TUESDAY, AUGUST 25, 2009
Letter to the editor WDT
Finally, John Byrne's recording of town of Cape Vincent meetings is of some value. The taping of the last board meeting on Aug. 13 shows what our elected officials have to endure to do the job they were elected to do, and it is my opinion that they are doing just that despite the harassment they are given.
If you go to Newzjunky and click on Cape Vincent Town Meeting, then listen for the loudest voice on the tape. It is the voice of Tom Gormel, launching an unprovoked, uncalled for and very unprofessional verbal attack on Supervisor Thomas Rienbeck.
Then read the Aug. 11 letter in this paper captioned "Cape supervisor wrong to stop videotaping," written by the same Tom Gormel.
I suggest it is Mr. Gormel who owes our town supervisor a public apology.
Robert Chapman
Cape Vincent
Tuesday, August 25, 2009
Tuesday, August 18, 2009
News 10 Now | 24 Hour Local News | TOP STORIES | Moving forward after police called to Cape Vincent town council meeting
News 10 Now | 24 Hour Local News | TOP STORIES | Moving forward after police called to Cape Vincent town council meeting
Updated 08/18/2009 06:52 AM
Click link for news 10 video
CAPE VINCENT, N.Y. -- The Cape Vincent town meetings have been getting pretty heated lately. Last week the police were even called.
Town officials' issue is with John Byrne who has been recording the meetings for more than a year. Their biggest concern is that the video is being taken out of context and used on blogs as an attack tactic.
"They're only showing one portion of the videos, which everything you've seen, when you see the blowups, they've only been of them. They have not been any videos of the rest of the audience. No video of how maybe the planning board or town board member got upset to begin," said Thomas Rienbeck, Cape Vincent Town Supervisor.
But legal experts say there's nothing wrong with only posting portions.
"The courts have said that once somebody records a meeting, the fact that it may be edited or altered or even used out of context is beyond anybody's control. It's perfectly valid," said Robert Freeman, NYS Committee on Open Government Executive Director.
Byrne says he's only been posting portions of the meeting because of logistical and time constraints.
"To post a whole meeting would take an enormous amount of time. YouTube allows you to only post approximately 10 minutes at a time, so I try to grab 10 minutes of every meeting that the residents seem to be the most interested in," said John Byrne, Cape Vincent resident.
Town officials are concerned about what will happen at future meetings.
"Where do you draw the line on this saying this is being abusive and disrupting meetings. But they're not coming out and saying that. How far do you go before you say this is enough?" said Rienbeck.
But both town officials and Byrne say they're not going anywhere.
"I will continue to record the meetings. It's a constitutional right. I feel it should be exercised. If they did it, then the citizens wouldn't have to," said Byrne.
And town officials say they're looking into just that.
Town officials say they're also looking into changing the structure of their meetings to prevent further outbursts and arguments.
Updated 08/18/2009 06:52 AM
Click link for news 10 video
CAPE VINCENT, N.Y. -- The Cape Vincent town meetings have been getting pretty heated lately. Last week the police were even called.
Town officials' issue is with John Byrne who has been recording the meetings for more than a year. Their biggest concern is that the video is being taken out of context and used on blogs as an attack tactic.
"They're only showing one portion of the videos, which everything you've seen, when you see the blowups, they've only been of them. They have not been any videos of the rest of the audience. No video of how maybe the planning board or town board member got upset to begin," said Thomas Rienbeck, Cape Vincent Town Supervisor.
But legal experts say there's nothing wrong with only posting portions.
"The courts have said that once somebody records a meeting, the fact that it may be edited or altered or even used out of context is beyond anybody's control. It's perfectly valid," said Robert Freeman, NYS Committee on Open Government Executive Director.
Byrne says he's only been posting portions of the meeting because of logistical and time constraints.
"To post a whole meeting would take an enormous amount of time. YouTube allows you to only post approximately 10 minutes at a time, so I try to grab 10 minutes of every meeting that the residents seem to be the most interested in," said John Byrne, Cape Vincent resident.
Town officials are concerned about what will happen at future meetings.
