Lincoln board rejects appeal of wind farm on technicality

Lincoln board rejects appeal of wind farm on technicality


LINCOLN, Maine — Next stop, civil court.

Friends of Lincoln Lakes group members said Friday they will go to Superior Court to appeal the town permit issued to a proposed $130 million Rollins Mountain wind farm. The Lincoln Appeals Board voted 4-2 on Thursday to dismiss the Friends’ appeal on what group members called a technicality.

“Our appeal wasn’t even heard last night. It was just thrown out,” group member Nadia Wotton of Lincoln said Friday. “I think they [appeals board members] certainly had a legal avenue to allow the appeal to go through. Why they chose not to go through it was inexplicable to me. It was like there was an animosity toward us.”

Appeals board Chairman Alan Grant disagreed.

“The appeals board is very comfortable with the ruling it made. We believe that it is well within the law,” Grant said Friday. “I believe that [board] members are of high character; good conscientious people that are striving to work within the rules.”

Consisting mostly of town residents, the Friends group contends that First Wind of Massachusetts’ 40 380-foot turbines would threaten human and animal health on Rollins Mountain and would lower land values with light flicker and low-decibel sound.

The group claims that the project, which the planning board permitted Dec. 1, violates at least three portions of town zoning law. The project still needs approval from several state and federal agencies and in Burlington, Lee and Winn.

Conducting a public hearing for the first time since 2005, Grant and board members Diana Johnston, Judy Junkins and John Shaefer rejected the appeal. Members Ted Ocana and Brian Stormann opposed.

The majority, Grant said, ruled that the Friends had no right to appeal the decision because the group was legally incorporated Dec. 31 but filed its appeal Dec. 15. Under Section B, No. 7 of the board’s General Conduct regulations, the appeals board “decides whether the applicant has a right to appear before the Board,” the regulation states.

“We got hung up on the idea that we did not know who we were dealing with. That’s the bottom line,” Grant said, calling the issue “an awful big technicality.”

Wotton and group member Rick Kaul of Millinocket called that preposterous.

“I cannot imagine that there was a doubt in anyone’s mind that the group that filed the appeal was the same group that was fighting this [wind farm] all along,” Wotton said. “They know who we are.”

“They came into this with the sole purpose of trying to disqualify us and our right to appeal,” said Kaul, who owns property on Long Pond near Rollins Mountain.

Grant and attorney Tim Woodcock, who the town paid to advise the appeals board, said that the board required legal documentation of the group’s identity to proceed properly. They said Friends attorney Lynne A. Williams of Bar Harbor failed to provide it despite several days’ warning that it was needed.

Williams could not be reached for comment Friday.

“This is not a technicality. It is an absolute requirement and it’s true in court or before any kind of official body that has adjudicatory powers,” Woodcock said. “It’s jurisdictional. The lack of it could have nullified their decision upon further appeal.”

Besides rejecting the appeal, Woodcock told the board Thursday that it had three other options.

It could have affirmed the appeal; recessed the hearing to allow Friends time to prove its bona fides; ruled on everything about the appeal save the identity question; or allowed a substitute party to stand in for the group, such as one or two members whose right to be heard was unquestioned.

The board rejected those options.

“Now we have a group of people that are reflecting on existentialism and the theater of the absurd,” Friends group member Gary Steinberg said. “I also must say that philosophically, if they question our existence, I question theirs.”

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Comments
23 comments on this item

The opposition has nothing to say? AMAZING!!!!!!

In today's economy i cannot beleive these nimbys are trying to stop a project of this magnatude. Do these idots know that someday the petro pump will dry up. Why not start building these today for the future of everyone. Some of the members of the freinds of Lincoln Lakes are not even from Lincoln. They are just a bunch NIMBY's trying to keep maine the way it has been for years POOR & UNEMPLOYED. Maybe they are thinking the paper industry will last forever.

I know why they don't want the windmills, They want to strip mine the area for coal like in Penn. that would improve the view now wouldn't it. Projects such as these wind power generators are green and right now we need all the green power we can produce. I bet they would have somthing to say about solar, hydro thermal and all the other green energy research that is being done these days.

Fascists don't obey laws or care about the will of the people.

