Lawsuit targets Sullivan County college windmills

Are they structures or utilities?

By FRITZ MAYER

LOCH SHELDRAKE, NY — Kenneth Walter has been fighting against the windmills proposed for the college since planning began more than a year ago. Now, he’s filed a lawsuit about the approval process for the projects. The suit was filed on December 3 against the Sullivan County Legislature, the Sullivan County Community College Board of Trustees and the Fallsburg Planning Board.

In the lawsuit, Walter basically argues that the windmills, one of which will be 110 feet tall, and the other 320 feet, are structures. Because they are structures, they are bound by the zoning ordinances of Fallsburg, which prohibit structures higher than 100 feet.

The Fallsburg building inspector determined, however, that the windmills are not structures, but instead are utilities similar to telephone cell towers, and therefore are not bound by the 100-foot rule. The planning board granted approval for the smaller turbine to be built, and ground was broken on the project in early November.

In a letter to the planning board in September, Walter argued that the windmills in question are taller and wider than cell towers, and unlike the towers, windmills have moving parts and make noise, and thus should not be considered in the same light.

If during the course of legal proceedings it is determined that the windmills are in fact structures, the builder would need to apply to the zoning board of appeals for a zoning variance, instead of getting approval from the planning board. This would require a public hearing.

A separate item in the lawsuit alleges that a noise study requested for the first windmill was performed and reported on orally by the makers of the windmill, and thus was inadequate for determining the actual amount of noise that will be produced by the windmill.

Walter’s mother lives in a house that sits a few hundred feet from the site of the windmills, and he has argued in the past that her quality of life will suffer if the windmills are built. His lawyer, Gerald Orseck of Liberty, said that his client is not opposed to green energy, but objects to the placement of the windmills.

The college has a lot of land, he said. If officials were so inclined, they could easily site the windmills in a place where no one would be bothered.

The first windmill, a so-called vertical, has received substantial local press coverage because of its experimental nature and because, with its installation, officials hope to promote the college as an important green technology center of the region. Critics have argued that the turbine won’t deliver as promised, and Walter has publicly expressed the sentiment that it might represent a danger to the public.

David Fanslau, Sullivan County manager, said he could not comment on the lawsuit because county policy prevents him from doing so. Dr. Mamie Howard Golladay, president of the college, also said she was not at liberty to comment.