Lyme wind law petition ruled invalid
Saturday, August 28th, 2010Chaumont - State appellate judges sided Wednesday with a lower court in determining that 10 lyme town residents presented a valid petition last year to require a supermajority to pass a wind energy facilty law.
The petition was signed by residents who thought the town zoning law had “excessive” setback requirements that stifled development of wind power. But the board rejected it after concluding the signers did not represent 20 percent or more of the total acreage in the town.
State Supreme Court Judge Hugh A. Gilbert disagreed with the boards contention that two signatures on a jointly owned parcel were required to include that acreage.
“We believe that it is sufficient for only one spouse to sign the petition,” Appellate Judge John V. Centra wrote in affirmation of Mr. Gilberts decision.
The board passed its zoning law by a 3-2 vote. The court has invalidated that action, saying the residents petition triggers a four vote requirement to pass the law.
(I had suggested a petition at the last meeting of START at the firehall. You were going to send it out by mail to all the START members and leaseholders but I never recieved it. I believe from looking at the map at the firehall we should have at least 20 percent of total acreage in the town owned by lease signers. My question can we submit the signatures on wind leases to the town board and can the leases be used like a petition (ask gary to find out from a lawyer). Next we would need to find the total acreage of the lease holders (ask gary for acreage totals) and the total acreage of the town of Machias to see if its above 20 percent. Im hoping that would take care of the setback issue..Ive been studying it for weeks. I feel its our only hope with that.
Im trying to work on the DB issue with sound..I might be on to something with that to..Ive been working on that everynight. If I have something I will message it or bring it to the next meeting.
Scott Anderson
anderscot5@yahoo.com