Turbine foes file lawsuit

April 02, 2007


Turbine foes file lawsuit

(Watertown Daily Times (NY) (KRT) Via Thomson Dialog NewsEdge) Mar. 31--CAPE VINCENT -- A citizens group opposed to a proposed wind farm here has mounted a legal challenge to the town's determination that the project qualifies as a utility under zoning law.


Wind Power Ethics Group filed an Article 78 petition Wednesday in state Supreme Court against the town's Zoning Board of Appeals and St. Lawrence Windpower LLC, the developer of the proposed 97-turbine project.




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Wind Farm Meeting Moved Due To Crowd

I do not have the link to this post , however I am working on it.

By Kelly Vadney
Publication: Watertown Daily Times
(Watertown, NY)
Publication Date: 04/01/2007

The town of Lyme’s debate on a wind power moratorium Saturday drew enough residents to be moved, physically.

When the crowd formed a line outside the municipal building’s meeting room, the Town Council relocated the session less than a mile down the road, to the fire hall. There, about 80 people listened to arguments for and against a moratorium on wind farm development. A moratorium would put development on hold while the council adopts zoning for turbines.

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Cape Vincent NY ~ WPEG~ files suit ~ Wind Turbines as Utilities

Watertown Daily Times

31 March 2007


CAPE VINCENT — A citizens group opposed to a proposed wind farm here has mounted a legal challenge to the town’s determination that the project qualifies as a utility under zoning law.


Wind Power Ethics Group filed an Article 78 petition Wednesday in state Supreme Court against the town’s Zoning Board of Appeals and St. Lawrence Windpower LLC, the developer of the proposed 97-turbine project.

 [Continue via the WDT archives]

~ Paving Paradise ~ NNY Follies ~ Wolfe Island~

23 March 2007

Next week, Canadian Hydro will sponsor two public hearings to discuss a plan to construct 86 windmills on Wolfe Island. The 200-megawatt project will feed Ontario’s electric grid, from towers located across the west end of Wolfe Island.

For the geographically challenged or those who don’t have much opportunity to visit the Cape Vincent area, Wolfe Island is across a narrow channel of the St. Lawrence River from Cape Vincent; the ferry runs from the southeast corner of the island to the Cape. The island is clearly visible from Cape Vincent to Tibbets Point, and most of the towers will be clearly visible as well.

I mention this because, with the wind farm or farms proposed for Cape Vincent and Clayton, if the Canadian Hydro project goes through, the St.Lawrence River valley and eastern Lake Ontario will almost overnight become the site of as many as 350 windmills.

There are fewer than 200 towers in the Maple Ridge project on Tug Hill, and that project dominates the horizon from Turin to past Copenhagen. Along the river, wind farms could dominate the horizon from Fishers Landing to, well, to well out into Lake Ontario.

I have a great deal of ambivalence about the prospects of turning the lake and river area into a giant wind farm. I do believe that green power is important — the renewable, natural nature of wind-generated power has to be superior to burning coal or natural gas or splitting atoms. And yet…the number of windmills it takes to produce enough power to make a wind farm economically viable means that no working wind farm can ever be inobtrusive. Despite what some of my Cape Vincent critics blindly maintain, the aesthetic enjoyment of an area with such breathtaking natural beauty as the Thousand Islands region has significant value and it should be protected.

It seems to me that the dual “economic development” goals of some people along the river are mutually exclusive; you cannot on the one hand push a massive wind farm as a major economic asset and also continue to pursue with abandon tourism dollars. Some — perhaps many — people will be put off by the sight of the towers relentlessly marching along the river to the extent that they will not find the natural beauty they came to enjoy. And they won’t come back. (And believe me, when the initial awe of wind towers wears off, they aren’t going to draw any tourists here.)

