October 31, 2006
29 Wayland Street
Atlanta, NY 14808
Jack Zigenfus
Town Supervisor
15 South Main Street
Cohocton, NY 14826
RE: Public Hearing on Local Law No. 2
October 24, 2006
Dear Mr. Zigenfus:
Local Law No. 1 reads “Individual wind turbine towers shall be located with relation to property lines so that the level of noise produced during wind turbine operation shall not exceed 50 dba, measured at the boundaries of all of the closest parcels that…………….
This would mean that the total noise level, background plus wind turbine would not exceed 50 dba.
Local Law No. 2 reads “Windmill only noise levels at non-project lines shall not exceed 50.0 dB(A), except as set forth herein.” Unfortunately no one picked up this change prior to the hearing. The formula depicted on page 17 gives no relief.
Attached please find a chart depicting the total allowable noise level depending on the background noise and comparable noise levels plus a chart entitled “Typical Noise Levels”.
As can be seen by these two charts this change in the law will have a very drastic affect on those living near the windmills. It is likely that when the wind is blowing people will be forced to stay inside with the windows closed. This hardly seem fair to these landowners.
Please consider changing the law back to where it reads the total noise will not exceed 50dba, not the turbine only noise.
Sincerely,
Paul Gettys
TYPICAL%20NOISE%20LEVELS1.htm
LOCAL%20LAW%20NO.%202%20CHART.xls
Tuesday, October 31, 2006
Public Hearing on the Dyckman Test Town - Cohocton Planning Board - 6:30 PM, Thursday November 2, 2006
IT IS IMPORTANT THAT THE PUBLIC TURNS OUT TO THE COHOCTON PLANNING BOARD PUBLIC HEARING ON THE DYCKMAN TOWER.
The disreputable conduct of attorney Todd M. Mathes of the Albany law firm Whiteman, Osterman & Hanna to pervert NYS law by having the Cohocton Planning Board hold a bogus public hearing on the Dyckman test tower is clear evidence of local government out of control. The proper authority and jurisdiction for this matter is with the Zoning Board of Appeals.
Since the ZBA has already ruled under NYS law, the only recourse for UPC to appeal is to file an Article 78 in NYS Supreme Court.
DEMAND THAT THE COHOCTON PLANNING BOARD OBEY NEW YORK STATE LAW!
This public hearing will start early at 6:30 PM on Thursday, November 2, 2006
The Planning Board should never have accepted the DEIS. Without a proper application in a project NO ACTION should have been taken, by ANY Cohocton Town Board.
IT IS TIME TO DEMONSTRATE YOUR OUTRAGE with the conduct of UPC and the Whiteman, Osterman & Hanna law firm. It has already cost the Town of Cohocton $22,681.00 for legal fees to these attorneys. On top of that UPC has paid an additional $21,523.47 to Whiteman, Osterman & Hanna. These exact amounts were provided to Cohocton Wind Watch, from freedom of information filings by the Town of Cohocton. A total of $44,204.47 in legal costs in addition to that of the annual legal fees of Town Attorney Pat McAllister.
Does this sound like a bargain?
Why won’t the Town of Cohocton just obey the ruling of the Zoning Board of Appeals? The UPC test towers where erected without proper permitting. Attorney Todd M. Mathes would have you believe that these are communication towers. Folks, don’t passively accept such insults. The purpose of these UPC test towers is supposed to measure and record the wind velocity at the sites of their location.
THE ZONING BOARD OF APPEALS has the authority in this area and has already ruled that the Dyckman tower should be taken down.
Cohocton needs operate by the rule of law. Both Cohocton local law and NYS laws are being violated. Show town officials that they must comply with the Zoning Board of Appeals decision.
The disreputable conduct of attorney Todd M. Mathes of the Albany law firm Whiteman, Osterman & Hanna to pervert NYS law by having the Cohocton Planning Board hold a bogus public hearing on the Dyckman test tower is clear evidence of local government out of control. The proper authority and jurisdiction for this matter is with the Zoning Board of Appeals.
Since the ZBA has already ruled under NYS law, the only recourse for UPC to appeal is to file an Article 78 in NYS Supreme Court.
DEMAND THAT THE COHOCTON PLANNING BOARD OBEY NEW YORK STATE LAW!
This public hearing will start early at 6:30 PM on Thursday, November 2, 2006
The Planning Board should never have accepted the DEIS. Without a proper application in a project NO ACTION should have been taken, by ANY Cohocton Town Board.
