A Tale of Two Cities

Different Outcomes for Small-Scale Wind in New Jersey and Maine

Gary M. Kaye
October 6, 2008 Undated – Even as Congress was approving the first-ever tax credits for small scale wind installations, it became clear that the battle for small scale wind is going to be won or lost in local zoning boards across the nation. For advocates of small-scale wind, one week in September was the best of times, and the worst of times. What took place in one town in New Jersey, another in Maine, illustrate the old Tip O’Neill saying that “all politics is local”.

In Wayne, New Jersey, Robert Burke, owner of the Wayne Auto Spa, had gone to the local town planning board, seeking approval to install a small wind turbine to add to the renewable resources already deployed at his car wash, including solar panels. At the time, Burke believed that his turbine fell well within existing zoning guidelines. Not everyone agreed. The mayor of Wayne at the time, Scott Rumana (R), who then went on to become a New Jersey State Assemblyman opposed the turbine, with the support of one of Burke’s abutters. Rumana went on to sponsor an ordinance that ultimately made it to the Wayne Town Council effectively banning wind turbines from virtually the entire town.

On September 5th, the Wayne Town Council unanimously voted to approve this ordinance:

LEGAL NOTICE
ORDINANCE NO.69
2008
TOWNSHIP OF WAYNE
COUNTY OF PASSAIC
STATE OF NEW JERSEY

AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 211
(ZONING) OF THE CODE OF THE TOWNSHIP OF WAYNE
BE IT ORDAINED by the Municipal Council of the Township of Wayne in the County of Passaic, State of New Jersey, as follows:
SECTION 1. Chapter 211 (Zoning), Article XIX (Conditional Uses) of the Code of the Township of Wayne is hereby amended and supplemented by adding a Section 211-126 to read as follows:
§ 211-126. Wind electric systems.
Wind electric systems, wind turbines, windmills, wind generators and their support structures shall be prohibited within 1,640 feet of the extreme limits of any residentially-zoned or residentially-used property, or any property used for schools or day care centers.

Neither Mayor Christopher Vergano, nor Assemblyman Rumana, nor any of the six members of the Wayne Town Council who voted for the measure was willing to comment publicly to Zero Energy News on their vote, nor were they willing to come on television at the invitation of Fox Business News. However, Vergano did tell the Bergen Record, “When you look out your back door, you don’t want to look at a nuclear power plant, you don’t want to look at a wind turbine,’’ … “We are protecting the values of residential properties by keeping them [at] a certain setback.’’

Some of those who argued against the turbine claimed problems with shadow flicker, noise, and even the possibility of ice flying off the turbine blades during the winter. Andy Kruse, co-founder of Southwest Windpower, which had intended to supply Burke’s turbine refutes all the arguments, saying, “There has only been one case of shadow flicker causing a problem. That was in northern Germany where a turbine overshadowed a business park. But that tower was 240 feet high and had blades with 190 foot diameters. And because they spun at a slow 25 RPM, they created the flicker, forcing the operator to shut down the turbine during working hours. But Kruse points out the 12 foot blades intended for the Wayne Auto Spa would be spinning at a much faster 300 RPM, creating much less opportunity for flicker. At the same time Kruse says, there have never been any reports of anyone injured by flying ice from turbine blades.

One neighbor, Kimberly Scott, concerned about the danger to an adjacent day care center said, "You will see there's something called the wind turbine syndrome, which is from shadow flickering… The low frequency noises … all that can cause neurological damage."

Burke isn't buying that rationale, "There's 300 of them at schools around the country," he said. "If these things are so dangerous why are they at schools across the country?" In fact, Burke points out that an already approved co-generation plant in Wayne calls for a wind turbine near a high school.

Kruse notes that despite the current call for energy independence, people are slow to accept things they don’t understand. He points out battles over backyard satellite dishes, cell phone towers, and more recently even solar panels in some residential neighborhoods.


