At the planning Board meeting of November 8, 2006 Wind leaseholder Chairman Edsall asked for a motion to determine if a wind turbine farm is an acceptable site plan use in the Agricultural, residential district. T Ingersoll made a motion to the above site plan use and was seconded by A. Binsley. All in favor. Vote 5 in favor, 0 opposed 0 absent. Therefore, the motion was carried.
Todd hopper Acciona’s St. Lawrence Wind’s project manager submitted their site plan application.
The Chairman advised SLW that we will be following existing zoning laws.
Interestingly enough St. Lawrence Wind Farm Site plan application lists the projects zoning classification as Light Industrial, commercial, and Utilities.
Additionally SLW's application requests that the Town find that the Wind Energy Facility is permitted as a site plan use within the Agricultural Residential district.
Just minutes before SLW submitted their application Edsall and his Planning Board had made the determination that turbines are an acceptable site plan use.
Immediately after Acciona submitted their application T. Ingersoll made the motion for the Cape Vincent to be lead agency and G. Mingle seconded the motion. All in favor. Vote: 5 in favor, 0 opposed 0 absent. Therefore, the motion carried.
St. Lawrence wind’s application submitted before the board voted to be lead agency already identified the Cape Vincent Planning Board as lead agency.
Section 315 of Cape Vincent’s zoning law provides eight specific permitted uses for the Agricultural Residential (AR) district, and twelve specific uses which are permitted by site plan review, the PB did not identify under which of the twelve authorized site plan uses a large, commercial wind power project would fall, nor did the board provide a basis for their determination.
Consequently, without explanation their actions make it impossible to determine the legality of their actions.
A Large scale Commercial Wind Project is not eligible for site plan review under Cape Vincent’s zoning law.
The fact that the Planning Board made no determination as to which of the twelve site plan review uses were applicable is understandable, since none are clearly identified as a site plan use in the zoning law.
The Planning Board acted beyond its authority when it made the determination concerning project eligibility for site plan review.
NY Town Law does not give the PB the power to interpret zoning law.
Interpretation of zoning law is the responsibility of Cape Vincent’s Wind conflicted Zoning Enforcement Officer Alan Wood .
Edsall was doing what any obedient wind lease holder is expected to do . Working hard to fulfill his wind lease loyalty agreement. It does not matter that his lease is with British Petroleum his actions in this matter concerned both Acciona and British Petroleum’s projects . The determination that a wind turbine farm is an acceptable site plan use in the Agricultural, residential district. Set the foundation for wind development in Cape Vincent.
Sources Correspondence between WPEG attorney Judy Drabicki
Planning Board minutes Nov. 8 2006
Acciona’s site plan application
2 comments:
This should take a while for those involved in their conflict of interest to absorb. ACCIONA/BP reps will have to come back and explain to them what this means. Most likely none of the members thought of any of this themselves, but guess who gets the responsibility for their actions. One of the main things people don't readily understand is what "LLC" means.LLC is Limited Liability Company. Not "corporation". LLC laws are sneaky. However, these individuals may have signed contracts that have no legal bearing on the town they can still be held liable for any wrongdoings because they are not only members of the LLC by contract, but they are sworn members of the Town. Sworn to uphold the laws o the town. Which continues to return us to the same old problem of conflict of interest. In their "pact" it's apparent that ACCONIA/BP will assume their legal expenses,,, as long as they continue their sworn allegiances to ACCIONA/BP and not the town. That's if the town objects and they continue to manipulate voting. At this point it doesn't even matter if ACCIONA/BP get what they want. It is a matter that the TB members have violated their trust for several years and are just now being exposed for their actions. Frankly, I wouldn't want to be in their boots. There's a lot of clay in NY land, and their footings are going to have some serious problems.
I've taken dumps with more class.
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