ZONING OUT

The Town of Cape Vincent received a letter from BP’s Director of Development Richard Chandler, concerning the New Draft Zoning revisions.
In his letter Chandler said, the proposed Zoning Law is unreasonably burdensome and will effectively prohibit wind generation from being sited within the Town.

BP’s Chandler also submitted a comment letter to the Public Service Commission informing them that BP Wind Energy is seeking an Article 10 process that will facilitate its development and construction of their Cape Vincent Wind project.
In his letter to the Town, BP’s Chandler, is saying that the protection of the health and welfare of the residents of Cape Vincent is “unreasonably burdensome.”
At this point BP’s actions are unpredictable, will they ignore Cape Vincent’s new zoning regulations and seek an article 10 process? Or will they challenge our revised zoning law?

Recently, the New York State Appellate court weighed in on an action against the Town Board and Planning Board members in the Town of Southold.
The issue at hand was the adoption of a new zoning law.
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The appellate court affirmed dismissal against the individual members of the Planning Board because they “had no role in adopting the challenged zoning ordinance.” In regards to the individual members of the Town Board, the complaint was properly dismissed because the “Town Board members are entitled to absolute legislative immunity in the adoption of a zoning ordinance.”
(Salkin)




Link here to court document