IT IS TIME TO DEMONSTRATE YOUR OUTRAGE with the conduct of UPC and the Whiteman, Osterman & Hanna law firm. It has already cost the Town of Cohocton $22,681.00 for legal fees to these attorneys. On top of that UPC has paid an additional $21,523.47 to Whiteman, Osterman & Hanna. These exact amounts were provided to Cohocton Wind Watch, from freedom of information filings by the Town of Cohocton. A total of $44,204.47 in legal costs in addition to that of the annual legal fees of Town Attorney Pat McAllister.
Does this sound like a bargain?
Why won’t the Town of Cohocton just obey the ruling of the Zoning Board of Appeals? The UPC test towers where erected without proper permitting. Attorney Todd M. Mathes would have you believe that these are communication towers. Folks, don’t passively accept such insults. The purpose of these UPC test towers is supposed to measure and record the wind velocity at the sites of their location.
THE ZONING BOARD OF APPEALS has the authority in this area and has already ruled that the Dyckman tower should be taken down.
Cohocton needs operate by the rule of law. Both Cohocton local law and NYS laws are being violated. Show town officials that they must comply with the Zoning Board of Appeals decision.
Monday, October 30, 2006
UPC attorney - Nixon Peabody - submission for Public Hearing on Cohocton Windmill Local Law #2
NOTE: Nixon Peabody is the same law firm that represents Ecogen in their suit against the Town of Italy. Just more UPC and Ecogen corporate connections???
NixonPeabody103006.rtf
NixonPeabody103006.rtf
Saturday, October 28, 2006
Town position on Comprehensive Plan compliance concerning all new zoning laws by Robert C. Strasburg II
UPC leaseholders misunderstand Town Zoning Laws as regulated by NYS Law.
It is unfortunate that the pseudo patriotic notion that is being perpetrated on our Town has been allowed to solidify into the current opinion of many UPC leaseholders and landowners in Cohocton.
The idea that "I should be able to do on my land what I want" is not supported by case law. Not only does a Town have the AUTHORITY to restrict private land use, it also has the RESPONSIBILITY to do so to protect all residents in a Town. Please see the hyperlink below that will walk you through to a full understanding of just what Zoning entails.
06-10-25c.doc
It is unfortunate that the pseudo patriotic notion that is being perpetrated on our Town has been allowed to solidify into the current opinion of many UPC leaseholders and landowners in Cohocton.
The idea that "I should be able to do on my land what I want" is not supported by case law. Not only does a Town have the AUTHORITY to restrict private land use, it also has the RESPONSIBILITY to do so to protect all residents in a Town. Please see the hyperlink below that will walk you through to a full understanding of just what Zoning entails.
06-10-25c.doc
Friday, October 27, 2006
Thursday, October 26, 2006
Hillary and Industrial Wind Turbines
Hi,
Last night I saw Hillary Clinton's recent ad campaign and was
horrified to see it features wind factories.
I thought you might like to inform your members in the hope that some
of them will write or email her and express disapproval. She needs to
be aware of how many New Yorkers oppose these.
I heard that as few as 8 letters on a topic to a senator or member of
congress will make them take notice.
Thanks and thanks for your commitment to this issue,
Kari Pagnano
NOTE Read the June 28, 2006 letter to Senator Hillary Clinton by James Hall
Last night I saw Hillary Clinton's recent ad campaign and was
horrified to see it features wind factories.
I thought you might like to inform your members in the hope that some
of them will write or email her and express disapproval. She needs to
be aware of how many New Yorkers oppose these.
I heard that as few as 8 letters on a topic to a senator or member of
congress will make them take notice.
Thanks and thanks for your commitment to this issue,
Kari Pagnano
NOTE Read the June 28, 2006 letter to Senator Hillary Clinton by James Hall
National Wind Watch challenges support of industrial wind power by major non-profit groups
Rowe, Mass., October 26, 2006 -- Many advocacy groups, fighting global warming and the negative environmental and health impacts of fossil fuel or nuclear energy, have embraced large-scale wind power as part of a solution.
Those organizations are misguided in their support of wind energy, says National Wind Watch (NWW), a coalition of grass-root groups defending wild places and rural communities from industrial development.
"Groups like Greenpeace and the state PIRGs have built their reputations by speaking out against rampant development and destruction of the environment," says Eric Rosenbloom, a Vermont science writer and current president of NWW. "In the past, they have reliably taken the side of communities against the greed of heedless corporations or convenient politics. But with industrial wind, they've gone to the other side. They're effectively acting as shills for giant energy companies looking for a fast buck with a trendy but very flawed technology that destroys landscapes, ecosystems, and communities."
