CWW letter to Cohocton Planning Board - March 26, 2007

March 26, 2007

Cohocton Planning Board
15 South Main Street
Cohocton, NY 14826

Dear Planning Board members:

Pursuant to NYS law, the Cohocton Planning Board as "Lead Agency" for the Canandaigua Power Partners I - Pine Hill/Lent Hill Project is required not to take any "ACTION" which includes review of site plans before the Final EIS is accepted and certified.

Therefore, in order to follow NYS SEQRA regulations, this March 26, 2007 "Special Meeting" of the Cohocton Planning Board needs to be adjourned and postponed.

The citizens and property owners that appear at this meeting represent just a small portion of residents that oppose the manner of conduct and intentional violations of Cohocton and NYS statures by this planning board.

Your insistency in reviewing specific maps and site plans for 12 - 15 turbines at this March 26, 2007 meeting constitutes a legal ACTION. This action places the Town of Cohocton and members on the Planning Board at personal risk for additional litigation.

The SEQRA process is clear. This board consistently fails to adhere to SEQRA. It has been acknowledged by the chairman that he takes his instruction from Whiteman, Osterman and Hanna law firm. This admission proves there is no independent attempt to understand the process.

Proper notice to adjacent property owners and towns has not been fulfilled. General Municipal Law, section 239-nn, took effect July 1, 2006, and requires notification to any adjacent municipalities whose boundary is within 500 feet of the property that is the subject of the action. Review of specific site plans IS AN ACTION.

It has been disclosed by the Town Clerk that the special use permits for all 36 turbines are already prepared and in the possession of code enforcement office. How can there be any confidence in objectivity, fairness and a serious review if the planning board coordinates their schedule and institutes special meetings to examine plans, when the very special use permits for these site locations are already drafted?

Cordially,

Steve Trude - President CWW