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Friends group loses Rollins Mountain appeal

LINCOLN, Maine — The Lincoln Board of Appeals was right to refuse to hear the Friends of Lincoln Lakes’ appeal of a Lincoln Planning Board permit issued for a proposed $130 million wind farm on Rollins Mountain, according to a judge’s ruling.

Through its own errors, the Friends group lacked standing to oppose the planning board’s Dec. 1, 2008, decision approving the First Wind of Massachusetts project, Superior Court Justice William R. Anderson ruled in his 26-page decision released Monday.

Anderson rapped the group and its attorney, Lynne Williams of Bar Harbor, for making vague or irrelevant arguments and forcing the appeals board to play “a difficult game of connect the dots” by failing to establish the group’s legal identity in Town Council and planning board meetings that preceded the Dec. 1 vote.

“For reasons that are not clear, FOLL was unwilling to provide the appeals board with minimal evidence to memorialize its ‘party status,’” Anderson wrote.

Among the errors: The group’s incorporation papers named no group members. The group and Williams thwarted the appeals board’s attempts to legally certify group members’ identities during the board’s Jan. 8, 2009, meeting, Anderson wrote.

He called the appeals board’s dismissal “an entirely avoidable result.”

Williams said she hadn’t yet seen Anderson’s decision and couldn’t comment on it Monday. Friends group spokesman Gary Steinberg did not immediately return telephone messages.

Anderson’s decision limits the group’s options, Williams said.

“If this appeal is turned down, if we do not go and appeal it to state supreme court, then we would be done. We would not be able to go back to the planning board,” she said.

Group members have said the issue of identification was silly bureaucratese, as group members had appealed the First Wind plan almost from its introduction. First Wind wants to build 40 turbines, each generating 1½ megawatts, on ridgelines in Burlington, Lincoln, Lee and Winn.

At the appeals board hearing, group members declined to provide paperwork identifying themselves — the “minimal evidence necessary” — because the form requested bank data they considered confidential, they said. Some group members joked, “I’m here, but I am not here,” after the meeting.

But proper legal identification helps determine responsibility for group actions. With their identity left legally vague, group members “had no capacity to sue or be sued,” the town’s attorney, Timothy C. Woodcock, told Anderson during testimony July 29 in Penobscot County Superior Court.

The group could have avoided problems by naming a single member as the applicant in its appeal to the appeals board, but the group member they named was not listed in minutes as having attended all necessary council and planning board meetings, Anderson wrote.

Appeals board Chairman Alan Grant and Town Manager Lisa Goodwin said they were not surprised by the ruling.

“The arguments they were trying to make were better suited for the council or the planning board. Those are political forums. The will of the people is better suited in both those forums,” Grant said. “We were interested only in the rule of law.”

“My concern is that the appeals board is looking at things the way they are supposed to,” Goodwin said, “and this ruling says that they are.”

Williams said she expected to discuss whether to appeal Anderson’s decision to a higher court with group members on Wednesday, when the Maine Supreme Judicial Court hears the group’s other appeal of the First Wind project in Portland. That appeal concerns the Maine Department of Environmental Protection’s permit approving the Rollins Mountain project.

“The whole thing is complicated. We are fighting this fight on many different tracks,” Williams said.

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27 comments on this item

Sounds like the FOLL lawyer really dropped the ball on this one. They should consider different representation for their future needs.

More NIMBY's hard at work. Perhaps they would like a nuclear power plant instead, or a nice coal fired power generation facility. The reality is that we need to pursue all avenues for energy independence. Energy needs are growing steadily, yet power generation is not keeping pace. These same people would oppose ANYTHING including a LNG facility. The power has to be generated somewhere, and wind power has to be the least intrusive of the above mentioned facilities. FOLL wants their lights to come on when they flip the switch, they just want the power to be generated "from away", well unfortunately we are all in for some sacrifices in the near future.