According to material on NWW's web site, www.wind-watch.org, wind power on the grid has not been shown to reduce emissions or replace other sources of electricity to any degree that justifies its own negative impacts. Because it responds only to the fluctuating wind and not to actual user demand, it adds instability to the power load, thus further burdening other sources of power to keep the system balanced.
Since the environmental benefits aren't there, NWW questions the support of industrial wind power by so many organizations that are otherwise defenders of the environment.
"The argument that local sacrifices are necessary to save the planet just doesn't hold up," said Lloyd Crawford, NWW treasurer and owner of Stump Sprouts guest lodge and cross-country ski center in West Hawley, Mass. "These giant machines won't make the slightest dent in global warming. Their negative impacts, on the other hand, are substantial."
Those impacts include the disruption and deaths of birds and bats, fragmentation of habitat, damage to watersheds, and visual as well as auditory intrusion day and night. In addition to their immense height, tons of cement and steel in the foundations, and acres of clearance, wind power facilities require strong straight roads and substantial new transmission infrastructure.
National Wind Watch calls on all organizations interested in protecting the environment, wildlife, and our communities to more carefully consider the facts about industrial wind energy. The unavoidable conclusion is that big wind is a threat rather than a savior to those interests.
The statement from National Wind Watch was released to coincide with the 16th annual conference of the Society of Environmental Journalists in Burlington, Vt., Oct. 2529, 2006. NWW will be represented at an exhibit table by its Vermont affiliates led by Sheffield-based Ridge Protectors, along with Kansas affiliate Protect the Flint Hills and Industrial Wind Action of New Hampshire.
This is the second year that NWW has exhibited at the SEJ conference. The ad hoc Coalition for Responsible Wind Power, created by Sierra Club of Maryland Conservation Chair and NWW founding member Dan Boone, has exhibited for the previous two years and last year welcomed the newly formed National Wind Watch to participate.
--------------------------------------------------------------------------------
National Wind Watch is a nonprofit corporation that promotes knowledge and raises awareness of the negative environmental and social impacts of industrial wind energy development. Information, analysis, and other materials are available on its web site, www.wind-watch.org.
~~~
National Wind Watch, Inc.
http://www.wind-watch.org/
Those organizations are misguided in their support of wind energy, says National Wind Watch (NWW), a coalition of grass-root groups defending wild places and rural communities from industrial development.
"Groups like Greenpeace and the state PIRGs have built their reputations by speaking out against rampant development and destruction of the environment," says Eric Rosenbloom, a Vermont science writer and current president of NWW. "In the past, they have reliably taken the side of communities against the greed of heedless corporations or convenient politics. But with industrial wind, they've gone to the other side. They're effectively acting as shills for giant energy companies looking for a fast buck with a trendy but very flawed technology that destroys landscapes, ecosystems, and communities."
According to material on NWW's web site, www.wind-watch.org, wind power on the grid has not been shown to reduce emissions or replace other sources of electricity to any degree that justifies its own negative impacts. Because it responds only to the fluctuating wind and not to actual user demand, it adds instability to the power load, thus further burdening other sources of power to keep the system balanced.
Since the environmental benefits aren't there, NWW questions the support of industrial wind power by so many organizations that are otherwise defenders of the environment.
"The argument that local sacrifices are necessary to save the planet just doesn't hold up," said Lloyd Crawford, NWW treasurer and owner of Stump Sprouts guest lodge and cross-country ski center in West Hawley, Mass. "These giant machines won't make the slightest dent in global warming. Their negative impacts, on the other hand, are substantial."
Those impacts include the disruption and deaths of birds and bats, fragmentation of habitat, damage to watersheds, and visual as well as auditory intrusion day and night. In addition to their immense height, tons of cement and steel in the foundations, and acres of clearance, wind power facilities require strong straight roads and substantial new transmission infrastructure.
National Wind Watch calls on all organizations interested in protecting the environment, wildlife, and our communities to more carefully consider the facts about industrial wind energy. The unavoidable conclusion is that big wind is a threat rather than a savior to those interests.
The statement from National Wind Watch was released to coincide with the 16th annual conference of the Society of Environmental Journalists in Burlington, Vt., Oct. 2529, 2006. NWW will be represented at an exhibit table by its Vermont affiliates led by Sheffield-based Ridge Protectors, along with Kansas affiliate Protect the Flint Hills and Industrial Wind Action of New Hampshire.
This is the second year that NWW has exhibited at the SEJ conference. The ad hoc Coalition for Responsible Wind Power, created by Sierra Club of Maryland Conservation Chair and NWW founding member Dan Boone, has exhibited for the previous two years and last year welcomed the newly formed National Wind Watch to participate.
