Legal Notice to Cohocton Town Board Public Hearing on June 14, 2006

DAVID P. MILLER. ESQ.
ATTORNEY AND COUNSELOR AT LAW
111 NORTH MAIN STREET. PO. BOX 356
NAPLES. NEW YORK 14512
(585)3742130

June 14, 2006

The Hon. Jack Zigenfus Supervisor,
Town of Cohocton
15S. Main St.
Cohocton, NY 14826

Re: Proposed Local Law No. 2 of the Year 2006 of the Town of Cohocton (Wind Turbine Law)

Dear Supervisor Zigenfus.

As you are aware, I represent James Hall.

Mr Hall and I have been discussing the Town's proposed Local Law No. 2 of the year 2006 and we are concerned about the improper procedure which the Town is following in attempting to enact this local law.

The proposed law was referred to the Town's Planning Board for review and recommendation in mid-May of this year. It is my understanding that the Planning Board is actively engaged in reviewing the proposed law as well as a wind turbine law adopted by the Town of Malone, New York. It is my further understanding that the Planning Board has not yet made any recommendation to the Town Board with respect to the adoption or modification of Local Law No. 2.

In light of the fact that the Planning Board has not yet made any recommendation to the Town Board, the public hearing which the Town Board is holding tonight is unlawful.

I call your attention to Section 810 of the Town's zoning law, last amended in April 2002. That section provides, in part, "Every proposed amendment unless initiated by the Planning Board, shall be referred to the Planning Board. The Planning Board SHALL report its recommendations thereon to the Town Board accompanied by a full statement of the reasons for such recommendation, prior to the public hearing." (Emphasis added). Section 810 then goes on to provide that the Planning Board has 45 days from the date of referral in which to give its recommendation to the Town Board.

The proposed amendment under consideration tonight was initiated by the Town Board, not the Planning Board. The Planning Board has not yet made any recommendations on the law to the Town Board. The Planning Board's 45 day period in which to make such recommendations has not yet expired. Therefore, the hearing which the Town Board is conducting tonight is in violation of the Town's own zoning law. You must have the recommendation from the Planning Board prior to the public hearing.

It would be improper to simply adjourn this hearing, because it was invalid from its very beginning.

Therefore, this hearing should be terminated immediately and a second, lawful hearing should not be scheduled until after the Town Board has received and reviewed the Planning Board's report on this proposal.

The Planning Board has been given the review and recommendation function by New York State law and by your own zoning law. This I am sure was done for a very good reason., namely that Planning Boards frequently serve as a second set of eyes and ears and opinions and often provide valuable insights to the municipal boards which they advise. They can conduct research and acquire information which the Town boards simply do not have the time to do.

As a matter of sound government, you ought not to bypass your Planning Board, but rather you should seek its sound advice concerning this matter which is of such importance to so many in your community.

David P. Miller