That decision may turn largely on the perceived impact of wind towers on scenic and recreational resources in the area, according to a Nov. 3 memorandum from LUPC staff that outlines guidelines for making the decision.
The township, like others in Maine, is under the fast-track approval process, bypassing what would otherwise be a rezoning step by the LUPC.
Any wind project would still be reviewed by the Department of Environmental Protection.
A new law allows Unorganized Territory residents to petition for removal of their township, or parts of it, from the expedited process, thus adding the LUPC step.
A petition from Milton residents in January requested that, but subsequently a property owner requested a “substantive review” of the petition.
A wind power company, EverPower Maine LLC, has put up a meteorological test tower in the area of Bryant and Chamberlain mountains in Milton to gather information for a potential nine-to-12-tower, 40-megawatt project, prompting local concerns. Parts of Woodstock, Greenwood and Bethel are near the location.
But EverPower has said if Milton were removed from the expedited process, a wind project there would no longer be financially viable because of the added cost of more steps. The company has also defended the DEP process, saying it is very comprehensive and public.
In August, the LUPC held a public hearing at the Bethel Inn as part of the substantive review process. Property owners who would benefit from involvement in the potential project through leasing their land spoke in favor of keeping the expedited process, but many neighbors favored the additional review, citing concerns about scenic, recreational, noise and environmental impact.
LUPC criteria
There are two criteria the LUPC commissioners consider in their decision:
• The proposed removal will not have an unreasonable adverse effect on the state’s ability to meet the state goals for wind energy development; and
• The proposed removal is consistent with the principal values and the goals in the comprehensive land use plan adopted by the Maine Land Use Planning Commission.
A written LUPC overview of the substantive review process notes that regarding state wind energy goals, a potential wind site “that has the potential for exceptional power generation, even though wind power development might have some impacts on public resources or existing uses, could be the type of place the commission would find provides significant value towards achieving the state’s goals. Removal of this type of place from the expedited area might have an unreasonable adverse effect on the state’s ability to meet its goals.”
Among some of the land use goals listed by the LUPC overview are:
• Conserve and protect scenic, agricultural, forest, historical, recreational and plant and animal habitat resources;
• Guide the location of new development in order to protect and conserve forest, recreational, plant or animal habitat and other natural resources;
• Ensure the compatibility of land uses with one another and to allow for a reasonable range of development opportunities important to the people of Maine, including property owners and residents of the unorganized and deorganized townships; and
• Encourage economic development that is connected to local economies, utilizes services and infrastructure efficiently, is compatible with natural resources and surrounding uses, particularly natural resource-based uses, and does not diminish the jurisdiction’s principal values.
Weighing values
The Nov. 3 LUPC memo outlines the issues and criteria for consideration specifically for Milton, and provides a staff assessment comment for each.
Among the points made were:
• The Milton location, due in part to wind conditions and proximity of transmission infrastructure, is suitable for wind development.
• Considerable progress remains to be made toward the state’s wind energy goal for 2030, and that need weighs in favor of keeping Milton in the expedited category.
• Wind development is not likely to have a direct impact on a bat hibernaculum located within a few miles of the potential development site, because the risk of collisions with wind turbines will be a seasonal migration one for the cave-dwelling bats, who make up a small percentage of turbine-related mortalities. The risk can be further reduced by curtailing turbine operation during certain conditions.
Regarding scenic impacts, while projects located outside the expedited areas must demonstrate they will fit harmoniously with their surroundings, projects within it must demonstrate they will not significantly impact views from only certain types of scenic resources — those of state or national significance. Most of those identified in the Milton area, such as Buck’s Ledge, Lapham Ledge, Mt. Zircon, Moody Mountain, Androscoggin River Trail and local ponds, do not meet the definition.
However, the memo said, “Staff believes that Milton and the surrounding communities have scenic resources and that those resources, based on credible testimony in the record, are of local and regional significance. The outstanding question for the Commission is whether the scenic resources are of “high value” and, there, warrant protection …”
And, “due to the relationship between the recreational resources and scenic views, there is a direct correlation between the value of and any potential adverse impacts to scenic resources, and the recreational resource values in Milton.
“Key goals that staff believes are particularly important . . . are the goals for recreational and scenic resources. Staff believes the decision on whether removal of Milton from the expedited area would be consistent with these two goals is a close call.”
For the complete LUPC memo on the Milton issue go to www.maine.gov/dacf/lupc/projects/wind_expedited_area/windexpedited_miltontwp_substantivereview.html.
The LUPC considereed the Milton issue at its Nov. 9 meeting, according to Stacie Beyer, LUPC chief planner, but a final decision was not made. Four of the seven commissioners present informally indicated they supported keeping Milton in the expedited category, she said, but for final action five commissioners must be in favor of a decision.
The Dec. 12 commission meeting is scheduled for 9 a.m. at Jeff’s Catering, 15 Littlefield Way in Brewer.
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