"Where do you draw the line on this saying this is being abusive and disrupting meetings. But they're not coming out and saying that. How far do you go before you say this is enough?" said Rienbeck.
But both town officials and Byrne say they're not going anywhere.
"I will continue to record the meetings. It's a constitutional right. I feel it should be exercised. If they did it, then the citizens wouldn't have to," said Byrne.
And town officials say they're looking into just that.
Town officials say they're also looking into changing the structure of their meetings to prevent further outbursts and arguments.
Moving forward after police called to Cape Vincent town council meeting
Updated 08/18/2009 06:52 AM
By: Katie Gibas
Link -->here<-- to see YNN video
CAPE VINCENT, N.Y. -- The Cape Vincent town meetings have been getting pretty heated lately. Last week the police were even called.
Town officials' issue is with John Byrne who has been recording the meetings for more than a year. Their biggest concern is that the video is being taken out of context and used on blogs as an attack tactic.
"They're only showing one portion of the videos, which everything you've seen, when you see the blowups, they've only been of them. They have not been any videos of the rest of the audience. No video of how maybe the planning board or town board member got upset to begin," said Thomas Rienbeck, Cape Vincent Town Supervisor.
But legal experts say there's nothing wrong with only posting portions.
"The courts have said that once somebody records a meeting, the fact that it may be edited or altered or even used out of context is beyond anybody's control. It's perfectly valid," said Robert Freeman, NYS Committee on Open Government Executive Director.
Byrne says he's only been posting portions of the meeting because of logistical and time constraints.
"To post a whole meeting would take an enormous amount of time. YouTube allows you to only post approximately 10 minutes at a time, so I try to grab 10 minutes of every meeting that the residents seem to be the most interested in," said John Byrne, Cape Vincent resident.
Town officials are concerned about what will happen at future meetings.
"Where do you draw the line on this saying this is being abusive and disrupting meetings. But they're not coming out and saying that. How far do you go before you say this is enough?" said Rienbeck.
But both town officials and Byrne say they're not going anywhere.
"I will continue to record the meetings. It's a constitutional right. I feel it should be exercised. If they did it, then the citizens wouldn't have to," said Byrne.
And town officials say they're looking into just that.
Town officials say they're also looking into changing the structure of their meetings to prevent further outbursts and arguments.
By: Katie Gibas
Link -->here<-- to see YNN video
CAPE VINCENT, N.Y. -- The Cape Vincent town meetings have been getting pretty heated lately. Last week the police were even called.
Town officials' issue is with John Byrne who has been recording the meetings for more than a year. Their biggest concern is that the video is being taken out of context and used on blogs as an attack tactic.
"They're only showing one portion of the videos, which everything you've seen, when you see the blowups, they've only been of them. They have not been any videos of the rest of the audience. No video of how maybe the planning board or town board member got upset to begin," said Thomas Rienbeck, Cape Vincent Town Supervisor.
But legal experts say there's nothing wrong with only posting portions.
"The courts have said that once somebody records a meeting, the fact that it may be edited or altered or even used out of context is beyond anybody's control. It's perfectly valid," said Robert Freeman, NYS Committee on Open Government Executive Director.
Byrne says he's only been posting portions of the meeting because of logistical and time constraints.
"To post a whole meeting would take an enormous amount of time. YouTube allows you to only post approximately 10 minutes at a time, so I try to grab 10 minutes of every meeting that the residents seem to be the most interested in," said John Byrne, Cape Vincent resident.
Town officials are concerned about what will happen at future meetings.
"Where do you draw the line on this saying this is being abusive and disrupting meetings. But they're not coming out and saying that. How far do you go before you say this is enough?" said Rienbeck.
But both town officials and Byrne say they're not going anywhere.
"I will continue to record the meetings. It's a constitutional right. I feel it should be exercised. If they did it, then the citizens wouldn't have to," said Byrne.
And town officials say they're looking into just that.
Town officials say they're also looking into changing the structure of their meetings to prevent further outbursts and arguments.