Sometimes, man acts with foresight and wisdom. Mostly, though, my experience is that foresight is in extremely short supply. As Joni Mitchell pointed out, “Don’t it always seem to go that you don’t know what you’ve got til it’s gone?” It seems that folks along the river are hell bent on paving paradise and putting in a tower lot. They don’t seem willing to consider that once paradise is gone, it just never comes back.

posted by Kentsboss

nnyfollies

23 March 2007

2007~ NNY Follies ~ Breathing room ~ Lyme Moratorium ~

One man’s blessing may be another’s curse. It appears that the border between the towns of Lyme and Cape Vincent may be pointing that out, as the town of Lyme is on the verge of enacting a six-month moratorium on wind farm development to give town officials time to study the ramifications and effects of allowing giant towers and turbines in the community.

If the moratorium is enacted, it could significantly slow down BP Alternative Energy’s proposed two-town wind farm project, much to the consternation of many people in Cape Vincent who have leapt upon the wind power bandwagon without checking for a safety net. This immediately sets them apart from both Clayton and Lyme, where municipal officials have decided to at least take a breath before enthusiastically endorsing the power projects.

A moratorium is not a death sentence for any reasonably proposed wind project; it is merely a way for a municipality to have the time to decide just what controls they need to institute on this invasive land use. It is a reasonable and fairly common response to new proposals, and has been used for such things as establishing a permit process for outdoor furnaces and other invasive uses that from time to time crop up.

The residents of Lyme will be well-served by this moratorium, should the Town Council enact it. For one thing, they will have a reasonable amount of time to study the issue to see if wind farms in general are appropriate for their community. For another, it will allow the council time to decide what controls, if any, they wish to place on wind farm development. They may, for example, wish to establish zones where wind farms are not appropriate ““ Lyme’s many miles of lake shore leap immediately to mind, but there could be many places where the community doesn’t want the towers to be placed. The council may also wish to limit density or place controls on environmental impacts such as noise. All of these issues are important, and all need time for study. Six months, in fact, may not be enough ““ but the town council could extend the moratorium if it deems more study is needed.

A question that will no doubt be asked is why, if Cape Vincent is willing to dive into wind farms without so much as a serious question, should Lyme take this step. I would answer that with another question: Why did Cape Vincent officials not care enough about carefully studying a monumental, irrevocable decision to step back and allow itself time enough to do so?

A cynic might suggest that the difference between Cape Vincent and its neighboring communities is chiefly that none of those officials in Lyme and Clayton allowed themselves to be blinded by the almighty dollar, or placed in a compromising position by accepting wind farm money before the issue even came before them. I am a cynic.

Lyme is doing the right thing if it enacts this moratorium. It does not preclude wind farm development, it just lets the community get in front of the issue, instead of staring at the taillights of a development company that has bulldozed its way through the community, planning process be damned.

posted by Kentsboss

nnyfollies.blogspot.com

15 March 2007

Lyme to windmills: Not so fast

Link not available~

wwnytv.net

14 March 2007


The Lyme town board wants a six month moratorium on windmill construction in the town.

Meeting Wednesday night, board members said they need time to draft zoning rules.

A public hearing on the windmill issue will be held at the end of the month.

Three windmill companies have expressed interest in setting up windfarms in Lyme.

“Things are moving a little too fast,” said town council member Norman Schreib.

“The town board decided we want to slow things down to give time to evaluate what’s going on.”

However, board members emphasized they are not anti-windmill.

wwnytv.net

14 March 2007

Lyme May Want Own Study of Wind farm

By Kelly Vadney

Watertown Daily Times

03/14/2007

The immediate future of BP Alternative Energy’s proposed Cape Vincent Wind Farm may hinge on what transpires at the Lyme Town Council’s meeting today.

The issue is whether Cape Vincent will supervise the entire environmental review for the proposed 210-megawatt wind farm project, which crosses town lines, or if the Lyme Town Council will opt for a separate environmental review for the portion in Lyme. That could slow development of the wind farm.

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Lyme wants Brakes on Wind farm Project

By Kelly Vadney

Watertown Daily Times

Date: 02/23/2007

Based on comments at a Thursday wind power meeting, Lyme residents are keeping an open mind about a proposed wind farm, but they would like to slow the process down and have their own say.

“My perspective is, things are moving too fast and we need to slow down,” Councilman Warren A. Johnson said. “I think my fellow councilmen agree with that.”

