Summary of what has been happening in the Town of Italy

March 24, 2008

Update On Italy NY

10-1-07

Ecogen Wind LLC and Ecogen Transmission Corp. filed a detailed application for zoning approval to build a new proposed project on 3,775 acres in the southern portion of the town. This application was withdrawn several weeks later.

11-16-07

Nixon Peabody, representing Ecogen, filed a Reply Memorandum of Law with the State Supreme Court requesting pre-trial discovery that would lead to a number of causes of action against the town for their resistance to the wind project.

12-3-07 (estimated date)

A private meeting was held of Town Board members, town attorney, and representatives of Ecogen. The purpose of this meeting was to discuss what “amenities” might be given to the town by the developer in exchange for permission to build the project.

12-13-07

At the Town Board meeting Margaret Dunn read a brief prepared statement which said that the private meeting had been held, that amenities were discussed, but no other details were provided.

At the February Town Board meeting Ms. Dunn instructed Dave Ferry, Chair of the PB/ZBA, to consider a special industrial zone for the Ecogen project. The PB later scheduled a Special Meeting on 2-29-08 to discuss this matter. At the next Town Board meeting on 3-11 Dave made the recommendation to the Board that they consider changing the town comprehensive plan and zoning laws to create the “amenity zone” for the project. This recommendation, although consistent with Ms. Dunn’s request, surprised other Board members who could not understand how such a sweeping change could be proposed with so little review.

There is now a Special Meeting of the PB/ZBA scheduled for 3-27 at 7pm to “unschedule” the PBA Public Hearing that had originally been set for 3-29. That Public Hearing may not take place until May.