Night #1 of a series of Whalerock Zoning Board meetings
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| I estimate that more than 400 people were there at the start |
I confess: I left at 9 PM when Zoning Board of Review (ZBR)
chair Mike Rzewuski called a recess. By that time, about three-quarters of the
400+ people who came out for this hearing had also left. I decided, for reasons
that will become clear as you read on, that it was better to zip out of the
hearing to write this article than to stay for Act I’s closing curtain.
Based on the mountain of testimony ahead, this process is going to extend well into June. The ZBR has
already set dates for two more meetings on Whalerock’s application for a
Special Use Permit for its two 410-foot high wind turbines which will overlook
Route One. Those dates are June 5 and June 19. UPDATE: as it turns out, the Westerly Sun reported that the hearing was halted for the evening before the Whalerock team could complete its presentation.
Let me give you the good news first. Here is the reason why
I am more convinced than ever that the Whalerock turbines will not be built:
according to Michael Carlino, developer Larry LeBlanc’s son-in-law and partner
who testified as Whalerock’s “Project Supervisor,” the turbines will cost “$4
million each” to construct and they are “not using public funds.”
Further, in response to questions from the ZBR, Whalerock lawyer Nick Gorham admitted that Whalerock did not have a contract to sell the electricity to National Grid and in fact, National Grid will not talk to them. Gorham said this is standard, that utilities won’t discuss power sales contracts until projects have gotten completely approved.
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| Whalerock lawyer Nick Gorham doing the schmooze before the start of the ZBR meeting. Behind and left, ZBR Chair Mike Rzewuski and right, vice-chair Ray Dreczko |
How Whalerock will manage to borrow $8 million for the two
turbines from banks or investors without being able to calculate its likely
income strikes me as problematic.
One point I haven't heard anyone ask or answer is exactly how will Whalerock deliver its energy to National Grid? If it gets a contract, there will have to be some new cables and transmission system to hook Whalerock up to National Grid's grid. Will this have to go through anyone else's property or through the town's right of way? Or did I miss something?
One point I haven't heard anyone ask or answer is exactly how will Whalerock deliver its energy to National Grid? If it gets a contract, there will have to be some new cables and transmission system to hook Whalerock up to National Grid's grid. Will this have to go through anyone else's property or through the town's right of way? Or did I miss something?
“I Object!”
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| Ron Areglado, CCA appointee to Chariho School Committee, unsuccessful CCA candidate for Town Council, 2012 |
Areglado attacked two of the ZBR members, Richard Frank (former Town Council President Marge Frank’s husband) and Bill Meyer for being biased in favor of Whalerock because, Areglado charged, both of them had been heard to make either derogatory comments about the anti-Whalerock materials and members or pro-Whalerock or pro-Larry LeBlanc remarks.
Areglado asserted that this showed these two ZBR members had
pre-judged the matter before them and that they must recuse themselves.
In his capacity as Counsel to the ZBR, assistant town
solicitor Bob Craven said that it is up to individual public officials to
decide whether or not to recuse themselves. Both Frank and Meyer responded to
Areglado’s charges saying they felt they could do their duty in a fair and
objective manner.
Meyer admitted that he has been friends with Larry LeBlanc
for years, but also noted that as past president of the Sachem Passage
Association, he has also been friends for years with many of the anti-Whalerock
activists. He pledged to follow the law and not his ties to the people on both
sides of this case.
Craven ruled that as Counsel to the ZBR, that was that.
“I Object, Part II”
Whalerock attorney Nick Gorham rose to the podium to ask
that his clients be allowed to present their permit application case in total,
without interruption. Of course, that didn’t happen, as you will read later.
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| John Mancini, representing Charlestown and some anonymous abutters |
Newly hired $50,000 Special Counsel John Mancini introduced
himself stating that he was representing the Town and certain unnamed private
citizens who were abutters.
Town Solicitor Peter Ruggiero introduced himself as such.
