THREE MILE BAY — Backtracking from earlier promises, the Lyme Town Council won't set up a committee to work on a new survey of town residents' feelings about wind power development.
Instead, the council, at a work session on Tuesday night, agreed to two statements to be listed on the survey. Councilwoman Anne M. "Boo" Harris opposed the measure and Councilman Michael P. Countryman was absent.
Wind-power opponents have begun expressing their ire at the decision to go with the two statements.
"They will ask if we favor more or less restrictive setbacks — that's not a choice," said Scott C. Discount, Three Mile Bay. "I'm surprised their only fear is lawsuits from pro-wind people if they have exclusionary zoning."
On June 15, the council agreed to conduct the survey, which would be developed by a committee. Thoughts ranged from a simple yes-or-no question about commercial wind development south of Route 12E to sending out a revised version of the survey that was conducted in 2007.
That survey showed a majority — 52 percent — of respondents wanted wind power facilities in the town. But two questions on setbacks were later considered vague and the zoning law passed in 2008 was knocked down by a protest petition from wind power supporters.
The new survey would ask respondents to choose between "the more restrictive setbacks that were proposed in the original wind law" or "the less restrictive setbacks" on wind farms north of Route 12E.
Mrs. Harris wanted to see a revised version of the 2007 survey that included a straight yes-or-no question, which could lead to zoning out commercial turbines.
"They said we can't ban them and I don't believe that's true," she said. "I said you could sue for anything."
Supporters of commercial wind development accept the survey options, saying the statements have less room for error or misunderstanding.
"We are supportive of the proposal passed last night and we will await word on the results," said Dawn M. Munk, a member of Voters for Wind.
Supervisor Scott G. Aubertine forwarded the two options, which first appeared on his blog on Saturday.
"It's a no-win situation for the town board," he said. "If we chose to exclude them, Voters for Wind would take us to court."
But those opposed to commercial wind development have asked for the 2008 law proposal to be passed, but "now it's not good enough," he said.
At its regular meeting at 6:30 p.m. July 14, the council will discuss whether to use the property tax rolls or voter registration list to send out the survey.
Mr. Aubertine said the town will need volunteers to mail out and collect results, tabulate them and ensure that one person gives no more than one response.
The council wants the survey done and a law adopted before the wind power moratorium runs out in October.
During the work session on Wednesday, the council also agreed to increase the limit on noise created by turbines at property lines to be six decibels above ambient noise levels. The 2008 proposed law allowed five decibels.
The council did not set another session to work on the law. They will wait to see what the survey results are, Mr. Aubertine said.
"We aren't going to win no matter what we do," she said.