by Kieron Kramer
During its regular meeting on Thursday, August 12, the Berlin Town Board voted unanimously to pass Local Law #1 of 2010, also known as the Wind Energy Conversion System Construction Moratorium. This law prohibits the construction of wind energy conversion systems, commonly referred to as windmills or wind turbines, between the heights of 35 and 300 feet for one year. As Town Supervisor Rob Jaeger said, the intent of this law is not to prevent windmills from being constructed in the valley but rather to give the Town time to develop a law controlling the construction so that they will be built in a safe manner and with stipulations that will protect the Town and the individual property owners in the Town. For instance, the fees and fee schedules will have to be set to compensate the Town for the consultants and lawyers that will represent the Town’s interests, as is the case in the Cell Tower Law. A requirement to dismantle the windmill within 30 days of cessation of service from the unit and to return the land as close as possible to its original condition needs to be codified. A requirement for an environmental impact statement (SEQR) is also part of the law. If the Planning Board, the Code Enforcement Officer and the Zoning Board of Appeals can develop a windmill construction ordinance in less than a year, the Town Board will vote on it, and it will supersede the moratorium.
The regular meeting was preceded by a public hearing on the local law at which there was no opposition voiced to the moratorium, but there were serious suggestions and questions raised. One was raised by Planning Board Chair Pam Gerstel who thought that the term windmill was not comprehensive enough. “Should we have included wind turbines?” she asked. After a brief discussion the pharaoh of phraseology, Board Member Carl Greene, came up with “wind energy conversion system” to replace the term windmill in the law. This change was not necessary, however, since on page 2 the law defines windmills as “any unit designed to utilize wind power to generate electricity.” The second question was raised by Billy Hammersmith who wondered how 35 feet became the low end in the moratorium. Hammersmith is in the process of constructing two 50 foot windmills on his property that he referred to as “homeowner windmills.” Presumably, the distinction between “homeowner windmills” and other windmills is that the homeowner windmill is not a commercial investment and will provide part or all of the electricity used by the property owner. There are ways, currently, of selling excess electricity back to the electric grid utility, but never mind that. Hammersmith was assured by Town Supervisor Rob Jaeger that since the project had started and the materials are on order the Board could pass a waiver for the project under the “undue hardship or practical difficulties” provision of the law. “We are not trying to be hard-asses about this,” Jaeger said. Hammersmith also asked why 300 feet is the high end of the moratorium and asked if a windmills taller than 300 feet could be built without violating the moratorium.
The Berlin Board is philosophically opposed to interfering with property owners’ rights. As Board Member Carl Greene said at this meeting, “I don’t like anything that messes with people’s property rights,” and added, “but after looking into it it [a strong windmill law] protects the Town from lawsuits caused by violations of special use permit procedures.” Jaeger said, “I agree with Carl; I don’t like to tell anybody what to do, but if a big company comes in, sets up and then abandons the project who will [pay to] take down the structures?” And, Billy Hammersmith, referring to the wind turbine at Jiminy Peak, said, “8,000 blocks of ice came off the Jiminy blades this winter, and they have a barricade 250’ around the turbine.” Having a block of ice crash into your breakfast nook in February would not be cool.
Fish Story
Highway Superintendent Jim Winn has met with representatives from the DEC and US Fish and Wildlife concerning the replacement of the Southeast Hollow Road bridge with a giant culvert. The application has now been sent in to the DEC, Winn said. “They are not happy about the culvert; they want a bridge,” he said. He told the DEC guy that “Berlin will put in a bridge if the DEC will pay for it.” The DEC claims that the fish in the brook can’t swim over the corrugated culvert bottom. As the story goes – Winn: “I’m just a dumb farmer, but don’t you think that the bottom will fill in with stone?” The DEC was pacified according to Winn, and the permit will be received the week after the Board meeting. A 4 foot overflow pipe is required on the east side of the culvert to insure that high water levels will not overrun the top of the culvert. The project will take a couple of weeks, Winn predicted. The water will have to be diverted around the footings on both ends so that the culvert pipe can be assembled in a dry hole.
The new tires for the Town loader, that were authorized to be purchased at the July Town Board meeting, were installed by July 22. Jaeger said the Mine Safety and Health Administration visited the Hammersmith pit in Cherry Plain when the Town loader was on site. “Because the new tires were put on the loader, we passed with flying colors,” Jaeger said. Board Member Sheila Hewitt asked about the progress in selling the screener. Jaeger said that a concerted effort would be made to sell it.