This drew the second objection of the evening from Whalerock’s
Nick Gorham who objected to the presence of any counsel from the town. Gorham
stated that Judge Kristin Rodgers' April decision throwing out the Town of
Charlestown’s lawsuit was on the grounds that the Town of Charlestown had no
standing to be involved in Whalerock proceedings.
Gorham noted that the Town of Charlestown appointed the
members of the Zoning Board and that they and they alone who have the right to
represent the town in these proceedings.
“I Object to His Objection!”
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| Town Solicitor Peter Ruggiero - is he looking for records of abutting properties two years into the case? |
Ruggiero exclaimed that he was going to go back to Superior
Court tomorrow to file papers asking the Judge to reconsider her ruling.
Perhaps Councilor Dan Slattery’s now almost forgotten “Quest for the Phantom Properties” paid off. However, more likely it was what
Whalerock attorney Gorham said to rebut Ruggiero’s claim, that Ruggiero might have found some tax forfeiture properties, but that wasn't good enough to become an abutter. That will certainly be an argument for another day.
I don’t know how this will shake out, but it’s seems odd to me that Ruggiero’s discovery comes after Charlestown was booted out
of court not once, but twice.
On to the testimony
Gorham had several witnesses prepped to walk the ZBR though
Whalerock’s application for the Special Use Permit they need to begin
construction.
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| Whalerock principal Michael Carlino gives away some vital details |
Other than that, Carlino’s testimony was pretty standard
fare, except when he tried to make the case for the public benefit that would
come from the Whalerock project.
At this point, Chair Rzewuski broke the no-interruptions
rule to ask Carlino to spell out those benefits. Carlino said that wind energy
was green energy and that’s a good thing, that the taxable value of the land
would go up and that the town would generally benefit.
Rzewuski asked who would make the money and, of course,
Carlino said that Larry LeBlanc (and himself) would. The crowd laughed and
jeered at that and Rzewuski admonished them to maintain order. Carlino said
that this was a business and the whole point was to make money.
But far from clear, in his testimony and in the other
witnesses, was HOW they hope to do that.
When Rzewuski pressed the point about how much revenue the
project would generate, this led to Gorham intervening to state they had no
contract with National Grid and wouldn’t even be talking to them until they
received town approval.
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| Eric Prive |
The maximum height of the turbine blades will be 410 feet.
There are two locations on the site where the turbines can be placed and still
allow a “fall zone” of 451 feet. Those two sites are 95 and 105 feet above sea
level, so as a practical matter, the turbines will be roughly 500 feet above
the Route One roadway.
Rzewuski challenged Prive’s credentials to actually talk
about the turbine since Prive wasn’t involved in the turbine’s design or
construction. Prive explained that his expertise and involvement was doing the
site plan and that the manufacturer of the turbines, Vestas, does the
manufacturing.
“I Object, Parts III, IV and V”
The exchange between Rzewuski and Prive over what areas of
expertise Prive had or didn’t have was all the cue new Special Counsel John
Mancini needed to jump up and object to Prive’s testimony in total. He asked
the ZBR to strike all of Prive’s testimony. I thought I was watching a “Law and
Order” episode, really.
Attorney Gorham jumped and said, “Oh, so you want to play
that game,” and re-stated his objection to Mancini and Ruggiero even being
involved, given Judge Rodgers' decision that the town had no standing.
Rzewuski asked more questions and then Mancini took over
with more questions. Gorham objected again, complaining to Rzewuski that
Mancini was cross-examining his witness when he really didn’t have any right to
be there.
Who Does Mancini Represent?
Gorham also said that Mancini needed to identify who is
clients really are and that identifying them as “abutters” without naming them
was inadequate.
Actually, I think Charlestown taxpayers have the right to know who
Mancini is representing, in addition to the town, and to know who is paying
him? Is the town paying Mancini for these extra clients? Do these clients have
interests separate and different than those of the town?
Mancini didn’t cough up those names, but that is a question
I think the town needs to address and soon.
