Saturday, December 30, 2006

HOW TURBINES BECAME UTILITIES IN CAPE VINCENT

Preface

A reader sent me this; it is a good chronological progression of the events that unfolded in Cape Vincent.
These events ultimately led to the wind turbines being designated as utilities. This is the Truth and there is documentation to support it. Additionally the planning board and Town board in Cape Vincent are self serving liars, the planning board of Cape Vincent isn’t even following its own comprehensive plan. A comprehensive plan is a means to promote the health, safety and general welfare of the people in the community and give due consideration to the needs of the people in the region of which the community is a part.
K.M.

THE STORY OF HOW WIND TURBINES BECAME UTILITIES


THE BEGINNING

Nov. 8, 2006 Planning Board meeting:

Planning Board Chairman, Mr.Edsall and the planning board (PB) are asked the critical question that sparks the controversy.

“Is a wind farm an acceptable site plan review use in the agricultural district?”

Is this question asked by Acciona? The minutes aren’t clear.
The Planning board chairman, Mr. Edsall asks his board for a vote on the question. They vote 5-0 yes. (With 3 conflicted votes) Note that the question is NOT are wind turbines a utility.
That is where the confusion starts. The question is about a wind farm being a proper site plan review use. This is a very important point.

The Problem:

There is no discussion on why a wind farm is acceptable as a site plan use in the AG district by the PB. They give NO rational as to why it is allowed or under what category it might fall. There are 12 site plan review uses allowed in the AG district. A wind farm is not listed as a use. Utilities, light industrial, and commercial ARE listed uses, but the planning board never says which use a wind farm is. They just say it is acceptable and move on.

So they must have had some reason in their heads. They never clearly define why wind turbines are allowed and why.
Did they think that they are a utility because that is what the wind company told them? And that was what SLW listed on their permit application?

There is also the problem that it is out of the jurisdiction of the PB to make this determination or answer this question.
NY Town Law does not give the PB the power to interpret zoning law.
That is for the Zoning Enforcement Officer Alan Wood, and if there is a question it goes to the Zoning Board of Appeals. So even though everyone blames WPEG, it is the planning board that screwed up 1st.


Dec 2006: VERY IMPORTANT

WPEG challenges the planning board’s decision before the CV Zoning Board of Appeal.

It is critical to understand that… WPEG did not challenge whether turbines are utilities. They only asked for a determination, that if a wind farm is an acceptable site plan review use, which use is it, because wind farms are not listed?

The problem starts here because

SLW AND THEIR LAWYERS SWEEP IN AND SAY…”OH OUR PROJECT IS OK IN THE AG DISTRICT BECAUSE IT IS A UTILITY UNDER YOUR CURRENT ZONING AND UTILITIES DEFINITION”.

WPEG never said a word about utilities…it was SLW who defined turbines as utilities. Then WPEG challenged that as well, saying a wind farm is not a utility as defined by Cape Vincent’s zoning law. This is important…how did WPEG get blamed for turbines being utilities if they were fighting that turbines are not utilities…this makes no sense at all.

It is also very important to note that SLW’s application for a permit, and site plan review that was turned in to the town, also says their wind farm should be considered a utility.

WPEG didn’t write that on their application for them. The important thing is that even if WPEG didn’t challenge the PB decision these projects would have moved forward as utilities ANYHOW because that is what SLW put on their application. If nobody challenged it, it would have moved forward as a utility anyhow.

Now the other thing that is being lied about is they are saying WPEG is at fault for killing the 2006 wind law.

At the end of this post, I have included the minutes of an Aug 2006 meeting where [ Supervisor Reinbeck stated that on behalf of the board, he will request the planning board to adopt our proposed wind tower regulations as a guideline during their site plan review process]. So that is a lie too.
Also at the bottom of this post, is a letter from Richard Edsall: June 14, 2006. We propose that the town board abandon its efforts to amend the current zoning law.

Why does Reinbeck start a wind law committee, spend $20,000 on the law, and spend 5 months on it, when he knows he can’t pass it anyhow because of the conflicts of interest on his board? The answer is because he never wanted a wind law to begin with unless it was very weak and favored the wind company.

The wind law was finished in Jan…it is now almost May.
He is not going to pass a wind law because he and Edsall and the board and the lease holders do not want one.

No matter what they say, they want turbines as utilities so they can put as many of them in as possible and as close to the river and lake as possible!!!! THEY ARE LIARS!!!!
But to do this and create a public diversion they will blame WPEG for all the points above.

You have to have something for cover when you recklessly waste $20,000 of tax payer money.
Unsigned


Wednesday, December 20, 2006

NYDEC submits a letter to the PB and Edsall concerning the pending DEIS

Dec. 20,2006:

The NYDEC submits a letter to the PB and Edsall concerning the pending DEIS and the town as lead agency. They do not object to the town PB as lead agency. However, they are not aware of the conflicts of interest since there is no mention of it in their letter, and more importantly, no conflicted town officers at this point had made any official disclosures as required by the town’s ethics code. So the DEC and public could not be aware of the conflicts. They recommend that a public scoping be done so important studies get included, and the public and other involved agencies have input. As you will see later the scoping was skipped over despite the request of experts at the DEC who express concerns over wind farm impacts particularly in this area. In addition the letter outlines numerous areas of study the DEC thinks are important.
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