Great points hopperdredgbill. What I am wondering is where are all The FOLL's now? This is a riot! Also, where are all you tax complainers? I am outragged that MY tax dollars are paying for this court mockery that FOLL is responsible for! Haha...how can any of us even take you people seriously?

Really FOLL...I am hanging on a thread here. I need to hear the response. Where you victimized? Our court system is out of order? Your dog ate your paper work? Give me something.

This ruling is a total travesty. The judge is depending on some of the most poorly reported minutes of civic proceedings I have ever seen. I was there at every meeting where citizen participation was thwarted at every point. For example, the Planning Board limiting each citizen to two minutes to address a voluminous application package from First Wind that the Planning board members admitted they hadn't even read when they attempted to push it through to a permit vote. Neither the Planning Board chair nor the leading advocate for the proposal on the Planning Board would recuse themselves in spite of obvious conflict of interest. I can go on and on about Lincoln's civic flaws.

I was there at the Appeals Board meeting. The chairman of the Board had a pre-determined outcome in mind. He ran the meeting with the demeanor of a Nazi. Friends of Lincoln Lakes had more than a dozen members at the meeting. We would have clearly stood up and identified ourselves if we had been given the chance. To say that we were vague and the town had to play a game of connect the dots is ludicrous. Its a small town. The same people were at every meeting. We clearly presented a coordinated effort that challenged the First Wind proposal, tried to slow down the process so a thoughtful decision that incorporated citizen input could be made, and challenged the Planning Board's violation of the town's land use ordinance.

What the judge's decision does here is force every citizen group that has to be thrown together hastily to try to thwart bad public policy and corrupt decisions by local officials to spend more of an effort to cross every T and dot every I when decisions they challenge are moving as fast as a runaway train. It is a sad day for our state when wind turbines have more rights than citizens!

HaHaHaHa....This is great! I knew the victim statements would start to pour in from FOLL, but I would never have guessed they would be this good. Referring to the director of the board as a NAZI and machines having more rights than people. Keep them coming. I love a good dramatic comedy. I

user5225 is paid to write these posts.

The real rights that are being abridged here is a citizen of Lincoln, Don Smith. His name is on the appeal. He lives year round on Caribour Pond, facing directly at Rollins Mt. He is directly impacted by this project. If the view of Rollins Mt. across the pond is dramatically changed by having eleven 389 foot high turbines with flashing aviation lights 24/7, he loses value of his property. Any time there is a wind from the east, the roar of the turbines will echo unmitigated across the water to disturb his quality of life. We know how noise travels across water. He is clearly an injured party. The judge ruling that this citizen has no standing in this case is an affront to all citizens. Again, it seems in this state wind turbines have more rights than citizens. This is not what my great great great great grandfather fought in the American Revolutionary War for! He fought for the ideal of citizens having a right to self determination and the right to address their grievances to a government of the people, not corporations!

Oh," IT AIN'T OVER TILL' THE FAT LADY SINGS!"

Chew on that.....

It appears that we, as Americans, are losing our freedoms quickly. We need to recall that what is good for a few pocket books is not fairness to all and that the vote is just the way we decide that. I am against any take over from large company or government ruling that comes against the common man for the common good if the consequences are extreme to those individuals. Name calling for most of us is third grade behavior and most of those in third grade know that.

The Wind Companies did not have the science or the medical implications worked out. We shut down public water springs because some might get sick. Why are we not considering the health of citizens when the 400' towers are concerned. Or for that matter the effect of EMFs on people from 345K electric towers. The Judiciary in Spain decided not to allow them there ("a travesty against population") but CMP,now Iberdrola, a SPANISH COMPANY, thinks they are fine for us. I don't wish to see any suffer needlessly, especially if it just serves the pocket book of someone else.

I did not attend any of the meetings so I have a question. I read here how the planning board acted, and the appeals board, but nothing of the town council. How was the town council as far as letting people speak? Just curious, as I have not read any comments on the town council.