Kruse says the battle for small-scale wind has had its ups and downs, “I’ve seen some positive outcomes and negative outcomes. In the case of the negatives, almost exclusively the people who were proposing it didn’t have the facts. Every time it was rejected, it was rejected on fear and not on fact.” Kruse notes that one argument, that property values will decrease from a nearby wind turbine, has been refuted by a recent study done by researchers at the University of California at Berkeley. He also points out that the best way to counter the anti-turbine forces is to come into the fray armed with studies, facts, third party data, and proof that the turbine complies with already existing standards such as those established by the European IECC.

Robert Burke claims that he had the facts, and that both the Planning Board and the town council refused to allow him to present various supporting materials. He claims there was more going on than just a battle for a turbine, he admits he may have ruffled the feathers of the town’s primarily Republican political establishment by promoting a candidate to run against the presumed successor of then Mayor Rumana, current Mayor Christopher Vergano.

While in Wayne, the town was rejecting small scale wind, the town of Cape Elizabeth, Maine, was welcoming the technology. The town council approved a zoning ordinance measure that will allow small wind energy systems to be built on privately owned land. Town Manager Mike McGovern told the Portland Press Herald that Cape Elizabeth is one of the first towns in Maine to adopt standards governing windmills that could generate power for homes. Officials said it's unlikely the town will become overrun with windmills, noting that the ordinance requires a minimum lot size of 20,000 square feet – about one-half acre.


A study by the town's Ordinance Committee showed that there are more than 800 lots in town larger than 20,000 square feet, out of a total of more than 4,400 lots.
Though it's unlikely that very many residents will take advantage of the changes that take effect in 30 days, a majority of councilors said anything they can do to reduce America's reliance on fossil fuels and foreign oil should be a goal. "We need to do everything we can, within reason, to wean ourselves off our dependence on oil and fossil fuels," said Councilor Paul J. McKenney. "This is just one small measure that could have a large payback."
Officials said the town began looking seriously at developing alternative energy sources in 2006. Last year, a resident inquired about erecting a windmill on his property but was told that the town's zoning did not allow it.
This summer, the Ordinance Committee began exploring the feasibility of allowing windmills on private land, said Councilor Cynthia Dill. Dill said her committee looked at developing standards such as those governing setbacks and height restrictions for windmills. Dill said the new ordinance restricts windmills' height to no greater than 100 feet.
"I think it's a great experiment, but the worst thing we can do is allow windmills to be put in tight places and have the neighbors complain," said Council Chairwoman Mary Ann Lynch. Lynch's motion to amend the proposal to lots larger than 40,000 square feet failed.
Dill said standards such as those limiting noise to 55 decibels and requiring all wiring to be underground should address residents' concerns.
Councilor David J. Backer opposed the ordinance change, saying he fears windmills will obstruct views. "In Cape Elizabeth, a view of the ocean is tremendously valuable," he said.
The measure passed 5-2, with Lynch and Backer opposed.

Postscript in Wayne

Three weeks after the Wayne Town Council approved the anti-turbine ordinance, Robert Burke returned to Town Planning Board, seeking once again to have his turbine approved under what was at that point still the existing town zoning rules. Once again he was turned down. Burke has begun legal action against the town. And while Burke may have lost the battle, he still hopes to win the war. He’s been called to testify before a State Assembly Committee considering a bill that would make wind turbines, solar, and other renewable technologies “inherently beneficial” for land use purposes. If appoved it would presumably simplify zoning for those projects.

The battle in Wayne reflects a broader issue. Ron Stimmel, who handles small scale wind issues for the American Wind Energy Association points out that there are some twenty-five thousand different zoning entities across the United States, each with its own set of concerns. He likens the problem to the debate over the siting of cellular towers, which wasn’t resolved until Conress approved the Telecommunications Act of 1996, which put the burden of fighting against a cell tower onto the localities, and said health issues were not a valid objection. But Stimmel says despite the current concerns over energy independence, he doesn’t see wind turbine siting as an issue that’s likely to generate Congressional action anytime soon.