The Town Board's three farmers could not sway any of the other three members this week to pursue a code change to remove the requirement that a wind turbine be sited at least 300 feet from the property line. A number of Southold growers say that's excessive and only a handful of properties meet that criterion.
The board's non-farming members sided with Supervisor Scott Russell, who has said it's premature to change a wind turbine law that has yet to be tested.
Growers who don't meet the setback limits can seek a variance through the town's Zoning Board of Appeals. That board is considering a bid by Shinn Estate Vineyards owners David Page and Barbara Shinn to install a 120-foot tower on their 22-acre farm on Oregon Road in Mattituck. The 10-kilowatt generator would stand 140 feet from the Sidor potato farm.
Mr. Page said he believes it will be difficult for the ZBA to grant the variance, given that town law requires more than double his open area.
"I am extremely disappointed that the town has not decided to take advantage of this technology and promote it for our agricultural community and everyone else," he said. Only about 150 properties in Southold, about 2 percent of all parcels, can meet the 300-foot requirement, Mr. Page added.
In response, the Republican supervisor has said that the town needs to consider the potential impacts on those living adjacent to farms. "You can't ignore the neighbors," he said.
The Town Board has had several wind turbine discussions in recent weeks. The issue came up again during last Thursday's Code Committee session.
That panel and the town's Alternative Energy Committee both suggested changing the law, perhaps to a distance of the height of the tower plus 10 feet -- with a minimum setback of 100 feet.
The issue surfaced again during Tuesday's Town Board work session. Crossing political lines, Republican Councilman Bill Ruland joined fellow farmers, Democrats Tom Wickham and Al Krupski, in voicing support for revisiting the setback issue.
Republican board members Vincent Orlando and Fishers Island Justice Louisa Evans agreed with Mr. Russell in letting the ordinance stand as is.
Mr. Wickham, who is leaving office at the end of the year, said the 300-foot requirement "is more than we can justify." He also called for the town to expand the law to permit turbines on residential properties.
Mr. Ruland broke with his farming brethren and sided with Mr. Russell, his GOP running mate two years ago, in opposing allowing windmills on residential lands. The current farm-only code requires a minimum of five acres. The town's Land Preservation Committee recently decided that wind turbines can go up on farmlands that have been protected through the sale of development rights.
"It's an expensive endeavor with a dubious payback," said Mr. Ruland of the residential option.
Mr. Russell added, "If you're going to require a farmer to have seven acres but a homeowner a half-acre, that doesn't make sense."
In the past Mr. Page has suggested that the current code may have been crafted to either slow or prevent the installation of wind turbines.
The supervisor argues that there's another explanation for the suggested language change.
"We pass a law and when the first application comes in we look to change the law to accommodate it," Mr. Russell said. "This is a bad way to run town government, The law doesn't prevent Mr. Page from having a wind turbine. He simply wants to put it in a specific location."
Mr. Page said moving the proposed tower to accommodate the town would require removing some of his grapevines or digging a 1,300-foot trench to bury the transmission lines, as is required.
Tkelly@timesreview.com