Your right Patten Pete. I'm collecting for making fun of FOLL. This is the greatest job in the world. How much money do you make? I make more!

Windscam your 5x great grandfather did not fight for a lot of things during the revolutionary war...including oil. Times have changed, stop living in the past...it's alright, the red coats are our friends now.

EMF on a turbine??? 345K??? and what does iberdrola have to do with first wind and GE? they are competitors? again, know what you are talking about!

user5225... know what YOU are talking about. FirstWindSprawl is paying all legal fees for the town. We will never know how much more is paid behind closed doors. Apparently enough to put the turbines rights ahead of regular citizens who appealed. Ordinarily one files an appeal and it is checked by someone in the town office and if it needs signatures or is somehow not correct it is not accepted until corrected. That is what our town office folks regularly do. They are working for the Lincoln taxpayers. When some slick lawyers from Portland start giving out the orders, something has gone wrong in our small town. We have zoning. Most of us go by the rules but there seems to be some who want everything their way, such as "expedited process". That may yet prove unconstitutional. There must have been something in violation or the appeal would have been allowed. lincolnmainer... the town council let people speak for 2 minutes. It was probably a legality or they would not have listened at all. Mike and Marscella were the only ones who were even listening and appeared to want new info. The others had their minds made up way before. I have looked all over the internet and tried my best to find something positive about windsprawl. In Europe they learned a hard lesson. Electric rates have doubled or more. France shuts them off at night so people can sleep. Denmark has 6000 turbines. They had to build 2 new gas fired plants as the erratic windmills were screwing up the grid. The CO2 increased 35% since the first windmill was built!!!! Why would Maine want this? WINDSPRAWL IS A TAXPAYER SUBSIDIZED SCAM THAT WE CANNOT AFFORD!

happycamper1, I asked around some more today, because I want to know how they acted. I did hear there was a time limit at one meeting, but the other two or three town council meetings there were not time limits. I really do not know, because i was not there. I am going to keep asking people that were there. Did you attend those meetings? Wait dumb question, I know the answer. I am undecided about the windmill project but do want to know if the council allowed FOLL time to speak.

Lincolnmainer, I was at every meeting of Town Council, Planning Board, and Appeals Board. With the exception of the very first meeting with the Town Council, where so many people showed up that they moved the meeting to the basement, there were time restrictions. There was nothing more anti-citizen than Peter Phinney groveling his way out of a blatent conflict of interest (The Planning Board Chairman representing the real estate transactions between the major lessee and First Wind), then turning around to the citizens and imposing a two minute time constraint on each speaker. That's about how long it will take for you to read this paragraph! A humiliating image seared into my brain forever is the chairman of the Town Council sitting with an egg timer and cutting off speakers whenever the egg timer went off. Steve Clay, at least, gave a magnanimously generous five minutes. How can this be a democracy with citizens' rights so severely curtailed?

A lot of people who post criticisms of FOLL and others who oppose the industrial wind folly don't actually understand the magnitude of this proposal. I invite everyone to go to http://www.rollinswind.com/rollins/regulatory_review.cfm Just take a quick look at the incredible mass of material in those volumes. Consider how many issues we have identified concerning these wind projects. Consider how many questions can be raised in analyzing all the material. After all, just because First Wind puts it in print doesn't mean it is Gospel. What took years for paid staffers and consultants of First Wind to amass, the Planning Board didn't read or understand---not even self serving Brandon Ireland, who also gains financially from First Wind through Larkin Enterprises, yet another conflict of interest---yet Brandon Ireland and Peter Phinney rammed through a vote to approve.

