Tuesday, December 11, 2012

AS THE TURBINE TURNS or NOT ~

  Mr. Alexander's turbine  
Recently the Cape Vincent zoning enforcement officer dispatched a letter to Roger Alexander informing him that because his wind energy conversion system (WEC) has not been in operation for a year it must be removed according to Cape Vincent zoning law.

 To my knowledge this turbine has never produced electricity. The only time the blades ever turned  may have been in October of 2011, when it began spinning wildly out of control due to a malfunction.

 Mr. Alexander’s wind woes began shortly after his 92 foot turbine was erected in 2009; when his neighbor complained that it was too close to her property. The ZBA voted unanimously, at both the  August and September 2009 meetings, to treat residential wind turbines as an accessory structure and decided that  (zoning enforcement officer)  Alan Wood "improperly issued" permits for Mr. Alexander's turbine.

 Mr. Alexander filed a state Supreme Court Article 78 action in October 2009, asking a judge to reverse and annul the ZBA's decision to revoke the permit. Judge Hugh A. Gilbert ruled in December 2009, that the permit was improperly issued and that the ZBA "may correct the mistake by enforcing the ordinance" that the permit violates, which could have allowed the board to make Mr. Alexander take the turbine down.

 However, Mr. Alexander resolved his turbine troubles by purchasing an adjacent parcel that included a house. The lot line was then shifted on the two parcels so that the turbine was located on the same parcel as the house. Making the turbine an accessory structure.


 Letter from Cape Vincent Zoning Enforcement officer
 

5 comments:

Anonymous said...

Cape Vincent's zoning law must be enforced if it is to withstand legal challenges from other (serious) nuisance peddlers like BP.

Anonymous said...

This is NOT the only "improperly issued" permit in Dodge Bay, check out the half done garage on County Rte. 7. This permit was NOT issued by Mr. Wood. The building is almost on top of the road with no setbacks front or back.

Anonymous said...

How many years has it been since this piece of junk was put up in our community? And not ever worked.

Anonymous said...

Gee that's too bad Cape, I sold him the house and the lot. I made a pretty penny on the sale, now you're stuck with that unsightly turbine. I hope he repairs it and gets it running soon.

Anonymous said...

Let's put the NEW zoning laws to the test. Take these people to court and see if our laws stand up. These little lawsuits are nothing compared to the s@#t storm of legal battles the Cape faces with BP breathing down our necks.