Immediately prior to the town pulling the NK Green turbine permit for a second time, the applicant changed from the Vestas V100 turbine on the original permit application, the model that had been presented to the ZBR during the process of obtaining a special use permit, to a Chinese Goldwind 1.5 MW turbine. The town pulled the permit as a result of that change requesting more details. At least some of those requested items were supplied by the applicant, and the permit was reinstated.
The town solicitor is of the opinion that the change from a Vestas V100 turbine to the Goldwind GW87 is not significant enough to revoke the permit a third time. The town manager and solicitor have both received information that indicates another condition of the permit may be violated — that the noise level beyond lot 23 will be above the town limit. They have both publicly stated that should this happen, the town will pull the operating permit for the turbine — although it may be that a court would decide that a noise violation in the common/open space harms no one, and therefore would do nothing. Apparently the law is not the law unless there is someone there to be harmed?
So as of this point in time the applicant has the permit back and can continue construction of the foundation.
However, there is another issue. There is currently no proof in the hands of the solicitor that indicates that the turbine has been certified. The town has stated that no operation permit will be granted unless certification has been received. TUV, the international group that certifies many turbines has no record of the Goldwind GW87 turbine having been applied for as of May of 2011 (other Goldwind models are in the “pending” category, but none are listed as certified as of May of 2011).
In the words of the Town Council President, it is very likely that the construction of the NK Green turbine will be completed. As such she has tasked the working group with the responsibility of writing the codes and enforcement criteria to ensure that the turbine is operated in a safe manor consistent with the town laws.