These are much more serious issues than whether or not FOLL had a membership list to hand over to Mein Fuhrer Alan Grant! The demeaning way this Nazi ran the Appeals Board meeting that night was chilling to any person who wants to participate in civics. All I could see from this angry, controlling man was a brown shirt and a swastika armband. As I told the Lincoln Town Council, I am ashamed of my home town and its un-civic process.

deanhornblower, First it would be nice if you used your true name like I am. Second I have never represented transactions between the major

lessee and first wind. Third, public record will show that more time was given to speak than just one two minute time period. I am telling you who I am. WHY DON't YOU!!!

lincolnmainer.. I was at most but not all meetings. It did not really matter, I felt the meetings were a formality and enough minds were made up to have a majority. i COMMEND you for questioning the whole thing. There are too many people who do not want to bother. It does take time and it is not just about Lincoln. When you actually talk to Ethan Hall, Steve Bennet, Wendy Todd you realize these are regular people not nut cases who are being driven from their homes by windmill noise. They were lied to, the science was distorted or ignored , and the whole "expedited process" was invented by Big Wind. It is hard to challenge when the new rules are intentionally made to favor wind development(and discourage dissent). Peter, after the personal insults to Dr. Steinberg from the first FOLL blog and the other instances which I will not go into, it is easy to see why one may choose not use their real names. However, if a civil discourse is desired anyone is invited to the FOLL meetings. There are big problems with the turbine situation in Europe. Billions in transmission upgrades. Billions in construction and still erratic power to the overbuilt grid. Does the US want to make all the same mistakes Europe did? Apparently the answer is YES!!

Deanhornblower:

Let's clear the air.

Mr. Phinney has a point, why don't you try using your real name?

I do take offense to your accusations of me,

"What took years for paid staffers and consultants of First Wind to amass, the Planning Board didn't read or understand---not even self serving Brandon Ireland, who also gains financially from First Wind through Larkin Enterprises, yet another conflict of interest--."

Just for all of the readers of these comments and yourself, I will say that I did thoroughly read all information presented by First Wind, as that is my civic duty. Now back to the accusations, I do work for Larkin Enterprises, Inc.. However, during the review of First Wind's proposal I did not. In fact, I was attending the University of Maine in Orono, obtaining a degree in Ecology and Environmental Science. Ironically, this education help tremendously in understanding the proposal submitted by First Wind. Once I graduated from UMO (May of 2010), I applied for a position at Larkin Enterprises, Inc. I do not benefit from First Wind in any way nor does Larkin Enterprises, Inc. Larkin has never worked for First Wind.

Deanhornblower, you should check your facts before you post. Your libelous comments would really upset me if you had spelled my name correctly, but nothing bothers me more than someone who thinks they know me and can't even spell my name. For all readers, my name is BRENDON "Mike" IRELAND.

happycamper.. I don't mind about the comment about groveling, but I do mind when it is said that I represented

the real estate transaction between the major leesee and first wind by deanhornblower. That is why

I used my real name.

Woo Hoo! Deanhornblower sure stepped on a couple of toes on the Planning Board! Now, Mike Ireland, I commend you for being such a bright guy that you spent 24/7 reading the First Wind tome. I'm sure you speed read "War & Peace" in one day while in First Grade, too!

So, really, with the course of study you were in, you never once had a question about what you were reading? You never once questioned the sources or veracity of what you were reading? Your analytical skills didn't kick in just once? From my observation, you were so "gung-ho" to ram through approval of this complex application that nobody had read or understood, I thought for a while you might have been Matt Kearns in disguise. To say that in your position on the planning board that you maintained any semblance of an open mind is laughable and just underscores what a shamefully un-civic process happened in Lincoln.

At least Mike & I use our real names. Who are you, Windscam?

I just noticed that Mike said he graduated in 2010, I think he meant 2009. If everyone is so critical of the comments here, why did none of you non-fact checkers pick up on this? Seems like there is a pattern here of not checking your facts, which was Mike's point.

