Wind power fight goes to court
Energy

Wind power fight goes to court


Lincoln group claims its due process rights were violated

LINCOLN, Maine — The Lincoln Appeals Board denied the Friends of Lincoln Lakes group its due process rights when it rejected hearing the group’s appeal last month of the proposed $130 million Rollins Mountain wind farm, the group’s attorney says.

The Friends group filed an appeal of the board’s action Friday in Penobscot County Superior Court in Bangor. The appeal is one of the first to challenge an industrial wind project’s permit application in a Maine civil court, although it specifically targets the board’s rejection of the group’s identity on a technicality, said the Friends’ attorney, Lynne Williams.

In its first hearing since 2005, the board voted 4-2 on Jan. 8 that the Friends group had no right to appeal the town planning board’s Dec. 1 decision approving the wind project because the group was legally incorporated Dec. 31 but filed its appeal Dec. 15.

Under the board’s General Conduct regulations, the appeals board “decides whether the applicant has a right to appear before the Board,” the regulation states. With the group’s identity in question, the board majority felt it had to reject hearing the group’s complaint, board Chairman Alan Grant has said.

“This standard is vague, and gives no notice to an appellant of how the Board will make that decision,” Williams wrote in her four-page appeal. “Since this Board rarely meets, there was no evidence from other appeals about what information appellants would be required to produce. With no articulated standards, the Board was free to make a decision that in the final analysis was arbitrary and capricious.”

Grant disagreed with Williams’ interpretation.

“The board feels very comfortable in its decision and we will await the appeal and its results,” he said Tuesday.

The Town Council also awaits the appeal, council Chairman Steve Clay said after a council meeting Monday.

In a town where builders have been known to begin constructing buildings before they have permits, group members found the appeals board’s legalistic argument absurd, Williams said.

“Boards like this, if anything, should err on the side of caution and listen to citizen complaints,” Williams said, noting that she and the attorney appointed by the town to advise the board, Timothy Woodcock, gave the board several options besides rejecting the appeal.

First Wind of Massachusetts wants to build 40 turbines, each generating 1½ megawatts, on ridgelines in Burlington, Lincoln, Lee and Winn. Transmission lines would be built in Mattawamkeag. The project would generate at least $400,000 in tax revenue for the town annually, town officials have said.

The project needs approval from the other towns, the Maine Department of Environmental Protection and the U.S. Army Corps of Engineers. The DEP is holding a public hearing at 6 tonight at Mattanawcook Academy to hear residents’ comments on the industrial project, said Jim Cassida, DEP’s licensing coordinator.

“The application is still in process with us,” Cassida said Tuesday. “We are still receiving comments from our review agents. We will be compiling all the information we hear tomorrow night as part of our review.”

Project proponents have praised First Wind as a conscientious creator of wind power, saying the Lincoln Lakes project would create as much as 60 megawatts of pollution-free electricity in peak winds.

The Friends group contends that the turbines would threaten human and animal health, lower land values with light flicker and low-decibel sound, violate at least three portions of town zoning law and typically generate a fraction of their capacity.

In the two-page appeal she planned to give to the appeals board, Williams said the planning board’s approval violated its own, and most other, municipal land-use ordinances for residential zones.

Williams claimed that the board’s decision effectively defined the farm’s 40 380-foot turbines as major public utilities, which, she said, are typically considered “electricity, water, sanitary, sewer, storm water drainage, telephone and cable television” associated with residential uses in the R-1 and R-2 zones.

Public meeting on wind project

WHO: Maine Department of Environmental Protection.

WHAT: Public meeting.

WHERE: Mattanawcook Academy of Lincoln.

WHEN: 6 p.m. Wednesday, Feb. 11.

WHY: To receive comments from the public regarding First Wind of Massachusetts’ proposed $130 million Rollins Mountain wind farm for Burlington, Lee, Lincoln and Winn as part of the agency’s review of the project.

