The Zoning Board of Appeals Town of Sheldon letter by Nadja Laska

April 16,2007

To The Zoning Board of Appeals Town of Sheldon

Re: Public Hearing: Held on April12,2007 Variances requested by: Sheldon Energy LLC / High Sheldon Wind Farm

Please let the record show that I object to this meeting proceeding forward as a "continuation" of the Public Hearing held on April 12,2007.

I believe this meeting to be an "unlawful" assembly of this board and any business conducted here in to be invalid. I believe this board acted improperly and unlawfully on April 12,2007 by not taking public comment on variance requests:
2) Variance for Setback from Overhead Electric Lines.
3) Variance for Setback from Gas Distribution Lines.
4) Variance from Road Setback.
5) Variance from Underground Cable Requirement. Each variance must be heard separately.

You did not do this, but rather only opened public comment on Variance (1) Buried Cable. I was prepared to offer additional comment on remaining variances.

However, you closed the public comments and did not reopen for public comments on said remaining variances. You then motioned and accepted to table voting on the 5 variances requested by Sheldon Energyto seek legal advice from Town Attorney DiFlippio who was not present.

In conclusion, you motioned to adjourn the Public Hearing at which time the majority of the public in attendance left the building in the belief that the meeting date would be published and that they would again be notified. This did not occur. Upon the advice of applicant's attorney Mr. Spitzer the board decided to recess rather than adjourn to avoid publishing public notice. As such, this only benefits the applicant and denies the Public of "Due Process."

Respectfully submitted,
Nadja Laska