Last week, after a heated public hearing on whether to change the Town
Plan in response to a proposal from a wind farm developer, the planning
commission opted to keep the current Town Plan prohibition intact.
During that discussion, planners told the public that a Town Plan is
most effective when it uses the clearest, strongest language possible to
explain the wishes of the townspeople.
NORTHFIELD RIDGE
Under Vermont statute, permitting of wind farms and solar panel or
tracker installation falls to the Public Service Board, which is
required to take into consideration Town Plans. Waitsfield has been
approached by Citizens Wind of Massachusetts with a proposal for 15 to
24 500-foot wind turbines along the top of the Northfield Ridge from the
Moretown line to the Waitsfield line. The Town Plan prohibition on
development above 1,700 feet on the ridge stands in the way of that
project.
What the Georgia-Milton decision shows is that while the Town Plan may
be considered, unless it is crystal clear about a town's intent for
particular resources, the board may make decisions that are counter to a
town's wishes.
The Georgia-Milton project (Georgia Mountain Community Wind) is a three
to five turbine commercial wind project proposed on the town line of the
two towns. The proposed turbines will be 443 feet high. The project met
with opposition from townspeople who were concerned about the impacts
of the project on property values as well as the quality of life for
those who live near the towers. Over 400 residents of the two towns
signed a petition in opposition to the proposed project.
PUBLIC GOOD
The project, proposed by Georgia Mountain Community Wind, was proposed
in 2006 after wind monitoring showed favorable conditions along a ridge
between the two towns. In March 2009, the developers filed with the PSB
for a certificate of public good for the 12-megawatt project (12
megawatts will supply enough power for about 3,500 homes). Shortly
thereafter, developers received a $75,000 state grant to help cover
predevelopment costs.
Joshua Schwartz, director of the Mad River Valley Planning District,
made the PSB ruling on the Georgia-Milton project available to local
planners and noted that the decision is worth reading because of the
information it provides about how the PSB reads a Town Plan and zoning
regulations when making decisions.
"I see this as a lesson for not only wind but also solar projects that
come before the PSB," he wrote in an email when distributing the PSB
ruling.
SCENIC VALUE
"Both the Milton and Georgia Town Plans describe Georgia Mountain as a
scenic area. However, neither plan provides specific reasons as to the
area's scenic value or guidance as to how the area should be protected.
Therefore, the Project does not violate a clear, written community
standard contained in the Town Plans. (pg. 50)," the PSB decision reads.
"We conclude that the applicable Regional and Town Plans contain no
clear, written community standards with which the Project would be
inconsistent. In order for a provision to be considered a clear, written
community standard, it must be 'intended to preserve the aesthetics or
scenic beauty of the area' where the proposed project is located and
must apply to specific resources in the proposed project area. Because
the Project will be located in the Towns of Milton and Georgia we look
first to the plans for those towns as the principal source in making
this determination. The Town Plans of Milton and Georgia contain
generalized provisions encouraging the protection of scenic ridgelines,
such as Georgia Mountain, while acknowledging the benefits of commercial
wind energy generation. The Town of Milton also specifically makes
reference to Georgia Mountain as a potential wind energy site," the PSB
decision continues.
VERY SPECIFIC
By contrast, the Waitsfield Town Plan, with regard to the ridge, is very
specific in three areas, natural resource policies, energy policies and
land use policies. Those Town Plan sections are as follows:
Chapter 3 Natural Resources Policies: Land development, including the
construction of roads and extension of utilities, shall be prohibited
above an elevation of 1,700 feet MSL, with the exception of activities
related to non-commercial recreation, forest management and low-impact
seasonal camps.
Chapter 11 Energy Policies: Encourage dispersed, small scale and
appropriately sited development of renewable energy generators,
including, but not necessarily limited to, solar panels, wind turbines
and micro-hydro. Wind turbines shall be discouraged in the Forest
Reserve District above 1,700 feet elevation.
Chapter 12 Land Use Policies: a. Land use and development shall be
limited to forestry, outdoor recreation, small seasonal camps, and
year-round residential dwellings below an elevation of 1,700'; b. Roads
and utilities shall not extend at or above elevations of 1,700' except
to provide seasonal access to camps, forestry operations and for
recreation.
The above language is from Waitsfield's current Town Plan. The planning
commission is in the process of rewriting the Town Plan and has been
working on that project for nine months.
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