Sunday, August 16, 2009
Expert: resident can tape meetings
Expert: resident can tape meetingsCAPE VINCENT FLAP: Open Meetings Law does not forbid videos
By JAEGUN LEE
TIMES STAFF WRITER
SUNDAY, AUGUST 16, 2009
CAPE VINCENT — Keep that camera rolling.
John L. Byrne, a town resident who was almost arrested for videotaping a Town Council meeting Thursday, should be allowed to tape the meetings, according to Robert J. Freeman, executive director of the state Committee on Open Government.
"Anybody can videotape or audio record an open meeting so long as the device is not disruptive or obtrusive," Mr. Freeman said.
There is nothing in the Open Meetings Law to address the issue, he said. However, there are judicial precedents allowing the use of tape recorders at open meetings, and those would apply to the use of video recorders, Mr. Freeman said.
Town Supervisor Thomas K. Rienbeck called police to arrest Mr. Byrne shortly after the meeting started Thursday night.
Deputy Sheriff Shaun D. Cuddeback, who was called into the meeting along with village Police Chief Thomas S. Strejlau, took the Town Council members outside to advise them that they could face a civil suit if an arrest was made.
No arrest was made, and Mr. Byrne was allowed to tape the meeting.
"The camera is disruptive of the meeting," Councilman Joseph H. Wood said.
Mr. Rienbeck said he wanted to stop Mr. Byrne from taping the meeting because, he said, the footage would be edited for the sole purpose of humiliating the town officials.
"They are just trying to degrade the town board," Mr. Rienbeck said. "They're waiting for somebody, like me or the Planning Board chairman, Richard Edsall, to lose temper."
For several years, the Town Council has been in conflict with the Wind Power Ethics Group, which opposes unregulated wind development in Cape Vincent, over the proposed wind development projects in the town.
Mr. Byrne is a member of WPEG.
There are two wind projects proposed in Cape Vincent: the Cape Vincent Wind Farm in the southern part of the town's agricultural district and the St. Lawrence Wind Farm planned for the northern agricultural district.
Jefferson County Legislator Michael J. Docteur, R-Cape Vincent, said the town should allow the public to videotape its meetings regardless of how the content is used.
"Any one of you can sit home, you can cut that and paste it to a blog and make all the derogatory remarks you want. It's free press," he said. "That's the 21st-century medium."
Mr. Byrne said he started attending town meetings four years ago and filmed about a dozen town meetings to share with people who were unable to attend.
His footage of the first eight minutes of Thursday's council meeting was posted on YouTube and was viewed more than 1,000 times by Friday afternoon.
Mr. Byrne said he will continue to record the town meetings despite the criticism from the town officials.
"If it's a constitutional right given to us, I will exercise that right," he said.
By JAEGUN LEE
TIMES STAFF WRITER
SUNDAY, AUGUST 16, 2009
CAPE VINCENT — Keep that camera rolling.
John L. Byrne, a town resident who was almost arrested for videotaping a Town Council meeting Thursday, should be allowed to tape the meetings, according to Robert J. Freeman, executive director of the state Committee on Open Government.
"Anybody can videotape or audio record an open meeting so long as the device is not disruptive or obtrusive," Mr. Freeman said.
There is nothing in the Open Meetings Law to address the issue, he said. However, there are judicial precedents allowing the use of tape recorders at open meetings, and those would apply to the use of video recorders, Mr. Freeman said.
Town Supervisor Thomas K. Rienbeck called police to arrest Mr. Byrne shortly after the meeting started Thursday night.
Deputy Sheriff Shaun D. Cuddeback, who was called into the meeting along with village Police Chief Thomas S. Strejlau, took the Town Council members outside to advise them that they could face a civil suit if an arrest was made.
No arrest was made, and Mr. Byrne was allowed to tape the meeting.
"The camera is disruptive of the meeting," Councilman Joseph H. Wood said.
Mr. Rienbeck said he wanted to stop Mr. Byrne from taping the meeting because, he said, the footage would be edited for the sole purpose of humiliating the town officials.
"They are just trying to degrade the town board," Mr. Rienbeck said. "They're waiting for somebody, like me or the Planning Board chairman, Richard Edsall, to lose temper."