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28 comments on this item

"Project proponents have praised First Wind as a conscientious creator of wind power..."

Conscientious??? Ha!

Just look to NY State where subpoenas were recently served on First Wind. They are part of an investigation into whether First Wind improperly sought or obtained land-use agreements with citizens and public officials; whether improper benefits were given to public officials to influence their actions, and whether they entered into anti-competitive agreements or practices.

FOLLOW THE MONEY and you'll see why First Wind is trying to stonewall the people of Lincoln.

You opponents out there want to be careful. It is what the majority wants. You won the election and this new power is the way to go. Your President wants it bad, so stop fighting and jump on.

>>>> CAUTION <<<<

ONE OF THE MEMBERS OF " the friends of lincoln lakes " TRIED TO BURN DOWN THE TOWN OF LINCOLN A FEW YEARS AGO. SHE BURNED DOWN THE LAKE MALL IN LINCOLN. " BIRDS OF A FEATHER ". IF THIS GROUP DOES NOT GET WHAT IT WANTS, THEY MAY FINISH THE JOB THAT MS. KUSTIS STARTED.

Wow! Garysmom, are you saying that this person is an arsonist? That's a pretty strong charge. Is there evidence?

Hooray for Friends of Lincoln Lakes and attorney Williams to challenge the way the town has handled the local permitting for the First Wind project. As an outside observer, I have found the citizens of Lincoln have been denied input into a decision that has permanent, community altering ramifications. The Lincoln Planning Board never studied the voluminous, mind-numbing application before rushing to permit the project, clearly violating its own land use ordinances. This is a sprawling, noisy, health-threatening intrusion into rural residential zones! When citizens of Lincoln tried to question the application, the planning board restricted speakers to 2 minutes! What kind of democratic process is that?! If I lived in Lincoln, I would be angry about such a shoddy process. I hope Lynne Williams wins and scores a victory for citizens' rights!

Linkesc14: Your grammar needs some correction. Unless you are not a citizen of the United States, it would be OUR president. The majority of US citizens have had to deal with the consequences of the opression of the last eight years by the minority who bought an election in 2000. Obama is OUR president, minority and the majority.

As for wind power being the way to go, you're right. I find it odd that the "people" of Lincoln are against wind power when they live in a town that stinks like toilet. They don't mind the pollution and ode de toilette that the mill puts out but they do mind if someone builds a wind farm that will create green energy. It's okay for my town to smell like an open sewer but we can't have green energy here! Get over your NIMBY attitudes and embrace the future. If you don't like wind power, unplug your house from the grid and get rid of you internal combustion engines.

As Mahatma Gandhi said, “First they ignore you, then they ridicule you, then they fight you, then you win.”

milomaine,

If the mill stinks that is not good for the health of the community. Putting up wind turbines that will cause a cascade of negative consequences ranging from Wind Turbine Syndrome to erosion of property values will not make the mill stink any less, it only compounds the problem. There are lots of ways we can reduce our consumption of energy starting with insulating all the old buildings and putting in more efficient heating systems. Land based wind energy will always be a tiny piece of the energy puzzle that does not justify the sacrifice of the health of nearby residents or the destruction of Maine's scenic resources and wildlife habitat. The wind industry feeds on US taxpayers to satisfy it's self proclaimed "appetite for tax benefits". Maine deserves better than to be the target of this rapacious industry. The sooner Mainer's wake up to the truth about industrial wind the sooner we can go about the business of making real progress in energy conservation and renewable energy production.

The best of luck in your court appeal. First Wind is not the answer and the whole deal is just wrong. I truly wish the people would listen to the facts from The Friends of Lincoln and stop this terrible misuse of taxpayer money and natural resource.

Why are we not using and in fact destroying existing hydro power? I have never undestood that strategy.

