Meteorology tower proves controversial

By Veronica Burns

The Meterology Tower in Colebrook

A 180-foot tower stands on Flagg Hill Road in Colebrook, with the purpose of measuring wind speeds. The test tower was raised in December 2008, approved as a “temporary use” by the Colebrook Zoning Enforcement Officer (ZEO), Karen Nelson. Stephen King, an information technology manager who lives close to the tower, feels that the Colebrook Planning and Zoning Commission and the ZEO acted wrongly. In February he unsuccessfully appealed the decision and has since filed a lawsuit to be heard this summer in Litchfield Superior Court. “I am not against green energy,” says King, “but I believe the only green energy that the owners of this tower are seeking is the green in their pockets.” Among other things, he is concerned about property values. “I am looking at a 30 to 35 percent decrease in the value of my property.” He also claims that abutting owners should have been notified about the tower and that there should have been a public hearing. “About 80 people showed up at the appeal hearing in February and only five or six said they knew about the tower beforehand.” Last October, the owner and Chief Executive Officer of BNE Energy Inc. (BNE), Gregory Zupkus, who owns the property at 29 Flagg Hill Road, applied to the Colebrook Planning and Zoning Commission for a “special permit” to install a meteorology tower on his property. Flagg Hill Road is zoned as a residential area. According to the minutes of the meeting, Zupkus provided documentation stating that the tower would collect wind data for a period of time between 12 and 18 months. There would be no health risk, no noise and the tower would require no special lighting. BNE provided a site plan. The commission decided to seek legal advice and additional information before proceeding. Among the questions discussed by the commission was the matter of setting a precedent and if approved, would such approval compromise the commission from turning down a permanent wind structure at a later stage? After getting legal opinions, the commission approved the application and the permit was signed by the ZEO, Karen Nelson. Nelson did not want to comment directly on the case because of the pending litigation. But she pointed out that she had the full support of the commission as well as that of legal counsel, and that they agreed it was “within my authority” to sign the approval. “The record is the record,” says Nelson, referring to the transcripts of the proceedings on file in the town hall. Meteorology towers are usually set up to gather wind data and if the data indicates wind sufficiency, a commercial wind turbine could be placed on that site. Ironically however, if such a turbine is more than one megawatt of power, the application would be considered by the Connecticut Siting Council and would be out of the hands of the local agency. King warns that Norfolk could find itself in the same position. “Towns need regulations and proper setbacks for these things,” he says. As of now, Norfolk does not have any wind tower regulations. Existing regulations feature ”inclusionary zoning” which means that, “if it is not a listed use in the regulations, it is automatically prohibited,” says Norfolk Planning & Zoning Chairman, West Lowe. “We do have a sub-committee looking at wind tower regulations in other towns and collecting input. Any new regulations would be for a one megawatt or under one megawatt wind facility.” It might seem reasonable to assume that because of our altitude, Norfolk might produce some good wind power. “But from what I have heard,” says Lowe, “there isn’t enough wind here.” He adds however, that he hopes the town of Norfolk will be “pro-alternative energy sources.” King meanwhile has organized a petition on the GoPetition Web site, which to date has 75 signatures. He has also created a Web site, www.flagghill.com. “Most of my neighbors are against it,” says King, “with the exception of one or two whom I haven’t been able to reach yet.” He bristles at the “not in my backyard” label with which opponents are often tagged . “Just put yourself in my place,” is his response.