No new special use permits for test towers or pending commercial industrial turbines should be considered or issued until fines levied for previously violations of illegally erected test towers by UPC, if still outstanding, have been paid in full. I am aware the planning board is considering issuing special use permits for erecting commercial industrial wind turbines. The Town of Cohocton planning board should be primarily concerned at this particular time with the several pending court cases under litigation such as an article 78 pertaining to local law#2 with Steuben County Surrogate Court Judge Maryann Furfure, and local law #1 under appeal, both challenging the process and content contained under local laws written and approved by both town boards in conjunction with UPC.
Also a federal anti-trust complaint is a reality as it progresses. Recently, The Public Service Commission had an “Evidentiary Hearing” involving UPC and its pending proposed Town of Cohocton’s wind project .Representatives of UPC, Mr. Chris Swartley and others testified under oath as to information in part specifically requested by PSC officials with answers expected to be provided to the court at the time of the hearing. However, much of the information requested was still not made available, was deemed confidential or site plans as an example, not finalized when requested. Again many more questions than answers were apparent when the hearing ended.
Considering all the suspect, questionable testimony and/or lack thereof by the less than candid answers by both Town of Cohocton Attorney Mr. John Henry before Judge Furfure’s court and UPC representatives before the PSC, it would not be unreasonable to assume that forthcoming decisions by the courts could potentially affect the validity of any special use permits issued under present local law #2, requiring mandatory changes to be made. It certainly then would be premature and short-sighted for the planning board to issue any permits at this time until these cases have been resolved.
There also should be a sense of concern among the members of the planning board as to what the legal & financial consequences could be if it unwisely decides under pressure from others, to issue even a single permit not knowing the outcome of the pending litigation and then at a later date being required by law to immediately void those same issued permits. It is not at all surprising the courts now have assumed the role of the independent, impartial entity as called for over a year ago and ignored time after time by our boards, free from the inside influences, designs or demands of UPC, town officials and involved lease holders.
Justice is by design is slow and deliberate at times and will be playing itself out in the weeks/months ahead involving the various courts, exposing the bad law made by the boards in collusion with UPC. For this planning board to knowingly and intentionally proceed any further at this time by issuing any special use permits before and until all these legal matters are finally settled would be exhibiting undeniable bad judgment and negligence, with undoubtedly only additional future litigation and expense for the town taxpayer to be gained as its result.
Respectfully submitted,
Don Sandford
No comments:
Post a Comment