--------------------------------------------------------------------------------
National Wind Watch is a nonprofit corporation that promotes knowledge and raises awareness of the negative environmental and social impacts of industrial wind energy development. Information, analysis, and other materials are available on its web site, www.wind-watch.org.
~~~
National Wind Watch, Inc.
http://www.wind-watch.org/
Sue Sliwinski Editorial
Dear Editor:
Why is it that supporters of commercial wind power routinely ignore the ever-growing mountain of data demonstrating this technology's ineffectiveness? And why do they refuse to acknowledge increasing real-life evidence that this kind of development is off the charts with respect to inappropriateness in our rural communities? I believe anyone who thinks it's okay simply doesn't comprehend the true impacts of what they're supporting. They say they've investigated, gone to see the machines close up, talked to people around them, and still insist that the money they or the town expects to take in makes it all worth while. It's hard to comprehend how anyone can come to this conclusion.
The turbines that Invenergy wants to use are almost as tall as Buffalo's Marine Midland Bank Building. Imagine 86 of these buildings plunked between the homes and properties of Sheldon, all with their own substantial access roads cutting back into woods, open fields, and meadows. 86! But wind turbines don't just sit quietly like buildings do. They whir and blink and moan, pretty much all the time.
This isn't just about how they "look" as supporters often say when trivializing opponents concerns. The setbacks that Invenergy is advocating defies all common sense, yet these distances are echoed by wind developers everywhere in order to more easily achieve their goals within the boundaries of residential areas where industrial development has always been off-limits. Wind developers across NY State are using the inexperience of policy makers and the lack of any guiding precedence to their advantage by telling us they are the experts, and ‘these’ are the numbers to use as our parameters. Ironically, their machines keep growing taller while their ‘recommended’ setbacks continue to shrink.
The only true mitigating factor with regard to proposed commercial scale wind turbines and existing homes is adequate distance. Indeed, wind supporter and acoustic expert Dick Bowdler of 'New Acoustics' states that the idea of putting such massive machines so close to residents is likely to cause serious problems and when consulted, he advocates that commercial turbines never be built closer than a mile and a quarter to any occupied structure. The French Academy of Medicine came out this year with recommendations for 1.5 kilometer setbacks based on rising health concerns in that country, and the only peer-reviewed published paper that exists on wind turbine noise states, “…at a distance of 1500 m. (4900 feet) tall wind turbines may in fact be up to 18 dB noisier than the calculated values suggest. A further increase in annoyance may be expected because of the pulse-like character of the wind turbine noise, especially at high rotational speeds.”
Just this past June, a flicker study was done for Horizon Wind Energy by WIND Engineers, Inc that demonstrates shadow-flicker can still be an issue at a distance of almost 5000 feet, and a nuisance as far away as 3300 feet. Earlier this year in Pubnico Point, Nova Scotia, all eight members of the d’Entremont family had to abandon their home of 23 years because several turbines within a half-mile of their residence were making the children sick and causing their Mom’s migraines to worsen, according to CBC interviews. This is just one example of what is happening more and more often as commercial wind development proliferates without concern for the inhabitants of the local environments that are targeted.
If a wind turbine is so close as to dominate the immediate surroundings, then it’s too close. And if you want to sell and move away, your chance to advertise, “country living at it’s best” is gone. You can no longer refer to your home as quiet, peaceful, serene or as having beautiful views, yet developers tell us our property values will go up, not down, with turbines nearby!
Wind developers make up the rules as they go along. They’ve insisted that their skyscraper sized steel monsters make good neighbors despite mounting data to the contrary, and because few question their ‘expert’ status, and because they WANT to say YES to those pay-outs, the claims are often accepted at face value and without further meaningful research.
The commercial wind industry is making a mockery of all environmental and renewable energy advocates who support them. They’re often ruthless in their local activities, and will no doubt disappear long before we can hold them accountable for their indiscretions against us and against the planet. Where, I wonder will Invenergy and others like them be when society realizes the folly of it all?
Sue Sliwinski
National Wind Watch, Inc.
Sardinia NY
716 592 1403
Why is it that supporters of commercial wind power routinely ignore the ever-growing mountain of data demonstrating this technology's ineffectiveness? And why do they refuse to acknowledge increasing real-life evidence that this kind of development is off the charts with respect to inappropriateness in our rural communities? I believe anyone who thinks it's okay simply doesn't comprehend the true impacts of what they're supporting. They say they've investigated, gone to see the machines close up, talked to people around them, and still insist that the money they or the town expects to take in makes it all worth while. It's hard to comprehend how anyone can come to this conclusion.
