Boards Voice Unified Message: Respect Our Zoning Laws

 From the Thousand Islands Sun

October 31, 2012

Boards Voice Unified Message: Respect Our Zoning Laws

By Pam McDowell, Staff Writer

Cape Vincent – An effort by British Petroleum to have meaningful communications with the towns of Cape Vincent and Lyme about its proposed wind project fell flat Oct. 23 when many of the questions posed by town board members were answered with vague, general statements.

Virtually all members of both of the towns’ boards and planning boards relayed to Cape Vincent Wind Farm’s project developer, Richard Chandler, that they want assurance that BP will respect local zoning laws. Instead they received the response that the wind company has opted to apply for the wind project through New York State under Article 10, rather than through local planning board review.

Mr. Chandler stated more than once that the company will seek approval from the state because it is a “one-stop-shop” for permits.

The criticism of applying through the state is that the siting board can give the green light for industrial energy companies to avoid following local laws.

At the onset of the more than two-hour meeting, which was moderated by Attorney Paul J. Curtin, Mr. Chandler said he is putting the towns “on notice” that he will request information needed for the state application.

The information established during the meeting was that the company plans to build 124 turbines each not more than 499 feet high, with transmission lines running through the town of Lyme. BP has not selected the style or size wind turbines. Mr. Chandler said they are waiting to find what type is most “optimal” at the time the application is approved and that, as a result of public opinion, BP has moved the turbine array further inland from the St. Lawrence River than originally planned.

The panel was looking for more than technical details. The main concern of most members seemed to be why BP claims to be involved and communicative with Cape Vincent when they say, BP has not been, and whether the global company will respect the comprehensive plan and adhere to the zoning laws of small towns.

A map with proposed wind turbine sites was displayed by BP and several board members pointed out that the plan does not comply with local laws.

“We are completely committed to defending our zoning law, which is based on scientific fact,” Cape Vincent Town Supervisor Urban Hirschey told Mr. Chandler.

Virtually all boards represented echoed the same intent when they had the floor.

Cape Vincent Planning Board vice chairman Robert Brown said, “We are concerned with the health, safety and welfare of our entire community. It was paramount in all of our decisions, and the technical points in the law were established from expert scientific knowledge.”

Most of the 17 board members on the panel questioned Mr. Chandler about his claim to communicate with the towns, with at least one member pointing out that communication only took place prior to the two wind farm merging.

Mr. Chandler responded that he has been engaged with the community.

Some pointed out that he was only in contact with leaseholders rather than with the town boards or the general public.

Cape Planning Board member Cyril Cullen commented to Mr. Chandler, “For some strange reason you chose not to be up front with the planning or towns boards on this. You have taken the back-door approach and had utterly secret conversations with leaseholders and former board members years before you applied for the project. That map is the first definitive map of this project. You put pressure on Jefferson County Industrial Development Corporation for a tax deal to take this town’s taxing authority away… your comments on involving the community haven’t happened.”

Board members continued to voice their frustration that BP had many opportunities to offer input during several months’ time while the boards were seeking suggestions about local laws, but representatives from BP did not attend sessions or submit suggestions.

Mr. Chandler cited BP’s recent newspaper advertisements as just one attempt to show that the company is working on public outreach, but meetings with the public will be scheduled.

Town Councilman John Byrne said, “You say you want to be involved with the community but you have only had meetings with the leaseholders… We are elected to represent the community. The magnitude of your project is that it will encompass 90 percent of the landmass. You need to involve the whole community. The wind law was adopted for safety and well-being of the community, not to discourage wind, and I have every intention of protecting that zoning law.”

Councilman Brooks Bragdon asked Mr. Chandler whether BP has considered the aesthetics and historic preservation resources of the town and considered that a committee worked on the town’s zoning law for 3500 man-hours.

Mr. Chandler said that BP has “factored it in and will talk about how to further optimize the project.” After receiving vague answers from Mr. Chandler, Councilman Bragdon eventually commented, “I’m asking you to please cut the bull… We’re capable of being polite while having an adversarial relationship, and that’s probably what’s going to happen.”

In response to Mr. Chandler’s repeated claims that he has been involved with the towns and has significant support, Lyme Planning Board Chairman Frank Congel said, “Please refrain from saying that you have the support of the community.”

Lyme officials were concerned about whether the plans for transmission lines within the town would lead to future applications for wind turbines. Mr. Chandler said the question was hypothetical. When asked again, he said this application does not call for wind towers.

Earlier, Supervisor Hirschey had asked the same question repeatedly, with Mr. Chandler conceding that there may be land leases in place in Lyme for turbines, but that is not the plan for this project.

“Since our town law does not prohibit transmission lines, then why are you going through Article 10?” asked Lyme Councilman Daniel Villa. Again, Mr. Chandler’s response was that BP wants to take advantage of a comprehensive “one-stop-shop.” Applying directly to the state may bypass the towns’ permitting process.

Questions were posed regarding which standards BP uses to determine its project’s scope, with Mr. Chandler responding that they meet or exceed industry standards not necessarily “world standards” that he was asked about.

He also said that the Oct. 23 meeting will be followed by further attempts to interact with the community. He said the company will soon have a website, capevincentwindfarm.com, where residents and town officials can learn information about the project and a Saturday, Nov. 10, open house is scheduled.

He noted that intervenor funds will become available in the future. Intervenor funds are made available to stakeholders for research on the merits of a project.

Pro-wind supporter Gary King said he was satisfied with the session, commenting afterward. “I was glad for our showing, glad to see people were civil – it went well.” He also reasoned that Mr. Chandler did not answer certain questions because he is relatively new in the position of project manager and can’t answer what BP’s plans may be for the future.

Wind opponent Dave LaMora said he thought the board members stated sentiments of wanting to defend local laws is reflective of the opinion of much of the community. “It shouldn’t be lost on anybody that there was not one single positive comment from any board member,” he said.

Mr. Chandler said his opinion of the Oct. 23 session could only be relayed to the press through a public relations liaison in his Texas office, but when pressed for an opinion statement about the meeting, he responded, “Both towns have passed zoning laws they believe in. The best direction is for us to go through Article 10, where we will have robust engagement about the project.”

Nearly 300 interested parties from Cape Vincent and surrounding towns listened intently and respectfully during the two-hour exchange. Questions and comments were not open to the public. The audience included many public officials, including the Cape Vincent Village Board, Jefferson County Legislator Michael Docteur, Hammond Town Supervisor Ronald Bertram, and Hammond residents, citizens of Clayton and a town councilman from Cortlandville.

At the end of the meeting, Attorney Curtin asked if the project would be adversely impacted if the federal tax credits are not renewed in January.

Mr. Chandler responded that the question was hypothetical. “No this is real,” Mr. Curtin shot back, after which Mr. Chandler stated that the company will re-evaluate the project if the tax credits expire.

Mr. Curtin thanked the BP representative for the forum and called him an extraordinarily brave person.

In a light moment, Supervisor presented Mr. Chandler with a small model of a wind turbine.

BP’s next step is to respond to the NYS Power Commission Siting Board about it recent rejection of BP’s public involvement plan. The company was given 30 days to respond after the state’s label of “inadequate.”