May 9, 2008 By Amy Zalar 4 min read

Two Fayette County commissioners on Thursday directed the county solicitor to intervene in a court case between the would-be developer of a proposed wind turbine project and the county zoning board, while one commissioner said doing so sets a bad precedent. Commissioners Vincent Zapotosky and Angela M. Zimmerlink directed solicitor Joseph E. Ferens Jr. to file a motion to intervene in the case that involves appeal of denial that would have allowed construction of 18 wind-powered turbines in Georges and Springhill townships.

Ferens explained that by filing the motion, he is essentially petitioning the court on behalf of the commissioners to ensure that the zoning board did what it is charged to do under the law.

Zimmerlink said she wanted the notice filed to ensure the zoning ordinance was properly enforced and to confirm that the zoning board didn’t act in a legislative manner.

Zapotosky said he believes intervening is necessary.

“We are intervening to ensure in the end the right thing is done. It gives us the opportunity to play a part in this process,” Zapotosky said.

Commissioner Vincent A. Vicites voted against the motion, saying it sets a bad precedent. He said the zoning board, which made a decision earlier this year to deny a request for a special exception that would have allowed construction of the wind turbines, is a “quasi-judicial body.”

Vicites said he didn’t feel comfortable with the action, adding that zoning board members were appointed to do a job and the commissioners didn’t testify or hear testimony.

“I’m not against windmills. I just want to see this handled right. This could come before the county commissioners at a zoning hearing. I have to vote my conscience,” Vicites said.

Vicites and Zapotosky agreed that the case will be decided by the court.

Last month, PPM Atlantic Renewable Energy Corp., based in Portland, Ore., filed an appeal regarding the denial of a special exception request, saying the zoning board improperly denied the request. The zoning ordinance allows windmills of up to 250 feet in height, but the current industry standards are now 262 feet.

The denial of a special exception for a wind-powered, electricity-generating facility and a variance from height and setback requirements affects a significant portion of a project called the South Chestnut Windpower Project. The plan included construction of a total of 24 wind-powered turbines in Georges, Springhill and Wharton townships.

Four days of testimony was held on the matter, and people both in favor of and against the project testified.

Those who testified included company officials and neighbors, as well as owners of Laurel Caverns in Wharton Township, who expressed concern that locating the windmills at the site could potentially kill the entire bat population at the caverns.

All the windmills were to be located on land zoned A-1, agricultural/rural.

Although the Wharton Township zoning board approved the request for the windmills in that township, the project can’t proceed without all the windmills for the project. Several people also spoke earlier this week at the Wharton Township supervisors’ meeting in favor of the project.

Several people also spoke at Thursday’s commissioners’ meeting regarding the project.

Attorney John Kopas, who lives in Georges Township with his wife and two children, said he doesn’t think the view shed would be negatively impacted.

He said the wind turbines are clean and modern looking and serve a great purpose. Kopas said he owns a vacation cabin near the proposed site where he visits on weekends and is in favor of the project.

Kopas also asked the commissioners to correct the zoning ordinance, which allows the towers up to a height of 250 feet.

Nolan Sutton, a property owner involved with the project, said he feels the zoning board made a mistake by denying the request.

Eric Williams, who lives about 3,000 feet from the proposed site of one of the turbines, said it is easy to support the project if you don’t live on the mountain. He said moving that turbine away from several homes would be a win-win situation.

He said the Jumonville cross is 60 feet high, and at 405 feet, the proposed windmills are six times taller.

Tanya Cellurale asked what the point was to have various boards if the commissioners will intervene anyway.

Zapotosky said the commissioners are merely trying to ensure the zoning board is operating the scope of what they are charged to do.

“We’re not going to be part of the decision-making process,” Zapotosky said.

Ferens said he believes arguments on the case will be made in June.