The turbines that Invenergy wants to use are almost as tall as Buffalo's Marine Midland Bank Building. Imagine 86 of these buildings plunked between the homes and properties of Sheldon, all with their own substantial access roads cutting back into woods, open fields, and meadows. 86! But wind turbines don't just sit quietly like buildings do. They whir and blink and moan, pretty much all the time.
This isn't just about how they "look" as supporters often say when trivializing opponents concerns. The setbacks that Invenergy is advocating defies all common sense, yet these distances are echoed by wind developers everywhere in order to more easily achieve their goals within the boundaries of residential areas where industrial development has always been off-limits. Wind developers across NY State are using the inexperience of policy makers and the lack of any guiding precedence to their advantage by telling us they are the experts, and ‘these’ are the numbers to use as our parameters. Ironically, their machines keep growing taller while their ‘recommended’ setbacks continue to shrink.
The only true mitigating factor with regard to proposed commercial scale wind turbines and existing homes is adequate distance. Indeed, wind supporter and acoustic expert Dick Bowdler of 'New Acoustics' states that the idea of putting such massive machines so close to residents is likely to cause serious problems and when consulted, he advocates that commercial turbines never be built closer than a mile and a quarter to any occupied structure. The French Academy of Medicine came out this year with recommendations for 1.5 kilometer setbacks based on rising health concerns in that country, and the only peer-reviewed published paper that exists on wind turbine noise states, “…at a distance of 1500 m. (4900 feet) tall wind turbines may in fact be up to 18 dB noisier than the calculated values suggest. A further increase in annoyance may be expected because of the pulse-like character of the wind turbine noise, especially at high rotational speeds.”
Just this past June, a flicker study was done for Horizon Wind Energy by WIND Engineers, Inc that demonstrates shadow-flicker can still be an issue at a distance of almost 5000 feet, and a nuisance as far away as 3300 feet. Earlier this year in Pubnico Point, Nova Scotia, all eight members of the d’Entremont family had to abandon their home of 23 years because several turbines within a half-mile of their residence were making the children sick and causing their Mom’s migraines to worsen, according to CBC interviews. This is just one example of what is happening more and more often as commercial wind development proliferates without concern for the inhabitants of the local environments that are targeted.
If a wind turbine is so close as to dominate the immediate surroundings, then it’s too close. And if you want to sell and move away, your chance to advertise, “country living at it’s best” is gone. You can no longer refer to your home as quiet, peaceful, serene or as having beautiful views, yet developers tell us our property values will go up, not down, with turbines nearby!
Wind developers make up the rules as they go along. They’ve insisted that their skyscraper sized steel monsters make good neighbors despite mounting data to the contrary, and because few question their ‘expert’ status, and because they WANT to say YES to those pay-outs, the claims are often accepted at face value and without further meaningful research.
The commercial wind industry is making a mockery of all environmental and renewable energy advocates who support them. They’re often ruthless in their local activities, and will no doubt disappear long before we can hold them accountable for their indiscretions against us and against the planet. Where, I wonder will Invenergy and others like them be when society realizes the folly of it all?
Sue Sliwinski
National Wind Watch, Inc.
Sardinia NY
716 592 1403
Wednesday, October 25, 2006
James and Shannon Lince letter to the Town of Cohocton - regarding Windmill Local Law #2
James and Shannon Lince
9955 Wagner Gully Road
Cohocton, NY 14826
Town Board of Cohocton
Town Planning Board of Cohocton
15 S. Main Street
Cohocton, NY 14826
October 24, 2006 VIA CERTIFIED AND REGULAR MAIL
Elected and appointed officials of Cohocton,
We write you again strongly objecting to the passage of industrial wind turbine law. As a resident in zoned agriculture and residential land AG/R, we oppose zoning variances and laws which promote and support commercial industrialization of this land. This industrialization will bring well documented nuisances, reduction in property market value, health and hazard risks to residents, and a reduction in property rights.
Passing this industrial zoning law is a clear breach of the spirit of residential zoning and Comprehensive Land Use Plan.
The damages that we as property owners will predictably incur based on your actions are material and substantial.
Very Truly Yours,
James and Shannon Lince
Cohocton, NY
9955 Wagner Gully Road
Cohocton, NY 14826
Town Board of Cohocton
Town Planning Board of Cohocton
15 S. Main Street
Cohocton, NY 14826
October 24, 2006 VIA CERTIFIED AND REGULAR MAIL
Elected and appointed officials of Cohocton,
We write you again strongly objecting to the passage of industrial wind turbine law. As a resident in zoned agriculture and residential land AG/R, we oppose zoning variances and laws which promote and support commercial industrialization of this land. This industrialization will bring well documented nuisances, reduction in property market value, health and hazard risks to residents, and a reduction in property rights.
