Transcript of article written by Pamela McDowell Thousand Island Sun Staff reporter
February /15/2012
Cape Vincent, soon after a seven-month wind moratorium was put in place by the Cape Vincent Town Board to industrial wind projects planned for Cape Vincent merged with British Petroleum, taking over Acciona's interest in it's St. Lawrence Wind Farm.
According to Richard MacSherry, the planning Board Chairman BP will have to resubmit its Environmental Impact Statement, a lengthy detailed document, due to the fact that he and Supervisor Urban Hirschey have been advised that the new combined 200- Megawatt project will be comprised by more than one size turbine. Mr. MacSherry said he looks forward to seeing the environmental report, since he feels the first one contained flawed studies.
He explained that theoretically, BP can go directly to the state for review of the siting of turbines.
"We don't know what the placement array will look like, and we don't even know if they will go to the planning board." Mr. MacSherry said "Our siting authority has been usurped by article 10," he said. "I wish they would come to the planning board so that we and our engineer can give it a rigorous review. When you usurp site review plans for such a large project, you really leave the town defenseless." He stated the moratorium does not preclude BP from continuing entering into a lease agreements with landowners or from continuing with the environmental review. The state is expected to publish its site review procedures by August 15.
Town Supervisor Hirschey said the moratorium on wind development, passed at the special meeting February 7, is not to deny wind development, but only to delay it. While the board develops a better when law.
Councilman Brooks Bragdon stated before the vote that he feels the moratorium is needed, to allow time for the town to develop a wind law "We're delinquent on updating a comprehensive plan and zoning laws... wind has come as something new to us. We need to step back and look at what we want for Cape Vincent. A moratorium will give us a chance to do this," he said, in part. The moratorium past 4 to1 Councilman Mickey Orvis, casting the lone vote against it. Councilman Orvis explained his stance, that article 10, which was re-enacted in the power New York act of 2011 pre-empts local laws. "There's already a state law on the books," he told board and approximately 125 residents. He said the town does not need to get involved in re-writing an industrial wind development law, but should remain neutral for the town's divisions to heal.
Other Councilman disagreed, with Clifford Schneider explaining his understanding of article 10: it doesn't provide a specific law, but allows the state to decide whether the local law is reasonable, "It behooves us to update our local zoning laws," Councilman Schneider said . Councilman John Byrne said he would vote for the moratorium because "the people have spoken." He referred to the 2009 petition signed by 800 residents that asked for a moratorium, but was ignored by the previous board.
In a public hearing prior to the vote, two residents also spoke of the 800- signature petition and urged the board to enactment moratorium.
Resident Lyle wood spoke against it, saying he was "thoroughly disgusted" with some members of the board. He accused them of making decisions behind closed doors. He and Paul Mason said that the board ignored the results of a Zogby poll conducted last year that indicated 47% of the public was in favor of wind development and 41% against it.
Mr. Mason stated, "If you think, you are going to prevent me from having a personal turbine on my property as an agricultural practice, then you will have a battle on your hands."
Twelve letters sent to the board to be entered into the public record were all in favor of the moratorium. The moratorium is expected to remain in effect until September 7, 2012, but could be extended if the revamped zoning laws are not completed.
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