For several years, the Town Council has been in conflict with the Wind Power Ethics Group, which opposes unregulated wind development in Cape Vincent, over the proposed wind development projects in the town.
Mr. Byrne is a member of WPEG.
There are two wind projects proposed in Cape Vincent: the Cape Vincent Wind Farm in the southern part of the town's agricultural district and the St. Lawrence Wind Farm planned for the northern agricultural district.
Jefferson County Legislator Michael J. Docteur, R-Cape Vincent, said the town should allow the public to videotape its meetings regardless of how the content is used.
"Any one of you can sit home, you can cut that and paste it to a blog and make all the derogatory remarks you want. It's free press," he said. "That's the 21st-century medium."
Mr. Byrne said he started attending town meetings four years ago and filmed about a dozen town meetings to share with people who were unable to attend.
His footage of the first eight minutes of Thursday's council meeting was posted on YouTube and was viewed more than 1,000 times by Friday afternoon.
Mr. Byrne said he will continue to record the town meetings despite the criticism from the town officials.
"If it's a constitutional right given to us, I will exercise that right," he said.
Friday, August 14, 2009
Board to review moratorium petition
Board to review moratorium petition
NO ACTION TAKEN: Cape Vincent man says townwide, not limited, hold on wind development preferred
By JAEGUN LEE
TIMES STAFF WRITER
FRIDAY, AUGUST 14, 2009
CAPE VINCENT — A petition with more than 650 signatures was submitted at the Town Board meeting Thursday asking officials to enact a one-year, townwide moratorium on wind development.
The board is considering a six-month moratorium for the lakefront and riverfront districts, but took no action regarding any moratorium on wind development at a meeting.
"Most people feel that this limited moratorium is not effective," said David LaMora, a town resident who submitted the petition Thursday.
The county Planning Board also recently recommended a townwide moratorium instead of the proposed limited moratorium at its meeting July 28.
"The county Planning Board stepped out of line to make that decision," town Supervisor Thomas K. Rienbeck said Thursday.
Mr. Rienbeck promised the town board will review the petition, but said officials do not plan to enact a townwide moratorium. He said there were no valid reasons for having a townwide wind ban.
"The wind companies are at least a year away from getting any kind of approval," Mr. Rienbeck said. "I can't personally see how it will benefit any of us."
The proposed six-month waterfront moratorium, on the other hand, would prevent town residents from erecting personal wind turbines along Lake Ontario and the St. Lawrence River while the town drafts a law to regulate wind development, he said.
"We've already had four request for personal wind turbines," Mr. Rienbeck said.
The waterfront districts run north of Route 12E east of the village, and to County Route 6 north of Mud Bay west of the village.
Mr. Rienbeck said the town's attorneys at Whiteman, Osterman & Hanna, Albany, are fine-tuning a new wind law, and he hopes to see the law adopted before the end of this year.
Art Pundt, a town resident, said it only took about two to three weeks for about 15 volunteers to gather 665 signatures. He said the volunteers gathered the petitions from a cross-section of town residents, and he believes most of the town residents, and not only the "anti-wind people," want a townwide moratorium.
Mr. LaMora said the town board should schedule a public hearing on a wind moratorium before Labor Day, when the summer residents start to leave. No such hearing is scheduled.
The next town council meeting will be held at 6 p.m. Sept. 10 at the town office on Route 12E.
NO ACTION TAKEN: Cape Vincent man says townwide, not limited, hold on wind development preferred
By JAEGUN LEE
TIMES STAFF WRITER
FRIDAY, AUGUST 14, 2009
CAPE VINCENT — A petition with more than 650 signatures was submitted at the Town Board meeting Thursday asking officials to enact a one-year, townwide moratorium on wind development.
The board is considering a six-month moratorium for the lakefront and riverfront districts, but took no action regarding any moratorium on wind development at a meeting.
"Most people feel that this limited moratorium is not effective," said David LaMora, a town resident who submitted the petition Thursday.
The county Planning Board also recently recommended a townwide moratorium instead of the proposed limited moratorium at its meeting July 28.