Passing this industrial zoning law is a clear breach of the spirit of residential zoning and Comprehensive Land Use Plan.
The damages that we as property owners will predictably incur based on your actions are material and substantial.
Very Truly Yours,
James and Shannon Lince
Cohocton, NY
David Miller letter to Cohocton Town Board - Public Hearing on Windmill Local Law #2
DAVID R MILLER, ESQ.
111 NORTH MAIN STREET
P.O. BOX 356
NAPLES. NEW YORK 14512
(585) 374-213O
October 23, 2006
The Hon. Jack Zigenfus
Supervisor, Town of Cohocton
15 S. Main St.
Cohocton, NY 14826
Re: Adoption of Local law No. 2 of the Year 2006 (Wind Turbine Law)
Dear Supervisor Zigenfus:
My client James Hall and I are writing to you and the Town Board to urge you not to adopt Local Law No. 2 of the Year 2006 as written.
As you know, New York State Law requires that all Zoning Laws and amendments be written in accordance with the Town's comprehensive plan.
The Town of Cohocton's comprehensive plan, adopted in 1970, and apparently never updated, obviously makes no provision for the construction and operation of wind turbines, as they were not widely in use at that time. The Town's comprehensive plan does make it clear however, that the primary objective of land use planning in the Town is to preserve the Town's rural and agricultural characteristics. This is a worthy goal which should be promoted by your and other surrounding municipal boards.
Unfortunately, the proposed law does nothing to further those objectives, but rather will seriously detract from them, allowing as it does the construction of wind turbines some five hundred feet in height.
The law's failure to honor the Town's comprehensive plan makes it suspect and open to attack. Also, the requirement of a special use permit before construction, to be approved by the Planning Board without sufficient guidance from the local law, will render the granting of each permit equally suspect and open to litigation.
We urge the Town Board to give this law no further consideration and to adopt a more sensible alternative, more in keeping with the Town's stated goals
Thank you for your attention to this matter.
Sincere
David P. Miller
111 NORTH MAIN STREET
P.O. BOX 356
NAPLES. NEW YORK 14512
(585) 374-213O
October 23, 2006
The Hon. Jack Zigenfus
Supervisor, Town of Cohocton
15 S. Main St.
Cohocton, NY 14826
Re: Adoption of Local law No. 2 of the Year 2006 (Wind Turbine Law)
Dear Supervisor Zigenfus:
My client James Hall and I are writing to you and the Town Board to urge you not to adopt Local Law No. 2 of the Year 2006 as written.
As you know, New York State Law requires that all Zoning Laws and amendments be written in accordance with the Town's comprehensive plan.
The Town of Cohocton's comprehensive plan, adopted in 1970, and apparently never updated, obviously makes no provision for the construction and operation of wind turbines, as they were not widely in use at that time. The Town's comprehensive plan does make it clear however, that the primary objective of land use planning in the Town is to preserve the Town's rural and agricultural characteristics. This is a worthy goal which should be promoted by your and other surrounding municipal boards.
Unfortunately, the proposed law does nothing to further those objectives, but rather will seriously detract from them, allowing as it does the construction of wind turbines some five hundred feet in height.
The law's failure to honor the Town's comprehensive plan makes it suspect and open to attack. Also, the requirement of a special use permit before construction, to be approved by the Planning Board without sufficient guidance from the local law, will render the granting of each permit equally suspect and open to litigation.
We urge the Town Board to give this law no further consideration and to adopt a more sensible alternative, more in keeping with the Town's stated goals
Thank you for your attention to this matter.
Sincere
David P. Miller
Presentation Cohocton Public Hearing Windmill Local Law #2 by CWW
Presentation Cohocton Public Hearing Windmill Local Law #2 by CWW
Passing Windmill Local Law #2 would be a grave error for the Town of Cohocton. Any Councilman that would vote for the adoption of this ordinance will bear the responsibility of the harsh consequences that will take decades to recover. The evidence that this law was drafted to meet all the desired requirements of UPC is undeniable. The public safety has been sacrificed for corporate greed. We are told that landholders can scar the landscape because they want to extract extra income from an industrial project because they control the votes on the Cohocton Town Board. We are also told that the Zigenfus administration can push through this ordinance, written by a law firm that masquerades as working for the Town, but paid for by UPC, because Jack and Wayne rule the roost.
