A civil engineer for Atlantic Wind said he has not reviewed how the route of the PennEast pipeline would coincide with the proposed wind turbine project.

The hearing on the 28-wind turbine project Tuesday included cross-examination of civil engineer Michael Kissinger of Pennoni Associates, who drafted the site plan for the project.

Atlantic Wind has filed an application to build 592-foot turbines on Bethlehem Water Authority property in Penn Forest Township.

This is Atlantic Wind’s second application to build the wind turbines. The first application is under appeal to the Carbon County Court of Common Pleas.

Last month, opposition attorney Bruce Anders asked Kissinger if he had reviewed the conservation easement for the property. Kissinger had said that he had not.

“Have you taken the opportunity to review the conservation easement since the last hearing?” Anders asked. “Have you reviewed the route of the PennEast pipeline, the lease agreement?”

Kissinger said those documents were not part of the application and that he had not reviewed them.

When Anders asked Kissinger if he thought reviewing such documents was important to creating the site plan, Kissinger said, “no.” He said those documents were for attorneys to review and interpret.

Anders continued to push Kissinger, but he replied that it was not “within the purview” of the engineer’s responsibility on the project to interpret such documents.

Kissinger also said information about the consolidation and subdivision of lots within the Bethlehem Water Authority property would be in the land development plan, not the site plan. Kissinger said it was not required to be shown before the hearing board considering the application.

Talking to attorneys

Anders then asked Kissinger if he had met and discussed his past testimony with Atlantic Wind’s attorneys.

Debra Shulski, attorney for Atlantic Wind, objected to Anders’ question on the grounds of attorney-client privilege and relevance.

Greek said that the board would take everyone’s position into consideration, but that it was unclear if attorney-client privilege would apply to the engineer.

“I am listening to the witness,” said Greek. “He is refusing to answer. I think that it’s fair to ask the question.”

Kissinger responded by stating that his testimony was his own.

“Frankly I think he has evaded all these questions,” said Greek. “He previously testified that this plan meets the ordinance and supposedly corrected things from the previous application.”

Anders then made an objection to the board on the basis that he believed that in the interval between the last hearing on April 4 and this hearing that Kissinger had met and discussed his testimony with Atlantic Wind’s attorneys.

When asked if he believed that this wind turbine project would “substantially affect the neighborhood” by Anders, Kissinger’s response was that the effect would be “no greater than any other wind turbine project.”

Kissinger relied on the fact that wind turbines are a “permitted use by special exception” identified in the Subdivision and Land Development Ordinance of Penn Forest Township.

“If it’s a permitted use, it must be OK,” Kissinger said.

Kissinger also deferred all questions related to the safety of the project to Atlantic Wind’s Director of Development Craig Poff.

Kissinger said the lot revisions would allow the project to move forward without Atlantic Wind needing to get waivers from the Bethlehem Authority for setbacks on some of the parcels that would contain wind turbines.

Impact

Township solicitor Thomas Nanovic Jr. pointed out that while Kissinger had said a number of times the project would have no greater impact than any other wind turbine project, that Kissinger himself had no experience with other wind turbine projects.

“I beg to differ,” Kissinger said. “You could replace the word wind turbine with pharmacy. It’s a permitted special exception use.”

The next hearing is tentatively set for May 8 at the Penn Forest Volunteer Fire Company No. 1. Testimony at that time will be from a witness on behalf of the Bethlehem Water Authority.

At the conclusion of the hearing, Poff was asked about the hearings and the fate of the project.

“We continue to be really excited about the project,” Poff said.

“We have responded more to citizens’ concerns and look forward to building a project that will create jobs, more than $100,000 in tax revenue for the Jim Thorpe School District and $20,000 in taxes for Carbon County. This project will create clean, homegrown energy for generations to come.”