Flood Plain Confusion
During the Planning Board report by Pam Gerstel, Board Member Richard von Schilgen pulled out the zoning map on a laminated board that is used by the Planning Board in its deliberations. This map shows almost the entire Little Hoosic River area as a flood plain, including the Berlin Lumber property. He asked if the map was correct. Code Enforcement Officer Allan Yerton said that all flood plain determinations are made using the Federal flood plain maps. He said there are copies of the Federal maps in the Town Hall and that he has copies that he uses. Gerstel said that the map that von Schilgen had shown “came from the 1988 regulations.” Von Schilgen suggested that the map used by the Planning Board be updated. Yerton said, “When we get through the process of updating [the regs], we will review the zoning map.” The consensus at the meeting was that the map is correct for zoning determinations, but the Federal maps determine the actual flood plains. However, with two different official maps showing two different flood plains, it is no wonder that there was confusion during the debate on the Berlin Lumber purchase about whether the property is on a flood plain or not.
Gladioli Project
The Board had received a letter from Don Calman, of the Beautification of Berlin Committee, requesting that $1,500 be included in the annual budget for use by the Beautification Committee for the continuation of the gladioli project. At the meeting Calman said that it was all well and good to thank the committee and say the flowers look wonderful, “but we need actual support from the Board. Decide whether you want to continue the project or not; we are embarrassed to keep asking volunteers for their hard work and equipment.” Then Calman came up with the idea that the Berlin property tax bills could include the option of paying one dollar extra in taxes to support the project. There are about 1,500 properties in Berlin so the revenue generated would cover what the Committee needs to keep going. When a Board member suggested that it might not be legal, Calman said, “The federal government does it.” This prompted loud guffaws throughout the hall. But later in the meeting, Supervisor Jaeger, who is a strong supporter of the gladioli project, came up with a creative idea when he said that the businesses that want to take advantage of the free listing on the Town website should contribute money to the Beautification Committee. Billy Hammersmith, who wants to be listed on the website, said he would be willing to do so.
Berlin Lumber And The Space Committee
Jaeger confirmed at this meeting that it is indeed S.M. Gallivan of Troy that made the offer to purchase Berlin Lumber. Jaeger said that he called the realtor representing Berlin Lumber to ask if the Town should make a “back-up offer.” The realtor never returned his call, Jaeger said.
Since the Berlin Lumber purchase and the plans to use it as a municipal center are in limbo, it falls upon the Space Committee, led by Board Member Sheila Hewitt, to come up with alternatives to meet the Town’s need for office space. The Space Committee will meet next in the Watipi Building on Wednesday, September 8, at 7 pm. This meeting is open to the public.
Dog Licenses
Jaeger had begun the meeting by saying, “As of this year the State has decided to let stuff roll down the hill,” What he was referring to is that the State will no longer run the dog licensing program. The responsibility is being turned over to the towns. “The cost of the program will be added to next year’s budget,” Jaeger said.
Windows
Some of the new energy efficient windows have been installed in the Town Hall. “We’ve saved so much due to Richard’s [von Schilgen] work that we have money to spend on air conditioning,” Jaeger said. Justice Joe Rechen, who obtained the grant for the windows from the Justice Fund, requested air conditioning for the back room of the Town Hall where the justices retire to do paperwork and which is stifling during the summer months.
A Water Bill Resolved
According to Berlin Fire Commissioner Mark Primeau, the Fire District’s payment for the fire hydrant rent was lost in the mail and the Town is now assessing the Fire District a $59.95 penalty for late payment. He asked, “Why are we charging taxpayer money to each other; why do we pay hydrant rent?” Town Clerk Anne Maxon said that the auditors insist that all Town agencies and buildings be billed for water in order to meet the audit standards. Jaeger asked if the Town could return the fine to the Fire District, and the Board voted unanimously to do so.
Other Business
For the Youth Commission, Tammy Osterhout reported that the summer recreation program ended on July 23 and that the swim program had started with 64 youths enrolled. Since there is no funding there will be no all-day passes to the Schaghticoke Fair for Berlin kids this year. The next Youth Commission event is the Halloween party.
At its workshop on July 22 the Board asked Head Transfer Station Attendant Ivan Wager to negotiate next year’s waste hauling contract.
Board Member Carl Greene, reporting for the Little Hoosic River Watershed Association, said that the soil erosion prevention project in the river, known as the Bentley Project, was completed. The system the engineers at US Fish and Game used seemed “counter-intuitive” to him. The project will be observed for eight months to see if it works even when the river “flashes,” he said. The Little Hoosic is prone to flash flooding.
Dogs Not Lost
Dog Control Officer Doug Goodermote received a call from a homeowner who spotted two dogs that looked stray. Around the time Goodermote got there the owner of the dogs arrived. It turns out the dogs had been chasing bear and each dog had a tracking collar on. It just took the owner a while to catch up to the dogs. Also, Goodermote received permission from the Board to hold a fall rabies clinic.
Brewery In Bly Hollow
Don French, Chairman of the Zoning Board of Appeals, reported that the applicant for a micro-brewery on Bly Hollow Road would appear before the ZBA this month with the information that the ZBA had asked for. “We do require him to bring samples,” he said, facetiously.