"The county Planning Board stepped out of line to make that decision," town Supervisor Thomas K. Rienbeck said Thursday.
Mr. Rienbeck promised the town board will review the petition, but said officials do not plan to enact a townwide moratorium. He said there were no valid reasons for having a townwide wind ban.
"The wind companies are at least a year away from getting any kind of approval," Mr. Rienbeck said. "I can't personally see how it will benefit any of us."
The proposed six-month waterfront moratorium, on the other hand, would prevent town residents from erecting personal wind turbines along Lake Ontario and the St. Lawrence River while the town drafts a law to regulate wind development, he said.
"We've already had four request for personal wind turbines," Mr. Rienbeck said.
The waterfront districts run north of Route 12E east of the village, and to County Route 6 north of Mud Bay west of the village.
Mr. Rienbeck said the town's attorneys at Whiteman, Osterman & Hanna, Albany, are fine-tuning a new wind law, and he hopes to see the law adopted before the end of this year.
Art Pundt, a town resident, said it only took about two to three weeks for about 15 volunteers to gather 665 signatures. He said the volunteers gathered the petitions from a cross-section of town residents, and he believes most of the town residents, and not only the "anti-wind people," want a townwide moratorium.
Mr. LaMora said the town board should schedule a public hearing on a wind moratorium before Labor Day, when the summer residents start to leave. No such hearing is scheduled.
The next town council meeting will be held at 6 p.m. Sept. 10 at the town office on Route 12E.
Thursday, August 13, 2009
Cape Vincent Town Wind Energy Development Moratorium.~ Petition
At the Town Board meeting of Aug. 13, 2009, a petition, asking for a wind development moratorium with over 650 signatures on it.
~~~~
Text of petition:
Cape Vincent Town Wind Energy Development Moratorium.
There is new and increasing information concerning a negative effect of large wind turbines. In order to fully examine these issues, we the undersigned citizens of Cape Vincent, New York hereby request the Cape Vincent town board to enact a one-year moratorium on all wind energy development in all, town zoning district's.
While we a knowledge the prohibited status of the town board members take action regarding wind development issues. We maintain the above action would not constitute a violation of that status, but rather be a meaningful attempt to address this issue. I considering the voice of the people.
link here for better view
~~~~
Text of petition:
Cape Vincent Town Wind Energy Development Moratorium.
There is new and increasing information concerning a negative effect of large wind turbines. In order to fully examine these issues, we the undersigned citizens of Cape Vincent, New York hereby request the Cape Vincent town board to enact a one-year moratorium on all wind energy development in all, town zoning district's.
While we a knowledge the prohibited status of the town board members take action regarding wind development issues. We maintain the above action would not constitute a violation of that status, but rather be a meaningful attempt to address this issue. I considering the voice of the people.
link here for better view
Wednesday, August 12, 2009
Sunday, August 9, 2009
Save The River calls for a Moratorium
Save The River sent a letter to Supervisor Rienbeck Aug. 9, 2009 asking that a moratorium on wind development be established. Their request fell upon deaf ears.
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Wednesday, August 5, 2009
Cape ZBA declares wind turbine illegal
By JAEGUN LEE
TIMES STAFF WRITER
WEDNESDAY, AUGUST 5, 2009
CAPE VINCENT — Personal wind turbines taller than 35 feet are illegal, the town's Zoning Board of Appeals decided Monday.
The ZBA voted unanimously at its monthly meeting that Roger D. Alexander's 92-foot-tall residential wind turbine is in violation of the town's zoning law.
Link to WDT article and comments -->here
TIMES STAFF WRITER
WEDNESDAY, AUGUST 5, 2009
CAPE VINCENT — Personal wind turbines taller than 35 feet are illegal, the town's Zoning Board of Appeals decided Monday.
The ZBA voted unanimously at its monthly meeting that Roger D. Alexander's 92-foot-tall residential wind turbine is in violation of the town's zoning law.
