Atkinson residents denied backyard wind systems

From the Eagle Tribune;

Atkinson residents denied backyard wind systems Zoning board rejects requests; new state law to help applicants
By Eric Parry
eparry@eagletribune.com

ATKINSON — Two men learned last week that they won't be allowed to generate their own electricity through wind turbines. Like many other communities in Southern New Hampshire, Atkinson's zoning regulations don't address wind turbines.

Bruce LaCreta and John Recesso applied to install wind systems in their backyards, but were denied by the Zoning Board of Adjustment at a hearing last week because they're not a permitted use.

"It's a structure that's not permitted in the zoning right now," board member Sanford Carter said.

But a new law that is scheduled to go into effect on July 11 will prohibit communities from unreasonably limiting the installation and performance of residential wind turbines. Not allowing wind turbines in an entire community, setting electrical or structural design criteria that exceeds state and federal codes, and excessive setback requirements would all qualify as limiting wind turbines, according to the law.

Eric Steltzer, energy policy analyst with the state Office of Energy and Planning, said LaCreta and Recesso could file another application on July 12, and there would be no hearing with the zoning board. Under the new law, Atkinson would have to find another reason to deny the applications.

"The building inspector cannot deny based off permitted use or based off height restriction," Steltzer said of the new law.

To help communities regulate residential windmills, a model ordinance has been crafted by the state, Steltzer said. But each community should modify the ordinance to fit its zoning regulations. So far, about 20 communities across the state have adopted ordinances dealing with residential wind systems, Steltzer said.

Locally, several communities have discussed potential ordinances, including Atkinson.

Derry held a few discussions on the issue last year and Londonderry had a similar discussion last Thursday.

Bob Mackey, Derry's code enforcement director, said he seldom gets questions on windmills, but it wouldn't necessarily be a problem in that town.

"Basically, they would be allowed as long as it's for a residence," Mackey said.

Londonderry has scheduled a public hearing for July 8 to discuss an ordinance. Sue Killam, Atkinson Planning Board chairman, said a proposed ordinance could be put before voters at the March 2010 Town Meeting.

"That's something we'll be working on in the fall," Killam said.

Under the new law, the building inspector will accept or reject an application for a wind turbine. Previously, most towns would have sent the application to the zoning board, according to Steltzer.

In Atkinson, LaCreta and Recesso were first denied by Building Inspector Robert Jones, so the zoning board could interpret the town's zoning regulations.

Jones ruled that the wind turbines were not an accessory use as defined in the town's zoning rules.

LaCreta, a plumber, said the two neighbors had been researching the turbines for months and he was hoping to cut his electricity bill by three-quarters with the 54-foot-high model. Recesso was hoping to generate all of his electricity through a 71-foot turbine.

Although the Merrimack Valley isn't very windy, LaCreta said he had a wind report done and there was just enough to make it worth the effort.

He was looking at a model that cost between $12,000 and $15,000. With all of the federal, state and local incentives, LaCreta said now seems like the perfect time to install a turbine. "We thought it was a good deal," LaCreta said.

At Town Meeting in March, Atkinson voters approved a local ordinance, 1,194 to 369, to give homeowners an exemption for the cost of a wind system, plus installation. Pelham and Londonderry also have similar rules.

The federal government also will give homeowners a tax break of 30 percent on their income tax if they install a wind system.

The state Public Utilities Commission also offers homeowners an incentive for residential wind systems. Starting on July 1, homeowners can apply for a rebate of $6,000 or 50 percent of the cost of the turbine, whichever is less.

LaCreta and Recesso have even formed a business, Atkinson Alternative Wind Solutions, to install residential wind turbines. They were hoping their own turbines would be a model for what other people could do at their own homes.

But now, they will just help other people install wind turbines in other communities.

"I want to know what the next town is going to do," LaCreta said.