York Township and Braun brothers working to resolve wind turbine compliance issues
A lawyer for Saline area farmers Kelven and Howard Braun is working through zoning compliance issues with York Township so that the brothers can begin to use the 100-foot wind turbine they put up on their Bemis Road farm.
In order to comply with township zoning rules, the brothers need to submit a drawing showing where the wind turbine is on their property, establish a maintenance plan and agree to an annual inspection, said their lawyer, Ken Schwartz.
Township officials say they've established rules that are designed to allow wind turbines while protecting the health, safety and welfare of residents.
The wind turbine towers above the Brauns on their farm.
Lisa Allmendinger | AnnArbor.com
“Generally, the Brauns did not submit the necessary information to the township (to get a final zoning permit),” she said, adding that the township “recognizes that the Brauns are good neighbors and what they’ve done for the community.”
She said Planning Commission members also have expressed concerns about noise and “shadow flickers,” the shadows from the turbine blades when the sun hits them. She said these shadow flickers can affect people with seizure disorders.
Kelven Braun said the wind turbine was erected under the Right to Farm Act, which, among other things, states new farming innovations are exempt from local zoning ordinances.
The Brauns have also tangled with the township over llights spelling out their name on silos.
“I have advised the Brauns to try to work with the township, otherwise they will have a long and expensive legal battle establishing that the zoning ordinance is preempted by the Right to Farm Act,” Schwartz said
Schwartz said he’s confident that following several recent meetings with the township administrator that “we’ll find a reasonable conclusion for all parties.”
The turbine is being monitored by DTE to ensure the electrical system is working properly. Farmers and homeowners who install wind turbines have to meet certain requirements from DTE.
Keith Fineberg, who has served on the York Township Planning Commission said the township amended its original ordinance regarding wind turbines because of feedback it got from residents about the ordinance. He also noted no one came to public hearings on the ordinance when it was being considered.
"We aren't trying to hurt anybody," he said. "We are trying to enforce standards that we think we’ll benefit the entire community."
Lisa Allmendinger is a regional reporter for AnnArbor.com. She can be reached at lisaallmendinger@annarbor.com. Cindy Heflin also contributed to this story. For more Saline area stories, visit our Saline page.
Comments
Billy Buchanan
Fri, Oct 7, 2011 : 3:41 p.m.
Paul Wilkie hit the nail on the head in his quote "The Township is mad at the Braun Brothers becaues it wanted the land to develop into a subdivision for more taxes".
Hammer
Fri, Oct 7, 2011 : 3:22 p.m.
Maybe the York Township government should go to a 3 day workweek and have their salaries and pensions cut porportionately. They would have less time to meddle.
Wolf's Bane
Fri, Oct 7, 2011 : 2 p.m.
I shake my fists in rage at the York Township members. Now, time for some pie.
glimmertwin
Fri, Oct 7, 2011 : 1:52 p.m.
Every time I hold my property tax bill up, it blocks the light, causing a flicker. This makes me feel uncomfortable. There should be an ordinance that says you don't have to read your property tax bill if it makes you feel bad.
windjmar
Fri, Oct 7, 2011 : 2:14 p.m.
I would like to improve upon your proposed ordinance and have it read: "There should be an ordinance that says you don't have to pay your property tax bill if it makes you feel bad." Flicker, flicker, flicker. The positioning of the mills should be such that no flickers are hitting any already positioned homes, except the ones owned by the board members or other people you may not like!
Paul Wilkie
Fri, Oct 7, 2011 : 12:59 p.m.
Recently we passed by the upper Michigan town of McBain. Heritage Energy has constructed a couple of dozen 475 foot tall wind turbines in the surrounding farmland. Each one can power from 1400 to 1600 homes according to the company website. We stood underneath one and heard a soft slow whoosh. From a distance we could not hear them at all. The township is going out of their way to hassle these farmers. Perhaps because of their history of losing a previous "battle". Perhaps they would have preferred to have them develop into subdivisions so that they could eek more taxes out of the land.
gofigure
Fri, Oct 7, 2011 : 5:46 p.m.
re: Paul I agree. It's like anything else. Live near a highway you get used to the traffic. Live near a R.R. get used to the trains. Live near a wind turbine, you'll get used to the "whoosh". I suggest the complainers are angry they're not reaping the rewards of generating electricity.
Marilyn Wilkie
Fri, Oct 7, 2011 : 3:30 p.m.
Ron, I agree with you. We were there on a calm day. I also understand that ice can increase the level of sound. I would not want to live near them. Just their giant unnatural presence would bother me. Obviously the township approved it and it must have been lucrative for the farmers. Everything goes back to money.