Link to WDT article and comments -->here
Tuesday, August 4, 2009
Transmission lines plan requires state approval
ST. LAWRENCE WIND FARM: Preferred route would run through land controlled by DEC
By NANCY MADSEN
TIMES STAFF WRITER
TUESDAY, AUGUST 4, 2009
CAPE VINCENT — In addition local approval and state and federal permits, the proposed St. Lawrence Wind Farm will need an act of the state Legislature to run a transmission line to a substation outside of Chaumont.
According to developer Acciona Wind Energy USA LLC's supplemental draft environmental impact statement, the preferred route for a transmission line from the 53-turbine facility runs 9 miles from a substation on Swamp Road in the project area to a National Grid substation on County Route 179 in the town of Lyme.
About 1.6 miles will be through Ashland Flats Wildlife Management Area in Cape Vincent and Lyme. The state Department of Environmental Conservation controls the area.
In comments on the statement, DEC said putting a transmission line in the area would require an act of the state Legislature and the exchange of suitable property for public use. The comments warned that a bill has not yet been introduced, with no indication of when that would happen, so an alternative route may be required.
"We are aware of the process that is required," Acciona project manager Peter E. Zedick said in an e-mail last week. "We have been discussing the issue with the Real Property division of the DEC in the Watertown office."
The usual choice for introducing a bill would be the local representatives to the state Assembly and Senate. But Sen. Darrel J. Aubertine, D-Cape Vincent, has a lease with Acciona for possible turbine location on his property, creating a possible conflict.
Sen. Aubertine's office declined to comment on the matter.
Acciona said it plans to build much of its transmission line along the water line operated by the Development Authority of the North Country. The easements for the water line follow the abandoned New York Central Railroad corridor.
That line takes water from a plant in Cape Vincent to Glen Park, serving towns, villages and schools along the way. Placement in or along the DANC easement would extend for about 7.5 miles, or 85 percent of the electric transmission line's length.
But DANC would have to approve the plan. Officials there said they are still waiting for responses from the developer on questions. DANC Chief Executive Officer James W. Wright said in May the authority had sent a letter last summer and met with the developer last fall, then repeated the questions to Cape Vincent Supervisor Thomas K. Rienbeck in another letter in April.
The authority asked for information on National Electric Safety Code requirements for electric transmission line construction close to water lines, plans for the electric transmission line in the DANC easement, planned pole placement in the easement and a list of easements already secured.
Mr. Wright said Monday he has not heard back from the developer or Mr. Rienbeck.
In May, DEC asked DANC whether discussions had occurred between DANC and Acciona.
"I indicated we hadn't heard back from them," Mr. Wright said.
DEC's Region 6 office has heard from Acciona. Spokesman Stephen W. Litwhiler said the two communicated in May and had an e-mail exchange about wetland mitigation in June.
Acciona submitted a complete application for a federal Clean Water Act and state Freshwater Wetland permit on July 22.
In the application, Acciona said it will permanently fill 0.33 acre of wetlands on the 7,600-acre project development area, including along the proposed transmission line route. About 1.95 acres will be affected temporarily.
The application also said Acciona will place 11 overhead power poles adjacent to two DEC-registered wetlands, within the DANC easement.
Acciona offered to establish new wetlands totaling 0.7 acre, restore 1.95 acres that will be temporarily hurt and create at least an acre for a conservation easement.
The application is available for the public to review at the Cape Vincent Public Library, 157 N. Real St., Cape Vincent. DEC will accept comments on the application until Aug. 28.
DEC permit application notice link here
By NANCY MADSEN
TIMES STAFF WRITER
TUESDAY, AUGUST 4, 2009
CAPE VINCENT — In addition local approval and state and federal permits, the proposed St. Lawrence Wind Farm will need an act of the state Legislature to run a transmission line to a substation outside of Chaumont.
According to developer Acciona Wind Energy USA LLC's supplemental draft environmental impact statement, the preferred route for a transmission line from the 53-turbine facility runs 9 miles from a substation on Swamp Road in the project area to a National Grid substation on County Route 179 in the town of Lyme.
About 1.6 miles will be through Ashland Flats Wildlife Management Area in Cape Vincent and Lyme. The state Department of Environmental Conservation controls the area.