First wind is not to be trusted. Believe me I know. I live beside the Mars Hill wind farm and we were told multiple lies by first wind. We were told they would be quiet. I can hear the turbines clearly inside my house, oftentimes over the television. I am on 3 medications to try to sleep at night. Many people around the base of the mountain are developing health problems. We have all seen a reduction in our property values and some have seen damage to foundations,etc. due to the extensive blasting that was done. I hope the citizens of Lincoln are able to maintain their quality of life. In Mars Hill we were not given a chance to voice our opinion. The town manager and town council were manipulated by First wind and our quality of life was gone.

W.W.J.D.D. ? What would john denver do? He wouldn't let someone ruin a beautiful mountain for this wind power hoax. Just because you greenies CAN'T BY A SHIRT WITH THE MOUNTAINS NAME ON IT (Cadillac Mountain) (Sugarloaf) doesn't mean its not special to the people around it.

I just read on windaction.org a letter that was written and sent to Govorner Baldacci. It was from the Staff and the chief of Staff at a hospital in Rumford that are calling for at least a one year moratorium on wind farms in the state of Maine citing health risks. But then I suppose the people of Lincoln, the town council and our Govorner know best. I guess we should all just go along with them and not even wonder if what mountaindweller says might hold some truth to it. People seem to be so greedy nowadays that they forget, they will have to live with these things for years, and if they decide later they can't stand the noise, or living near them, they will loose everything they have ever worked for to move away from them. Who else will buy your homes if you can't stand to live there? Or maybe you will just have to start taking 3 medications a night, like mountaindweller has to, just to be able to get some sleep in his own home. Do you think you will all get work when they come to town? They hire very few from the local area, they are usually hired as guards. Yes, the hotels and stores in Lincoln maybe booming for the year it takes them to put there Industrial Plant on the hillsides that Lincoln was so proud of. Whatever happened to the HOME OF 13 LAKES? Our Govorner doesn't care, the town council doesn't care, guess the local landowners who sold there land, do not care. It's a real shame, whats happening to Maine. What would it hurt to wait a year or even more, to see how they work out for other states, before we ruin everything that Maine has stood for, for years?

Well the word is in folks. There's two dozen people and a doctor in Rumford against wind power...we better scrap the project!!!

focus541 is scraping his wind power project!!!! yes!!!!!!

Focus541, your just too funny! Trying to make light of the health of people who live near these Industrial sites. More and more comes out every day about the health problems of people who live near wind towers. Nina Pierpoint also has very good information about the health problems of living near these. The people near the Mars Hill site are having health problems. I have read about alot of other cases of health problems associated with wind towers.It sounds like you would like to cover up the problems, and ignore them, so that you wind people can make lots of money, to heck with the people who have to deal with being sick in their own homes. If you would like to prove all this wrong, why don't you build a nice home right under a wind tower and try to live there? See how you feel then....

Right on Steve Thurston!

We would get a much bigger bang for our buck if we took the tax money that First Wind and the other wind sompanies are getting and put it towards hiring local people in EVERY TOWN to winterize our homes. For that money, we could do most of the buildings in Maine. And THAT would be a lot of jobs. Not just the piddly number of jobs that are promised by the wind companies. These jobs could pull us all up economically, and our utility bills would drop through the cellar. With wind, we will be carged higher taxes AND higher eletric bill ($1,400,000,000) for the extra transmission line capacity that we don't even need.

Personal insults and accusations don't do much for a real conversation about what is right for Maine.

Oh yeah,

And garysmom,

I've asked the BDN to remove you and your slander from the comment area.

Malacious attacks are the actions of a very cowardly person. Unless, of course, you would like to give us ALL your real name. Because some of us would love to have a face to face with you.

marybeth147, I think Garysmom is getting desperate with her slanderous remarks. She is finding out more and more people are going against Industrial Wind power scams, so she is lashing out trying to make the public take their side, by TRYING to make the Friends of Lincoln Lakes look bad. Instead it backfired on herself,and she is the one who looks bad. Seems that is also happening to the wind Blowers. People are reading and learning and

deciding for themselves that this is NOT a good thing for Maine. Mainers are coming to the front and fighting for OUR state!!! First Wind, Evergreen Wind, UPC wind or whoever you claim to be for the moment, its time to pack up and go home to Mass! Put the towers in your back yard, maybe you will loose less power in getting it there that way! YOU are bad for Maine and OUR way of life. We are onto your scam.