Ron Granger
Fri, Oct 7, 2011 : 2:01 p.m.
You said you were just passing by. Not all wind turbines are quiet. It depends on the wind direction and speed. Service and age are also factors. A turbine that is fairly quiet at 10 mph may have loud resonances at 8 mph, or 12 mph. What is quiet to one person who is only visiting temporarily is a constant drone of noise to others who live nearby. I would not want a woosh-woosh to be the constant background noise at my home. My Grandfather would never hear it - he has terrible hearing.
Fatkitty
Fri, Oct 7, 2011 : 12:42 p.m.
Sounds to me like the township doesn't really know how to deal with this other than slinging arrows at the farmers. What does the ordinance say? "Residents"? Are they concerned about the potential for someone living on 2.5 acres in the township to install one of these turbines? Is THAT what this is all about - legal precedence? And as far as the "flickering" - a flock of birds can cause the same thing. Talk about splitting hairs............
clownfish
Fri, Oct 7, 2011 : 12:37 p.m.
This is the salient point of this article: "...no one came to public hearings on the ordinance when it was being considered." Everyone wants to whine and moan, but nobody wants to show up at hearings. They leave it up to elected officials, then complain when those officials don't read minds.
jcj
Fri, Oct 7, 2011 : 3:56 p.m.
This is the salient point of this article: "...no one came to public hearings on the ordinance when it was being considered." It does not sound like there are many in the Township worried about wind turbines.
windjmar
Fri, Oct 7, 2011 : 2:17 p.m.
Why go to a meeting if The Right to Farm Act pre-empts the non-existent ordinance that the Board had to write? Where is the township lawyer? Just earning more bucks by not properly advising.
gofigure
Fri, Oct 7, 2011 : 12:18 p.m.
"Township officials say they've established rules that are designed to allow wind turbines while protecting the health, safety and welfare of residents." What residents? They live on a FARM! Oh, wait.......the township needs the input from the cows. Seems like a "MOOt" point to me.
Silly Sally
Fri, Oct 7, 2011 : 11:43 a.m.
Why does the farm need to "establish a maintenance plan and agree to an annual inspection"? How will this make anyone safer? If it breaks, then it is there loss. This is a good example of unneeded government regulations. Of course it is on their farm, and either the Right to Farm Act is valid, or it is not. This sounds like a beuracrat trying to justify his job.
Ron Granger
Fri, Oct 7, 2011 : 1:56 p.m.
The same rules must apply to everyone. You cannot have uneven enforcement. There are people around every turbine, whether residents, or workers. Lack of required maintenance is the primary cause of catastrophic wind turbine failure. People put the things up and then ignore the manufacturer's requirements on maintenance. The bearings and other components need regular service or they fail. They tend to fail in a very dramatic fashion.
jcj
Fri, Oct 7, 2011 : 11:42 a.m.
Bottom line. The Township got their clock cleaned in their attempt to fight the lights. So now they will spare no expense. <a href="http://heritage.com/articles/2011/01/25/saline_reporter/news/doc4d3ee46846ee9450941572.txt" rel='nofollow'>http://heritage.com/articles/2011/01/25/saline_reporter/news/doc4d3ee46846ee9450941572.txt</a> the township's objection to the lights based on zoning grounds only surfaced when the same zoning officials were considering another project on the property to construct a large wind turbine. 5 years after the lights were installed! As seasons said. No information on wording of ordinance.
lls
Fri, Oct 7, 2011 : 11:41 a.m.
It seems as though the township is again trying to waste the taxpayer's money in their vendetta against the Braun brothers. Were there complaints from the taxpayers? Seriously, quit wasting our money on lawyer's fees.
A2comments
Fri, Oct 7, 2011 : 11:04 a.m.
"She said Planning Commission members also have expressed concerns about noise and "shadow flickers," the shadows from the turbine blades when the sun hits them. She said these shadow flickers can affect people with seizure disorders." Really? Really?
Ron Granger
Fri, Oct 7, 2011 : 1:54 p.m.
Yes, really. Imagine a turbine was in front of your window, turning the sun into a constant flicker for hours a day. A lot of people would consider that an impact on their property values and quality of life. And some people would have medical issues. Plus the constant noise, morning, noon and night.
seasons
Fri, Oct 7, 2011 : 10:39 a.m.
This second article about the townships protests over the wind mill isn't much more informative than the first article in terms of the township ordinances. Again, what are the ordinances? It almost sounds as if the ordiances are being created as the days pass by and in response to the outcry from the public? Please, some substance and facts!