In comments on the statement, DEC said putting a transmission line in the area would require an act of the state Legislature and the exchange of suitable property for public use. The comments warned that a bill has not yet been introduced, with no indication of when that would happen, so an alternative route may be required.
"We are aware of the process that is required," Acciona project manager Peter E. Zedick said in an e-mail last week. "We have been discussing the issue with the Real Property division of the DEC in the Watertown office."
The usual choice for introducing a bill would be the local representatives to the state Assembly and Senate. But Sen. Darrel J. Aubertine, D-Cape Vincent, has a lease with Acciona for possible turbine location on his property, creating a possible conflict.
Sen. Aubertine's office declined to comment on the matter.
Acciona said it plans to build much of its transmission line along the water line operated by the Development Authority of the North Country. The easements for the water line follow the abandoned New York Central Railroad corridor.
That line takes water from a plant in Cape Vincent to Glen Park, serving towns, villages and schools along the way. Placement in or along the DANC easement would extend for about 7.5 miles, or 85 percent of the electric transmission line's length.
But DANC would have to approve the plan. Officials there said they are still waiting for responses from the developer on questions. DANC Chief Executive Officer James W. Wright said in May the authority had sent a letter last summer and met with the developer last fall, then repeated the questions to Cape Vincent Supervisor Thomas K. Rienbeck in another letter in April.
The authority asked for information on National Electric Safety Code requirements for electric transmission line construction close to water lines, plans for the electric transmission line in the DANC easement, planned pole placement in the easement and a list of easements already secured.
Mr. Wright said Monday he has not heard back from the developer or Mr. Rienbeck.
In May, DEC asked DANC whether discussions had occurred between DANC and Acciona.
"I indicated we hadn't heard back from them," Mr. Wright said.
DEC's Region 6 office has heard from Acciona. Spokesman Stephen W. Litwhiler said the two communicated in May and had an e-mail exchange about wetland mitigation in June.
Acciona submitted a complete application for a federal Clean Water Act and state Freshwater Wetland permit on July 22.
In the application, Acciona said it will permanently fill 0.33 acre of wetlands on the 7,600-acre project development area, including along the proposed transmission line route. About 1.95 acres will be affected temporarily.
The application also said Acciona will place 11 overhead power poles adjacent to two DEC-registered wetlands, within the DANC easement.
Acciona offered to establish new wetlands totaling 0.7 acre, restore 1.95 acres that will be temporarily hurt and create at least an acre for a conservation easement.
The application is available for the public to review at the Cape Vincent Public Library, 157 N. Real St., Cape Vincent. DEC will accept comments on the application until Aug. 28.
DEC permit application notice link here
Saturday, August 1, 2009
Cape Vincent ~ Woman protests turbine
Woman protests turbine
By JAEGUN LEE
TIMES STAFF WRITER
SATURDAY, AUGUST 1, 2009
CAPE VINCENT — A town resident is in a dispute with the town's zoning board over her neighbor's wind turbine, which she believes is too close to her property.
"I want it down," said Mary C. Grogan, a seasonal town resident who lives next to Roger D. Alexander.
Ms. Grogan, County Route 7, said the turbine is too close to her residence and she is worried the turbine will affect her son,who has cerebral palsy.
Opponents of wind turbines argue that noise and shadow flicker could cause headaches and even trigger seizures .
Ms. Grogan said she was not given an opportunity to protest the turbine because the town's Zoning Board of Appeals did not hold a site plan review for the structure.
The town's zoning officer, Alan Wood, said the turbine did not require a site plan review because it was considered a utility and an accessory structure. Turbines are classified as utilities under the town's zoning law.
However, Ms. Grogan said, if the turbine is considered an accessory structure, it should not be taller than the 35 feet allowed under the town's zoning law.
Mr. Alexander's permit says the wind turbine is 128 foot tall. Mr. Wood said the turbine is actually 92 feet tall. Both Mr. Wood and Clifford P. Schneider, a town resident who helped Ms. Grogan take measurements, said the turbine is about 108 feet from the property line.