Can the " friends of Lincoln lakes " please just go back to where they came from now. This small group of outsiders has taken up enough of my time. Go away !!! You do not speak for the people of Lincoln Maine.

garysmom, last I knew we still ALL live in the UNITED STATES OF AMERICA, and I thought we ALL deserve the RIGHT TO VOTE on projects of this magnitude in our towns. Friends of the Lincoln Lakes deserve this right, as they live and pay taxes in the town of Lincoln. The people in the town of Lincoln all came there from different towns somewhere back in the town history. So are any of you REAL town of Lincoln folks??? The land and the lakes and Mountains were there looooong before any of you, shouldn't they be the ones that are protected from vandalism? The Friends of the Lincoln Lakes are just trying to save something that belongs to your town heritage. It will be FOREVER gone if you let this happen. I wish we could have saved Stetson Mountain from the same fate.

first you dam a river. next you build mills. then you clear land for farms and homes.you next build stores to service the people who have stripped the land of it's natural look. now you destroy the lakes by building camps there and cutting power lines to light and heat them. now you think you shouldn't have to look at a source of green power for yourselves?

In the complaint filed against First Wind with the Dept. of Justice on Apr. 25,2007 under the Sherman Anti Trust Act , it was stated Our belief it exists solely for tax avoidance purposes. In the SEC report First Wind admitted they may have problems with the IRS. In May , 2006 UPC Management/Evergreen LLC/ First Wind/ First Wind Holdings(wonder why so many name changes?) announced it received a significant investment of new capital from D E Shaw. Larry Summers, managing director , was known among environmentalists for dumping toxic waste in third world countries. D E Shaw was closely tied to Enron and bought some of their assets. Remember the rolling blackouts in Ca.? The DEP in Maine allows First Wind to break the law. In Mars Hill, the wind farm built by First Wind is breaking state noise law. And ME is throwing out the red carpet ....legislature writes new laws to pave the way...This is progress? It seems to me our law makers care more about pay to play than helping the people of ME.

So this whole wind farm thing is just another big conspiracy?? I should have known. Why don't you put those Philosophy degrees to work and put out a nice informational pamphlet. You can call it "Breaking First Wind".

I love it, you wing-nuts suddenly can't stand the taste of your own GRANOLA. Well, go collect enough (legitimate) signatures from residents and get it on the ballot if you must. But make sure you use only recycled paper and hemp-based ballots. Hey, that gives me an idea. You can go after "Big-Recycling" next, those profit hungry @*&#^!s!

AntiTrust lawsuit would constitute evidence of a conspiracy. When all else fails start talking conspiracy. KGB tactics.

It was wonderful to see the democratic process practiced in Lincoln. They are a bit rusty and unfamiliar with it. It is wonderful to see it start to work. As with any under utilized process, the seated and empowered powers that be will try to utilize every vehicle to oppose it. Unfortunately, perverted process extends beyond Lincoln’s boundaries as well. What you see in Lincoln extends to other levels of government. It is only through citizen action and utilization of the process that our First Amendment Rights, and indeed our liberties as a whole in this nation can be preserved. Of course a group of citizens exist; what you are seeing in Lincoln is that the vested and self interested powers there wish they did not.

To bad. They live there too. Get used to it. The constitution and law is on their side. For the others, try reading and understanding it first, then comment on it. It is no longer about wind turbines in Lincoln; it is about citizen rights and a process bent from disuse. For that issue there is no “Expedited Process.”

"Citizen action and utilization" should start with voting for the people that you think represent your interests. If you don't like or agree with your elected officials, vote 'em out, run yourself, support the other guy, whatever. Try talking to your town councillors, the people we all know and live with, instead of portraying them as mindless puppets controlled by a secret corporate master. Your hippie roots are showing.

The decision of the appeals board could have been different. I would have liked to see a different outcome. Having said that I would like to point out that the Friends of Lincoln Lakes were warned that this issue was coming. They were told that they should come prepared to show that the group was a legal group when the appeal was filed. You know what, they dropped the ball. It is not up to the appeals board to do all the leg work for a group that filed an appeal. Why file an appeal and then incorporate? Seems like the lawyer for friends of lincoln lakes should have known better. I really do think the appeals board could have heard the appeal, but they were well within the law to raise the questions that they did. I agree with GurnBlanston. Talk to our elected officials, I have they are not bad people.

