Application for wind farm in Clayton again delayed

CLAYTON — The town Planning Board approved a request by Horse Creek Wind Farm developer Iberdrola Renewables to extend a suspension of its application for a second year.

In June 2008, the board approved a one-year suspension. When that period ends May 15, the second yearlong period will begin.

Jenny L. Burke, business developer with Iberdrola, reiterated that the effects of a mysterious fungal disease on bat populations was the main reason for the original suspension.

"The major reason was white nose syndrome," she said. "There was so much uncertainty on the impacts it would have on the region."

She said biologists are returning to caves where bats spend the winter now and are seeing more dead bats. Iberdrola staff will meet with the U.S. Fish and Wildlife Service in the next few weeks to see what would be required in a biological assessment, part of the process for an endangered species incidental take permit.

"It didn't look like we could get a permit," she said. "Now we're going to give it another try to get our permit."

Board member Paul E. Heckmann asked, "Do we have a serious application or not?"

"We are very serious," Ms. Burke replied.

Mr. Heckmann said, "There's a lot of friction in the town and it's not worth it if we don't have a serious application."

Planning Board alternate Duane C. Hazelton asked whether Iberdrola had signed the state attorney general's Wind Industry Ethics Code, which was designed to cut down on conflicts of interest and increase transparency.

"We are working towards signing a document with them," Ms. Burke said.

"The actual document has not been finalized yet. We would sign it once they have made it official."

The Planning Board's resolution was conditional on the developer signing a code of conduct before it brings its application back to the table or by May 15, 2010.

Ms. Burke sent a letter to Planning Board Chairman Roland A. "Bud" Baril on March 19, requesting the second extension.

He said he initially was concerned with the application and whether it would be considered under the town's current wind zoning ordinance or under an amended law, if the law were amended.

"You have not started a review of an application yet," town attorney Joseph W. Russell said. "The majority of the work you have done to date is on the SEQR process."

The state environmental quality review considers a wide range of environmental effects of any development in or legal action by a town.

"The biggest drawback of not extending the suspension is that when the applicant comes back, you have to start from scratch," Mr. Russell said. "Other involved agencies could say they want to be the lead agency in the process."

He cited the state Department of Environmental Conservation's move to take lead agency status in the Galloo Island Wind Farm and said this decreased local control and the town's level of experiencewith the SEQR process.

Ms. Burke said the developer would adjust the layout as necessary according to any zoning law that is passed. That would be reflected in a supplemental draft environmental impact statement.