up exactly where we would have been, turning them on from 7 AM to 7 PM,” he said.

In his ruling Judge Muse wrote that the “town’s actions, (or inactions), require this court to employ its direction in ruling upon the Andersens’ motion…”

He later noted that the Andersens “have a substantial likelihood of success on the merits of their position that the ZBA’s decision that both turbines created a nuisance” and that if the court did not file a preliminary injunction “the Andersens will suffer irreparable physical and psychological harm.”

Judge Muse said that while the town may suffer financial penalties for the reduced energy production of its turbines, the Andersens would benefit from his proposed operational model, noting that “they will experience sufficient periods of time to sleep and relax in their home, with a commensurate increase in the use and enjoyment of their impacted property.”

Mr. Duffy said the town has the right to appeal Judge Muse’s injunction within 30 days. He said he believed that Town Manager Julian M. Suso would be asking selectmen to hold an executive session to discuss that matter further.

If the board does not vote to file an appeal, he said, Falmouth would have to wait until Judge Muse either releases the preliminary injunction or the court case goes to trial. Mr. Duffy said this case is not scheduled to go to trial until December 2014 at the earliest. “For what it is worth we will continue talking to neighbors about reaching a solution,” he said.