Mancini did argue, again, that Prive’s testimony should be
striken from the record in its entirety because he failed to credential himself
and be certified by ZBR as an expert witness before he gave his testimony.
Next witness and "I Object" Parts VI & VII
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| David Mendelsohn |
Mancini wanted to disallow Mendelsohn because he is not an expert on noise and did not prepare the noise report he was attempting to explain to the ZBR.
ZBR Chair Rzewuski echoed Mancini’s remark and pressed the
point that he didn’t write the report so how could he discuss it? Mendelsohn
said that (a) he was qualified to discuss the report and (b) Whalerock had
attempted to bring the report writers before the ZBR three times before and
they were never heard.
Need I note that attorney Gorham objected to attorney Mancini cross-examining his witness?
Need I note that attorney Gorham objected to attorney Mancini cross-examining his witness?
Moving on, Rzewuski and vice-chair Ray Dreczko quizzed
Mendelsohn about the various aspects of sound and how it affects people.
Mendelsohn was dismissive about the science backing up those claims and
attempted to explain what the Whalerock sound experts found.
At this point, the meeting started to break down as Rzewuski
kept pressing his questions about the health effects claims and Mendelsohn kept
pushing back. At one point, Rzewuski demanded to know whether he could
guarantee that absolutely no one would be affected by the sound, vibrations or “infrasound”
from the turbines.
Mendelsohn stated that no one could honestly make a
guarantee like that. He said that when it comes to such matters, it’s very
subjective. He cited a study on infrasound where one group of test subjects
were told they were being exposed to infrasound and most of them said they felt
something – whether or not they were actually being exposed.
Another group of subjects were not told anything about
infrasound. Some of that group were exposed to infrasound, others were not.
None of them reported any effects.
That's all for now
Perhaps some amazing thing happened when they re-convened. I
doubt it. Even if something remarkable did happen, I’m willing to bet that one
or two of the lawyers objected to it.
UPDATE: according to the Westerly Sun, the hearing stopped before the Whalerock team could complete its presentation.
As for all those objections each of the lawyers made, ZBR Chair Mike Rzewuski responded to each by saying "duly noted" but did not rule on any of them, at least not while I was there.
UPDATE: according to the Westerly Sun, the hearing stopped before the Whalerock team could complete its presentation.
As for all those objections each of the lawyers made, ZBR Chair Mike Rzewuski responded to each by saying "duly noted" but did not rule on any of them, at least not while I was there.
As I see it, Rzewuski and Dreczko have made it very clear
through their hostile questioning of witnesses that they are pre-disposed to
vote against Whalerock.
The other three voting ZBR members, including Frank and Meyer who were attacked by Ron Areglado for being biased toward Whalerock, said nothing and asked no questions. If Areglado is correct, Frank and Meyer may be Yes votes for Whalerock, especially since they voted for Whalerock in previous ZBR actions.
The other three voting ZBR members, including Frank and Meyer who were attacked by Ron Areglado for being biased toward Whalerock, said nothing and asked no questions. If Areglado is correct, Frank and Meyer may be Yes votes for Whalerock, especially since they voted for Whalerock in previous ZBR actions.
That leaves Ron Crosson as a potential deciding vote if
these proceedings ever end. CORRECTION: I am told by a land use lawyer that Whalerock's application must be approved by a supermajority. That is, 4-1. If Rzewuski and Dreczko, who were openly hostile to Whalerock, vote the way they acted, Whalerock's application will be denied. However, the grounds for an appeal - bias - have already been provided.
Whatever the ZBR ultimately decides, the unhappy loser will almost certainly go back to court.
Whatever the ZBR ultimately decides, the unhappy loser will almost certainly go back to court.
But looking back on what I witnessed of Night #1, I think
the most important take-away is how financially frail and improbable the
Whalerock project is.
From all we’ve learned about this particular project and
about land-based industrial wind projects in Rhode Island in general, what bank
or investor is going to come up with the millions Whalerock says it will need
to build these turbines?