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WIND POWER: ETHICS GROUP, DEC DECRY ACCEPTANCE OF UNFINISHED REPORT

February 13, 2007
WIND POWER: ETHICS GROUP, DEC DECRY ACCEPTANCE OF UNFINISHED


REPORT TURBINE STUDIES CAUSE A STIR

Author: KELLY VADNEY TIMES STAFF WRITER Edition:

Both Section: Jefferson
Page:B1
Dateline: CAPE VINCENT


Estimated printed pages: 3 Article Text: The Wind Power Ethics Group and the state Department of Environmental Conservation say the town Planning Board should not have accepted a draft environmental impact statement for the St. Lawrence Wind Farm.

Judy Drabicki, a Dexter attorney representing the ethics group, a citizens' organization that has opposed wind farm development, said the developer has not sufficiently identified impacts because studies listed as part of the review have not been completed, including those for wetlands.


[Continue via the WDT archives]

Wind History Cape Vincent 2007~ Acciona skips SEQR

This is a continuation of Cape vincent's timeline January 16, 2007:

Watertown Daily Times (WDT) reports, “St. Lawrence Wind Power has skipped an optional phase in the state Environmental Quality Review process. AES Acciona Wind Power NY, the development company that is pursuing the potential St. Lawrence Wind Power farm, presented the Planning Board with a draft Environmental Review Statement, a 300 to 400 page document that outlines the studies the company will do to pursue development in the town's agricultural district. [In one of the first decisions as lead agency, PBC Edsall and the PB permit AES-Acciona to opt out of one of the optional requirements of SEQR. Again, a decision Edsall makes without regard or consideration to his conflicts].

WOlFE Island Satan Teck Documents ~ Notice of Environmental Review 2007

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

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.
~~~~~~~~~~~~~

Cape Vincents PB adopts un- adopted draft wind law as guideline for turbine siting

September 13, 2006:

The Planning Board approves a motion (4-0, Binsley absent) to adopt the Town’s previous un-adopted draft wind law as guidelines for wind turbines siting in the projects site plan review process. This was an illegal action on the part of Edsall and the planning board which has no authority to adopt anything. They are an advisory board with no legislative power. We believe this was a backdoor attempt to avoid specific wind zoning, and the Comp Plan issues. We believe it was another in a trend of actions by conflicted town officials to expedite the wind developer’s projects.

Cape Vincent~ Wind HX~ Wpeg ~ Lawyer Judy Drabicki telling Mark Gebo that Edsall can't adopt the guidelines, it's illegal.

16) September 13, 2006:

The Planning Board approves a motion (4-0, Binsley absent) to adopt the Town’s previous un-adopted draft wind law as guidelines for wind turbines siting in the projects site plan review process. This was an illegal action on the part of Edsall and the planning board which has no authority to adopt anything. They are an advisory board with no legislative power. We believe this was a backdoor attempt to avoid specific wind zoning, and the Comp Plan issues. We believe it was another in a trend of actions by conflicted town officials to expedite the wind developer’s projects.

September 13, 2006:

Some of this is from the wind history that I have published before with added information.

The Planning Board approves a motion (4-0, Binsley absent) to adopt the Town’s previous un-adopted draft wind law as guidelines for wind turbines siting in the projects site plan review process. This was an illegal action on the part of Edsall and the planning board which has no authority to adopt anything. They are an advisory board with no legislative power. We believe this was a backdoor attempt to avoid specific wind zoning, and the Comp Plan issues. We believe it was another in a trend of actions by conflicted town officials to expedite the wind developer’s projects.
~~~~
Here is a quote from WPEG attorney back then Judy Drabicki telling Mark Gebo that Edsall can't adopt the guidelines, it's illegal.




