By Dave Dyer

Staff Writer

Two months ago, Scarborough resident Scott Doherty began to install a wind turbine to use for alternative energy in his home near Prouts Neck. Before he could get the poles set up in his yard, he was told to stop.

Doherty said he was informed by the town code  office he could not finish the turbine, even though the town did not have a turbine ordinance in place.

“Code enforcement came down and checked with their lawyer to put a stop to it,” Doherty said. “I asked ‘How can you stop me?’ They told me I would get fined.”

Since then, an ordinance has been written in regard to wind turbines, which was passed at the July 15 town council meeting. 

The new ordinance allows town residents to use small wind energy systems on their property for the purpose of generating power. The ordinance states that the number of wind systems per property will be based on acreage. The height of the system is allowed to be as high as 175 feet, with a requirement that the system be set back 75 percent of the system’s height from any property line.

The noise level of the system must not exceed 20 decibels above the ambient noise level at the closest property line, according to the ordinance. 

After the vote, Doherty said he finally put together his wind system.

At the meeting, the ordinance passed by a vote of 5-1 in favor of the ordinance, with council chairman Michael Wood voting against. Councilor Carol Rancourt excused herself from the meeting earlier in the evening. 

Wood said he voted against the ordinance because he agreed with the first rules of the ordinance, but not the revised version. He said he was not in favor of the new height of the wind system (175 feet) and felt the new set back length  was not enough. Wood said he was also not in favor of the climbing apparatus height, going from 15 feet from the ground to eight feet from the ground.

“I thought the first reading was more of my liking,” Wood said.

The ordinance was first presented to the council in April. In the first draft of the ordinance, one small wind energy system would have been allowed per lot, to be designed and constructed so the building on the property would be the only one to receive energy generated by the turbine. 

Under the first draft, turbines would have also been 100 feet tall from the bottom of the ground to the middle of the windmill. It also would have been required for the system to be set back 110 percent of the system’s height from all property lines, and would have had a 55 decibel noise requirement.

However, the ordinance was met with criticism from residents, specifically in regards to noise. During an April 24 planning board meeting, Scarborough resident Andrew Bradley said the proposed noise level would be “annoying,” and instead said a 20 decibel noise level would be more practical, as it would be closer to an ambient noise level that can be turned up during the day, but could brake at night.

The revised version that was passed included the system’s height be 175 feet tall, with a set back requirement of 75 percent of the height of the system. 

Doherty said  a shortened set back could mean if the turbine fell, it could land on someone else’s property.

Doherty said the wind turbine is able to take a substantial amount of wind.

“I guess the worry is set backs, but they’re made for 160 mile-per-hour winds,” Doherty said.

Another worry at the April planning board meeting was the rule of only having one turbine per lot. Scarborough resident Harry White said the rule would be useful for people with smaller lots, but not for people who have larger parcels of land.

The rule was addressed in the revised version, as one system is allowed per lot with less than an acre. For homes with one to five acres, a maximum of two wind systems are allowed, and on lots greater than five acres, there is no maximum number of wind systems.

Town Councilor Judy Roy said the town looked at past ordinances on wind systems from Saco and Cape Elizabeth, as well as the suggested model on the state of Maine Web site. 

Wood said he hopes the item will be put back on the agenda at next month’s meeting. In order for that to happen, there must be a majority vote among councilors to reconsider the item. Wood said he does not have the power to vote on reconsideration.

Wood said he originally thought the ordinance would be easy to pass.

“My sense was when we went into discussions, it would be a little easier,” Wood said. “I think we need to bring this back to ordinance. I’m looking to hopefully table it so they can work on these issues. I’m not sure how complicated we want to make it.”

Staff writer Dave Dyer can be reached at 282-4337 ext. 219