What is the Appeals Board afraid of, finding out that the Planning Board made a booboo? Must be so or they would have heard the appeal. Maybe a little bribery helped their decision. Harleyman, even a moron like you must know that the steadiest wind is offshore. ! windmill offshore will outproduce 4 inland. Mars Hill ran at 31% and that is a generous figure. That is very inefficient. The Friends of LL are not against any power. It must be sited correctly! Does this make any sense to you or has your vibrating Harley damaged your ability to think rationally? We could save oil also if Harleys didn't leak so much! Put that in your pot pipe and smoke it. Gurn Blanston, you are right about the conspiracy. If it was not for guaranteed taxpayer money these inefficient blowtoys would never be built. Wind is expensive power. Maybe offshore they could actually survive without the gov. propping them up. Why do we need a Planning Board or Appeals Board anyway if the ordinances are thrown out the window anytime some shmucks come to town throwing money around. Property Rights! Do anything you want and to hell with the environment or your neighbors. Let their property values sink! As long as you get your freebie money that is all that matters to you. Too loud like Mars Hill? Have the DEP raise the noise limit. They are in on it too. Sounds like Firstwind's data is not very accurate. Must have been a computer generated model that turned out to be nowhere near the real world situation. Should we trust any more of their data? The people too lazy to research wind power will believe anything FoulWind says.

If anything was wrong with our appeal Ruth Birtz should have said so as we had plenty of time to change whatever it was. Did she see something wrong and not say so? Our town officials are acting rather Kremlinesque lately. Our appeal is legal and signed by 2 Lincoln residents. As long as they both are Friends of Lincoln Lakes ,which they are, there is nothing to be questioned. Who are we dealing with here UPC,Evergreen,FirstWind D.Shaw or Iberdrola? Seems like if anyone's identity is questionable it is the wind cartel. If you like the government bailout of the subprime mortgages which were misused to buyout smaller banks, and if you approve of our tax dollars rescuing Chrysler which is 80% owned by multinational conglomerate Cerberus then you can approve of expensive government subsidized wind ripoff projects. Socialism seems to be the norm now for businesses. Why bother having a real business plan when you can get government freebies? Welfare should be for the needy not the greedy.

happycamper1, Take another bong hit man. You must have some really good stuff. PeAcE

Don't need that stuff. I enjoy hunting, fishing and camping. You can keep it yourself since I bet you never go outdoors. Keep on truckin'!!!

and this is surprising how? look at the makeup of the appeals board...rubber stamp of the do nothing council

It is my understanding that only 2 members of this small group of unbalanced megalomaniacs are actually registered voters in the town of Lincoln.

Don't go away mad - JUST GO AWAY. YOU LOST AGAIN...

Garysmom, I assure you that Friends of Lincoln Lakes is not a small group and is made up of residents of all the towns affected by the Rollins project and people who are non-resident property owners, who bring much to the community while demanding no services. As to your claim about only two being registered voters, get your facts straight before publishing. In the Appeals Board meeting, the FOLL attorney pointed out that on the incorporation papers, two of the incorporators are residents and property owners in Lincoln and the third is a native of Lincoln whose family has property in the area.Friends of Lincoln Lakes will not go away. We have a lot of support in the region. We not only believe that the Rollins industrial wind site is the wrong project in the wrong place but we also are committed to open public process in decision making, something that is sadly lacking in Lincoln as shown by the pre-determined outcomes of both the planning board and appeals board.

"Richard Hill, retired professor of mechanical engineering at the University of Maine, believes that wind power represents just a drop in the bucket of the needs of New England..."

source: http://www.istockanalyst.com/article/viewiStockNews/articleid/2500452

Harry, I mean mountainman, I noticed that you did not defend yourself on the facts that you are unbalanced and a megalomaniac.

The FOLL is a small group. A tiny group compared to the polulation of the Lincoln area.

Hi folks, I now think most of the public who wants this wind farm to go through in Gods country are desperate trying to reach for a promise that they know nothing about. There are many options outside of distroying the wilderness. This method of generating electicity will not make anyone rich nor will it benifit our tourists. I want to get in my boat and watch the eagles hunt not die in the arms of the blades. If the towns people want more taxes this is what you'll get as most camp owners will sell and get the hell out of town. I do not want this in my back yard. You will ruin the enviorment forever think about it. Now is the time to look at other options such as an updated hydroelectric plant, another type of wind generation using squirl cage technoligy that produces 50 % more electricity than the blade without sightly spinning and noise.Local and national monorail system . I just designed a personal wind generation plant at my home and build it with recyced parts and materials. Come on people you need a vision. As for the lincoln board you appear to me that you are deceitful in how you want this already corrupt case to proceed. What is your agenda? Do you have a vision other than to devistate the wilderness.Why didn't land owners who are tax payers get notification about the meeting. More to come as soon as I contact the land owners who pay the taxes around all bodies of water. In the mean time I will do everything in my power to put a legal halt on this till all owners involved recieve proper notification and a real town meeting.

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