Notice too in the copy of the minutes above , the mention of an escrow account~
Town law prohibits turbines in the River or Lake Districts. A developer will have to set up an escrow account. For what purpose ,no explanation given.
~~~
Later in a Watertown Times article it states that an escrow account is established by Acciona for all costs incurred during the environmental review process.
~~~

Jefferson County Ethics Opinion #2 ~ RE: Conflicted Cape Vincent Officials

Cape Vincent ~ Jefferson County Board of Ethics Opinion-Conflicted Public Official 2-1

Reinbeck resolves to end amending of Town of CV Wind zoning Law

August 28, 2006:

Because the cost of environmental studies exceeded expectations, Supervisor Rienbeck resolves (#33) to “discontinue the process of amending the Town of Cape Vincent Zoning Law to regulate wind towers.” The motion does not carry, but the zoning process is essentially dead. Rienbeck further states, “I will request the Planning Board adopt our proposed wind tower regulations as a guideline during their site plan review process.” This conforms to PBC Edsall’s June 14, 2006 request, but is at odds with recommendations by others, including the Town’s attorney, to adopt a wind law. At or about this time Supervisor Rienbeck stops soliciting advice from the Town’s attorney (Mark Gebo) and begins following the advice of an Albany attorney in the office of the New York Association of Towns. Rienbeck, when asked in the media
what happens if a wind law is not passed, comments that the town will call turbines
utilities under the current zoning, and they can be placed anywhere in town as a result. It should also be noted that the town had sufficient money to do the studies, and could have even charged the developers for the studies.

Special town baord meeting ~ resolved to discontinue process of amending town of Cape vincent zoning law to regulate wind turbines

Edsall ~Turbines can be designated as utilities ~

Early August 2006

Edsall begins expressing public opinions that a wind law may not be necessary because turbines can be designated utilities under the current zoning law. The current zoning law has no provisions or codes for wind energy development and is completely inadequate to address this type of industrial development. The actions of Cape Vincent municipal officials are contrary to normal accepted practice at the time, since other towns around CV and New York facing wind development declared wind moratoriums and developed specific wind zoning amendments. We believe that Cape Vincent’s position to avoid a wind law is due the numerous officers’ conflicts of interest, and to expedite the process in favor of the wind developers.[Note: At the April 2009 meeting of the Cape Vincent Town Board, Councilman Joe Wood indicates that the TB cannot adopt a law fearing this action will initiate a lawsuit by WPEG. This admission in 2009 suggests the issue of their conflicts may have played a role in the decision to kill amending the zoning law in 2006. We could conclude that the CV TB shirked its legislative responsibility to adopt a zoning amendment for the biggest commercial development project in the Town’s history in order to avoid lawsuits.]

EDSALL ~ HE HAW WIND LAW ~ ADOPTED ~ LAW ~ THEY TRIED TO KILL !!!

Early August 2006

Edsall begins expressing public opinions that a wind law may not be necessary because turbines can be designated utilities under the current zoning law. The current zoning law has no provisions or codes for wind energy development and is completely inadequate to address this type of industrial development. The actions of Cape Vincent municipal officials are contrary to normal accepted practice at the time, since other towns around CV and New York facing wind development declared wind moratoriums and developed specific wind zoning amendments
August 28, 2006:

Because the cost of environmental studies exceeded expectations, Supervisor Rienbeck resolves to “discontinue the process of amending the Town of Cape Vincent Zoning Law to regulate wind towers.” The motion does not carry, but the zoning process is essentially dead.(Link here)
Rienbeck further states, “I will request the Planning Board adopt our proposed wind tower regulations as a guideline during their site plan review process.” This conforms to PBC Edsall’s June 14,2006 request(link here) but is at odds with recommendations by others, including the Town’s attorney, to adopt a wind law. At or about this time Supervisor Rienbeck stops soliciting advice from the Town’s attorney (Mark Gebo) and begins following the advice of an Albany attorney in the office of the New York Association of Towns. Rienbeck, when asked in the media
what happens if a wind law is not passed, comments that the town will call turbines
utilities under the current zoning, and they can be placed anywhere in town as a result. It should also be noted that the town had sufficient money to do the studies, and could have even charged the developers for the studies. (The developer refuses pay for the studies)


In the minutes Edsall request the planning board adopt the old 2006 law as guidelines. And Edsall adopts them....
With all the bungling and the “HE HAW Politics” that are going on in Cape Vincent could it get any more ridiculous?
What does the old law/guideline say?
Turbines are not utilities, and 5dba at the property line!
These moronic idiots just adopted what they tried to kill!
Read the law here page one clearly states that wind power facilities shall not be considered utilities.