Windmill issue gets new hearing
WINDHAM
2/5/2010

By Emily Parkhurst

The Windham Town Council will vote next week to send the Small Wind Energy Ordinance back to the Planning Board for review and another public hearing. The council has made significant changes to the draft ordinance, which triggers the state-required process of planning board review and hearing. While some councilors were hoping to expedite the process by making the changes themselves, Assistant Planner Ben Smith was advised last week by the town attorney to have the council send the document back to the planning board.

The council's changes include increasing the kilowatt limit from 20 kW to 100 kW of generated capacity, with turbines over 20 kW requiring planning board review. The draft also allows, by right, towers up to 120 feet. The original draft ordinance had a maximum tower height of 60 feet and required a planning board-issued waiver for towers up to 120 feet.

''Some people I've talked to have concerns about tower height,'' said Councilor Peter Busque.

He explained that there are setback requirements for all towers that would not allow the taller turbines in residential zones where lot sizes tend to be smaller than farm and commercial zones. The setbacks require that all towers be a distance of 1.1 times the height of the tower away from the nearest lot line, meaning a 100-foot tower would have to be 110 feet from the nearest lot line.

''I don't know what the big issue is when you've got the setbacks,'' Busque said.

Councilor Matthew Noel expressed concern that the process for approving the ordinance was taking more time than he would like to see.

''I'm nervous, somewhat, that we'll get into this endless loop,'' he said.

Councilor Chairman Bill Tracy agreed that the process was time-consuming.

''(The Planning Board) is not a legislative board, we are. We make the ordinances, they review them. The council was here one and a half years ago, and we're back here now,'' he said.

However, he added that with the town attorney suggesting it go back to the planning board, that he thought that was the best method.

''As anxious as I am to get things done, I think we can slow down a bit,'' Tracy said.

After the Planning Board reviews the council's proposed changes to the ordinance, it will hold a public hearing. Then the board will issue its recommendations to the council, including any recommended changes or adjustments. The council will then hold its own public hearing and can then accept or reject the planning board and the public's recommendations.