Marybeth 146 and rubyrose, Looks like I hit close to home with you two girls. The company you keep speaks very loud as to who you are.

I fear for my safety if you were to know where I live. I have met you face to face. I go to the meetings. Choke on that.

garysmom, YOU know nothing of the company I keep, and as far as you fearing for your safety, if I knew where you lived, you must be crazy! Why fear the people who are trying to keep Maine the way it is? Most of the people fighting to keep them away, are very peace loving folks! And also you DO NOT KNOW who I am, because I do NOT got to the meetings! Choke on that! How much money will YOU make by letting these guys run Maine? There has to be something in it for you to be so defensive! I will not answer any more of your stupid comments. So choke on that.

garysmom,

Oh you silly little girl. I was only talking about sitting over a nice cup of tea and having a civil conversation. I'd be happy to meet you at one of those meetings. Next time make it a point to speak to me. You have nothing to fear. You don't have to be afraid of me. I am a very friendly, person. I didn't say anything about wanting to know where you live. I couldn't care less, really. I would just like to put a face with a name, that's all. We are all adults here. You don't have to be paranoid, though. Unless, of course, you are embarassed that someone in town would know the kind of unchristian things that you say against your fellow Americans. So, garysmom, see ya at the next meeting! Lets chat! If you'd like to get together before that, you could come to one of our meetings. We'd love to have you on board.

More than likely garysmom works for First Wind. Friends of Lincoln Lakes had to shut down their forum for community comments because of the vile nasty comments similiar to garysmom. They make ridiculous personal attacks as the facts are not on their side to win a debate. Remember the rolling black outs in California ? The Enron executives thought it was funny that grand mothers were going without power. Cost California 6 or 7 billion dollars. The same company , D E Shaw , that keeps First Wind afloat bought up a lot of Enron assets ...old Enron executives came with the package.Remember when the planning board approved the wind farm without citizen input...and the First Wind employees were blowing kisses. It is this same unprofessional behavior as some of the pro wind farm commenters here. It is a shame that Lincoln has to pay tax dollars to hire lawyers now ...but they brought it on themselves by forgetting this is a democracy in ME. Money makes some people go a little daf. I'm sure it has been waved in front of the planing board members' eyes, if not in their pockets.

First Wind is now saying they are based in San Diego not Mass. ....as that is where the transmission lines will go in Obama's stimulus package. Soon they will pack up and leave the state. The one thing that hurts them is an informed population. They are planning on building a wind farm in Utah to power Southern California. Their old stomping grounds back when they were called Enron. ME will be left with 2 wind farms ..problems with the turbines as they are defective. First Wind had to buy them as they were built..so Clipper Wind sold First Wind a lot of turbines that were no good. ME will be stuck with them. Thanks Gov. Baldaci. Yahoo has a lot of information on them. Wikipedia is scrubbed. The reason First Wind has to pay cash? Check out Surplec's lawsuit for non payment of a transformer used in Mars Hill.

The article states that the wind farm project "would generate AT LEAST $400,000 in tax revenue for the town annually." As a landowner and taxpayer in Lincoln, I would like to know specifically how this figure was arrived at, and how the town plans to utilize this money to offset the burden to the taxpayers (or does the council already have other plans for the money?)

Herboxide: Very good question! It is being negotiated right now, behind closed doors, at Eaton, Peabody in Bangor. Let's see, the Town of Lincoln attorney from Eaton, Peabody (paid for by First Wind) is negotiating with the First Wind attorney from Eaton, Peabody to craft a Tax Incentive Finance package. Does anyone see a conflict of interest there? Does the term collusion come to mind?

