Hammond Board Adopts Wind Law, Citizens Take Legal Action

by Pam McDowell, 1000 Islands Sun Staff Reporter
December 9, 2009

The Hammond Town Board once again adopted a Wind Energy Facility Law to govern industrial wind development. During a special Dec. 7 meeting, Councilmen Ron Tulley and James Langtry, and Supervisor Janie Hollister voted to accept the law, called Local Law No. 1, while Councilmen James Pitcher and Russell Stewart recused themselves for conflict of interest. A wind law had been adopted on Oct. 27, 2008, but that law was later nullified due to failure to comply with the State Environmental Quality Review (SEQRA) Act.

Even with the new law adopted, the question of whether wind development will move forward remains up in the air. Less than 24 hours after the law was passed, the Concerned Residents of Hammond and several residents filed an Article 78 Declaration of Judicial Action with the NYS Supreme Court in St. Lawrence County to determine if the law was enacted in violations of state law and should be nullified.

According to Attorney James Sonneborn of the law offices of Green and Seiter of Syracuse, the reasons for filing the Article 78 are to determine whether the town was in violcation of the SEQRA Act, open meeting law, and conflict of interest law. A temporary restraining order was also filed in an attempt to prevent the town or code enforcement officer from issuing permits until the merits of the lawsuit are determined.

At Monday's meeting, residents sat in silence in a packed library while Supervisor Hollister read a 20-page SEQRA assessment survey prior to the vote on the wind law. The board resolved to accept the SEQRA as submitted by Hollister. Another 20-page SEQRA form was then read alound, and accepted by the board in relation to a second law adopted. The second law passed is Local Law No. 2 that amends the Hammond Site Plan and Subdivision Review Law. This amendment requires wind development facilities to be governed by the wind law, rather than being subject to the Hammond Site Plan Law, which is inadequate for wind project development. The wind law provides more rigid criteria for industrial wind development.

Among Supervisor Hollister's written comments on the SEQRA form, were repeated statements regarding te existence of a wind law as being in the best interest of the town, since specific requirements on siting and setbacks of the turbines are set forth. Establishing the wind law has caused discontent and sharp divisions in the town, with some residents pushing for stricter noise and setback regulations, while others wish to move forward quickly with project development.

President of the Concerned Residents of Hammond, Mary Hamilton, responded to the passing of the wind law by saying, "We fully expected this action by the present board, and will now contemplate options that are appropriate. We were hoping the outgoing supervisor and councilmen would have better understood the November election results. If this board truly had the best interest of Hammond in mind, the would have allowed the incoming board members the opportunity for input on the issue, and would have ceased this process tonight and cooperated to allow that to happen.

On the other side of the fence, residents Robert Hollister, Marion Milsap, and Barbara Hadlock expressed support for the law. Milsap commented, "Farmers used to support this town. We had machinery dealers, restaurants, and a gas station - now it's a ghost town. Now the farmers need us to support them." Hadlock said, "We've got rich people on islands who don't care if the farmers get money from the wind." She called the passing of the law "the best thing that ever happened in Hammond," commenting that industrial wind development may create more jobs. Hollister agreed with the sediment, pointing out that people against wind development have complained that wind turbines will ruin a pristine environment. "Yet, it's their cottages along the river that have ruined the pristine environment," he said.

Once a certified copy of the law is filed with the town clerk, the New York State Department of State, the St. Lawrence County Planning Board, and the Attorney General's Office, it can immediately be enacted.