"It's one of those gray areas," Mr. Wood said. "I personally went to the zoning and planning board asking if there was anything against putting up a residential wind tower. They said no."
He said there are no rules for setbacks and heights for residential wind turbines in the zoning ordinance.
"None of Mary's arguments are true," he said.
ZBA Chairman Edward P. Bender said a site plan review would not be required for putting up a wind turbine in the town.
Mr. Alexander, owner of the Lazy Acres Mobile Home Park, said everything he did was legal and he did everything the town required him to do.
"I do what's right," he said, adding this isn't the first time he has had a dispute with Ms. Grogan.
Ms. Grogan also said the turbine was erected on the wrong lot. Mr. Alexander's turbine was built on a piece of land next to the lot that was on his initial permit.
Mr. Wood said Mr. Alexander renewed his permit just before he erected the turbine and corrected the "typographical error" he made in the previous permit.
Ms. Grogan said she is considering hiring a lawyer if the town refuses to order Mr. Alexander to take down his turbine.
Ms. Grogan said she will attend the next Zoning Board of Appeals meeting to air her concerns. The ZBA will meet at 7 p.m. Monday at the town offices on Route 12E.
By JAEGUN LEE
TIMES STAFF WRITER
SATURDAY, AUGUST 1, 2009
CAPE VINCENT — A town resident is in a dispute with the town's zoning board over her neighbor's wind turbine, which she believes is too close to her property.
"I want it down," said Mary C. Grogan, a seasonal town resident who lives next to Roger D. Alexander.
Ms. Grogan, County Route 7, said the turbine is too close to her residence and she is worried the turbine will affect her son,who has cerebral palsy.
Opponents of wind turbines argue that noise and shadow flicker could cause headaches and even trigger seizures .
Ms. Grogan said she was not given an opportunity to protest the turbine because the town's Zoning Board of Appeals did not hold a site plan review for the structure.
The town's zoning officer, Alan Wood, said the turbine did not require a site plan review because it was considered a utility and an accessory structure. Turbines are classified as utilities under the town's zoning law.
However, Ms. Grogan said, if the turbine is considered an accessory structure, it should not be taller than the 35 feet allowed under the town's zoning law.
Mr. Alexander's permit says the wind turbine is 128 foot tall. Mr. Wood said the turbine is actually 92 feet tall. Both Mr. Wood and Clifford P. Schneider, a town resident who helped Ms. Grogan take measurements, said the turbine is about 108 feet from the property line.
"It's one of those gray areas," Mr. Wood said. "I personally went to the zoning and planning board asking if there was anything against putting up a residential wind tower. They said no."
He said there are no rules for setbacks and heights for residential wind turbines in the zoning ordinance.
"None of Mary's arguments are true," he said.
ZBA Chairman Edward P. Bender said a site plan review would not be required for putting up a wind turbine in the town.
Mr. Alexander, owner of the Lazy Acres Mobile Home Park, said everything he did was legal and he did everything the town required him to do.
"I do what's right," he said, adding this isn't the first time he has had a dispute with Ms. Grogan.
Ms. Grogan also said the turbine was erected on the wrong lot. Mr. Alexander's turbine was built on a piece of land next to the lot that was on his initial permit.
Mr. Wood said Mr. Alexander renewed his permit just before he erected the turbine and corrected the "typographical error" he made in the previous permit.
Ms. Grogan said she is considering hiring a lawyer if the town refuses to order Mr. Alexander to take down his turbine.
Ms. Grogan said she will attend the next Zoning Board of Appeals meeting to air her concerns. The ZBA will meet at 7 p.m. Monday at the town offices on Route 12E.
Woman protests turbine
Watertown Daily Times | Woman protests turbine
'I WANT IT DOWN': Cape Vincent resident disputes zoning board
By JAEGUN LEE
TIMES STAFF WRITER
SATURDAY, AUGUST 1, 2009
CAPE VINCENT — A town resident is in a dispute with the town's zoning board over her neighbor's wind turbine, which she believes is too close to her property.
"I want it down," said Mary C. Grogan, a seasonal town resident who lives next to Roger D. Alexander.
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