The Rollins Project is a tax subsidy plantation, not a "wind farm". So shortsighted and compliant is the Town of Lincoln, it will heap on its local subsidy in the form of a TIF. Ruth Birtz, the Lincoln Tax Assessor, is the one who keeps talking about the $400,000 figure. Usually a TIF is 60% forgiveness of taxes to the developer over a period of time such as 20 years. So, working backwards, if the Town of Lincoln were to say to First Wind, pay your full share of taxes, that would be a million dollars per year. Since the project will so radically alter the town and devastate forever much of the town's natural resources, the Town of Lincoln should also levy an impact fee. A good impact fee would be 50% of the earnings from the Production Tax Credit from the turbines within Lincoln limits. Then see if First Wind wants to come to town.

By the way, the answer to the second part of your question is that by state law money that is "sheltered" by the Town through a TIF may be used only for certain types of expenditures; this money cannot just go into the general fund. You bet your local politicians have plans already to spend it! As a result, only the TIF money that is spent in lieu of what would have been included in the general budget or capital improvement budget creates any tax savings for residents. Don't expect much. As Merle C. from Mars Hill put it to me on Jan. 18, 2009: "we had our property tax reduced by $151. Our health and wellbeing have been so ruined that I would pay double that to have them shut down the turbines."

I spoke with Ruth earlier in the fall. She said that the money will go to the sewers.

Ha, that could have more than one meaning......

We all know, realistically as landowners, taxes never go down. In addition to the sewer project, the lincoln administrators want a new multi-million dollar town office so bad that they can taste it. This project would bring it within reach. But at what cost to us? Don't ever think that our taxes will go down. In fact, I believe that anyone who fights this project is at a higher risk of having their taxes go up. Just wait and see.

Nothing prevents First Wind, or Record Hill Wind from appealing their tax assessment to the state appeals board. The appeal board can establish value using either of three methods:

1.The Cost Approach to value uses cost manuals or estimator programs, or actual cost information to determine the replacement cost new of a facility. Then all types of depreciation and obsolescence are factored in to arrive at a value conclusion.

2.The Market Approach researches and identifies market transactions, adjusts those transactions according to specific criteria of the subject property to yield a value estimate based on comparable sales.

3.The Income Approach basically consists of direct capitalization or discounted cash flow analysis to estimate the property's value based on its income producing potential.

Naturally First Wind or RHW LLC will argue for the valuation method which is most beneficial to them. If the Income Approach is most beneficial they may argue that the project operates at a net loss because the production tax credits may not carry over to the balance sheet, the accelerated depreciation will offset significant portions of their income from the sale of electricity, etc.

These wind projects work because of beneficial tax treatment that allows income (tax credits) to be sheltered and expenses (depreciation) to be maximized. In order to protect the town from a loss of promised property tax payments on an appeal to the state property tax appeals board, some condition about minimum tax payments should be included in the DEP's decision on this project.

The Friends of Lincoln Lakes could have filed differently if Ruthie or Lisa had requested it . They took the appeal and HAD AN OBLIGATION TO TELL US IF ANYTHING WAS AMISS OR NOT CORRECT.So if anything was wrong then it is the town's fault. Nothing was wrong , we filed as a group to save 200+ people from duplicating the appeal process and saving the town some paperwork. The Planning Board and Appeals Board have a few qualified people serving but the majority are self serving and should never have been appointed. Hopefullt the Court will right an obvious wrong. Wind projects need to be sited correctly not haphazardly with no care given to health, ecology, or scenic aspects. Welfare for the rich has gone on long enough and gov. subsidies for all energy companies needs to stop. We could conserve and use low energy consumption appliances and make way more of a difference than investing in erratic and EXPENSIVE wind power. Wind power is about harvesting the tax breaks not about the wind. We have a responsibility to the environment and ruining the hills, ridges and OUR 13 LAKES is not accepted and will not be tolerated. Sportsmen and women unite!

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