Well what about the looking out for the ordinary property owners and residents? Without increased setbacks and protective site locations, residents will be condemned to the horror of an unbearable existence among a forest of monster machines. Jack and Wayne will vote for their UPC patron. So it is up to Mr. Wise and Mr. LeVesque to voice their objection to save our town from adopting a law that guarantees law suits into the indefinite future.
What we need to do NOW is to scrap Windmill Local Law #2 and sit down and write a law that is consistent with our Comprehensive Plan. A Moratorium is needed NOW. What is the all fired rush to judgment to pass a law designed for the first developer that pushed their way into town? Now that a second developer has announced intentions to do a project, would it not be prudent to sit down and create an open process to write a model windmill law? The deception and secrecy used to formulate Windmill Local Law #2 is the reason that Cohocton is in turmoil.
Everyone in town knows it is about the money! So all we need to know is how many and how much has been paid or promised to buy votes? Passing Windmill Local Law #2, as it is written, will prove that UPC bought Cohocton. Do the right thing and reject this law.
_____________________________________________
The environment will be the biggest loser if this Town Council approves Windmill Local Law #2. No doubt wildlife will suffer a huge negative impact, but area residents will suffer even worse. Do you care about people or are you so taken up with the idea that shadow flicker is the image you want for Cohocton?
Property owners will suffer massive losses if industrial turbines higher than the Xerox tower are allowed and erected next to the homes of residents. Once the viewshed is given over to industrial towers, the value of our property will drop like a rock. This law will be the cause of great harm and financial hardship to everyone, but what will happen to homeowners when they can no longer sell their property? The Town of Cohocton will be the target of lawsuits that will far outspend any income from a PILOT program.
Low frequency noise is a health hazard that will make life unlivable. Pregnant women will have their offspring placed at serve risk by the ill affects of this continuous noise. God did not create nervous systems to be condemned to man made industrial machines. Our well being is a natural birthright! Windmill Local Law #2 is an ordinance that is made for the benefit of the UPC developer. Why are you about to pass this law when the setbacks are so close to our homes? At the very least all setbacks should be from the adjoining property lines, not dwellings.
Also why are these setbacks not the same distance from all public roads? Shouldn’t the traveling public have the safety protection from the greatest ice throw distance when they drive on Cohocton roads? Of course they should, so why is the Town Board ready to pass a law that obviously ignores this primary public safety need?
We MUST have a Moratorium, if you are unwilling to defeat this law. Start over and write legislation that will resolve these glaring failures in Windmill Local Law #2. Follow the spirit of our Comprehensive Plan, or undertake that a new master land use plan be updated before adopting any industrial wind turbine zoning changes.
_______________________________________________
I’m mad as hell and I won’t take it anymore! This Town Board has acted with immense irresponsibility by allowing this awful Windmill Local Law #2 to be written. Why was an outside law firm used and why is UPC paying the legal fees for this legislation? This stinks to high heaven! Every resident of Cohocton should oppose this Board if they pass WLL #2. It sure looks like more than the leaseholders are being paid to get the UPC project approved.
Explain why the Empire State Wind Energy developer is able to propose wind turbines without a PILOT, while UPC wants to pay the town, school district and county so little? People are asking, why is this Town Board so eager to do damage to Cohocton by passing this law? The conduct of Councilmen has been disgraceful. The School Board is getting ripped off “big time” by the PILOT and SCIDA has land as part of the UPC proposal. When will this Board disclose the exact amount of the PILOT or is it so low that it is a joke?
Why won’t this Board submit the reports from the “so called” independent environmental consultant Bagdon or is their work being approved by your Albany attorneys, who are paid by UPC? And you wonder why the Town of Cohocton is at great risk of lawsuits when your actions are the very reason that court case actions will be the end result of this foolish law!
Zigenfus and Hunt are leading the band all right, straight into bankruptcy! Dyckman gets his money from his leases, anyone wonder why the others are voting for this bad law? Cohocton have become a den of thieves and the Sheriff of Nottingham is operating way above his pay grade. Where is Robin Hood when you need him!
If you have any guts you will stand up to this UPC robber baron and do what is right for Cohocton. Declare a moratorium and scrap Windmill Local Law #2. Prove you are responsible office holders. But if you vote this law in, WE all will remember what you did and will never forget the shame you brought to our town.
_____________________________________________
It makes no sense to pass Windmill Local Law #2 when so many deficiencies are evident in the law. After all these months all that can be said is that this law is being railroaded down our throats for the benefit of very few interests. Sure the landholders who have UPC leases want this law to pass. But why are you Board members so determined to reject any sensible attempts to write into the law needed protections for area residents. Cohocton will be changed for the worse forever when you approve the construction of these industrial turbines.