I saw my name mentioned so thought I would comment. The first meeting we had with Friends of Rollins Ridge (the name at the time) had to be moved to the bsement of the Town Office. There were no time limits at that meeting. The meeting started at 7:00, and we had the rollins ridge group at the beginning of the meeting. When we started the discussion I asked two things, that there be no name calliing. That part of the meeting did not end until 9:30 ish. The next meeting we had with the group present had to be moved to the high school. There was a time limit at that meeting of 5 minutes. Yes, I did stop some people. I tried to let people finish their point. Some went over the limit by three to four minutes. I also asked at this meeting that the be no name calling. Again, I did stop some people when the name calling started. The third meeting has to be moved to the high school again. I did not like the time limit at the meeting before, so I chose not to do it again. I asked that there be no name calling again and I also asked that if anyone had material to peresent to the council to please bring it to me. I, again, had to stop some name calling, and was totally ignored when someone wanted to bring some info to the council. I am not opposed to anyone expressing their opinion. I did not like the time limit, but I have every right to impose one if I feel there is a need for it. Peter has that same right. If he feels he needs to have a time limit, then I back him up. You should try sitting at the council table or planning board and try and listen to people's opinion on the wind turbines and then right in the middle of it have to listen to how everyone involved has been paid off. That does not help their cause at all by throwing accusations at the people you are trying to convince to make a change. As for not listening, I listened to everyone. I still have a box full of the papers that were given to me by the group. If you want anymore info from me feel free to e-mail me at stphn.clay@gmail.com.

Right or wrong, let's for at least one minute assume that manmade global warming is real and that NRCM's carbon numbers are correct.

You can then do some simple math to put things in perspective. Because they supply the CO2 emissions avoided by several wind farms, you can project total emissions avoided based on the governor's ultimate goal.

They also supply CO2 sequestered by "X" number of acres of pine-fir forest. Using Maine's total acreage and multiplying by its 89% forest cover, you can then project how much CO2 is sequestered by all of Maine's forests.

At this point you will see that the massive change to Maine's ridgelines effected by installing thousand of turbines and their requisite transmission structures equals about 4% of what the forest does naturally.

Now, factor out spinning reserve, outside grid electricity used by wind farms and transmission loss due to the fact that turbines are not proximate to where the elctricity is consumed. Also factor in that Maine has many hardwoods which sequester CO2 better than pine-fir. (BTW, they use Douglas fir!).

Now factor in that CO2 capture is only half of the cooling caused by forests. The other half is from evapotransport. (Touch that cool shady tree in the middle of the hot sunny field - you don't burn your hand!).

Now, factor in that NRCM's emissions avoided numbers may be overstated as is often seen in the world of the carbon industry. For example, are they based on Maine's electrical generating mix or do they include lots of coal?

Maine has low population, huge CO2 sequestration and lots of hydro generation. We are an exemplary CO2 citizen. Why would a national 20% cookie cutter renewables goal be accepted by our governor? It does not compute.

If there's one thing we could do it's weatherize our old housing stock.

A major environmental onslaught of thousands of turbines does not justify a likely 1% reduction to any warming we cause.

The math is simple and compelling.

The response of politicians to a citizen's comments can sometimes serve as an indication that there was some truth to those comments. Seeking an anonymous poster's identity raises more questions about these politicians apparent need to squelch valid criticism of their public actions.

This was the most pathetic, un-civic proceedings in Lincoln that I have ever witnessed in decades of involvement in public issues. I have participated both as an official and a citizen. So quit being so damned defensive. Also, what you might say is namecalling is more construed as characterizations of actions and intentions of involved parties.

You know that consideration of much smaller scale projects and even petty issues get more scrutiny than First Wind's application and, Brainiac Brendon aside, you know nobody on the Lincoln Planning Board or the Lincoln Town Council read all that application and didn't understand half of what they read. First Wind was planning on it. You guys delivered just as First Wind wanted.

Any project of the magnitude that it changes forever the character of a community or region needs far more time for educating, vetting, analysis, and debate. You were presented with the challenge to adopt a moratorium and get this decision done in thorough, thoughtful public discourse. An informed citizenry makes for good democracy and sound public policy decisions. The rush to push through this application clearly means that this corporation is valued more than the citizens of the community. That is truly shameful!

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