Every resident will see, hear and be haunted by a greed driven scheme to defraud and sell our primary natural resource and substitute it with a boondoggle that will steal our children’s legacy. What is wrong with this Board? Why are you unwilling to hear out the Empire developer when they offer a much more attractive project than UPC? Something is very wrong. Come clean and face the public. Tell us your real motivation to approve a law that has been modified from Windmill Local Law #1 to make it even more accommodating to UPC?
By passing this bad law, you are willfully making us the victims of your efforts to please certain landholders and a company that has refused to modify, add needed safeguards or scale down their development. In fact the UPC project has increased greatly the total Mega Watts capacity and now their larger 2.5 MW turbines will be 423 feet in height. The 500 foot limit in WLL#2, the ability to place industrial turbines anywhere in the town and with no limit on the number of turbines, Cohocton will become an industrial wasteland.
Vote down WLL #2 or pass a Moratorium to hear out the Empire proposal or demand that UPC revise their site locations. We need real protective setbacks, true public safety standards and a better money pay out to the entire community.
___________________________________________________
What a mistake to pass Windmill Local Law #2. Without adequate liability assurance and insurance coverage, the Town of Cohocton is setting itself up for unending litigation. Everyone is at risk under this ordinance. Leaseholders will bear the responsibility of property liability. The Town opens itself up to investigations for breaking New York State laws or ignoring regulations. Taxpayers will be saddled with the burden of future un-funded decommissioning costs. Property owners will lose the use of their land without fair compensation or even be unable to live or sell their land or house.
Adjacent towns will have their local economy and tourist business hit with lack of visitors because of the horrid viewshed from industrial wind turbines. How many more examples do you need before you step back and reflect on what you are doing? All this insanity for such little money! Anyone with even an ounce of objectivity would need to question your motives for wanting to pass this law.
If you are so bent upon approving a wind project, tell us the reason you are so unwilling to negotiate with Empire State Wind Energy? Don’t insult us by saying it is too late to back away from legislation written to facilitate the UPC project! Compare the money pay out and the option, from Empire, to buy the entire project in the future, with the snow job that UPC is presenting.
Cohocton would confirm that it is an undesirable location for decades to come, if WLL #2 is adopted. Think before you vote, a Moratorium is the responsible action to take for all of the residents of Cohocton. I appeal to your conscience, your common sense and your duty to protect the entire community.
Passing Windmill Local Law #2 would be a grave error for the Town of Cohocton. Any Councilman that would vote for the adoption of this ordinance will bear the responsibility of the harsh consequences that will take decades to recover. The evidence that this law was drafted to meet all the desired requirements of UPC is undeniable. The public safety has been sacrificed for corporate greed. We are told that landholders can scar the landscape because they want to extract extra income from an industrial project because they control the votes on the Cohocton Town Board. We are also told that the Zigenfus administration can push through this ordinance, written by a law firm that masquerades as working for the Town, but paid for by UPC, because Jack and Wayne rule the roost.
Well what about the looking out for the ordinary property owners and residents? Without increased setbacks and protective site locations, residents will be condemned to the horror of an unbearable existence among a forest of monster machines. Jack and Wayne will vote for their UPC patron. So it is up to Mr. Wise and Mr. LeVesque to voice their objection to save our town from adopting a law that guarantees law suits into the indefinite future.
What we need to do NOW is to scrap Windmill Local Law #2 and sit down and write a law that is consistent with our Comprehensive Plan. A Moratorium is needed NOW. What is the all fired rush to judgment to pass a law designed for the first developer that pushed their way into town? Now that a second developer has announced intentions to do a project, would it not be prudent to sit down and create an open process to write a model windmill law? The deception and secrecy used to formulate Windmill Local Law #2 is the reason that Cohocton is in turmoil.
Everyone in town knows it is about the money! So all we need to know is how many and how much has been paid or promised to buy votes? Passing Windmill Local Law #2, as it is written, will prove that UPC bought Cohocton. Do the right thing and reject this law.
_____________________________________________
The environment will be the biggest loser if this Town Council approves Windmill Local Law #2. No doubt wildlife will suffer a huge negative impact, but area residents will suffer even worse. Do you care about people or are you so taken up with the idea that shadow flicker is the image you want for Cohocton?
Property owners will suffer massive losses if industrial turbines higher than the Xerox tower are allowed and erected next to the homes of residents. Once the viewshed is given over to industrial towers, the value of our property will drop like a rock. This law will be the cause of great harm and financial hardship to everyone, but what will happen to homeowners when they can no longer sell their property? The Town of Cohocton will be the target of lawsuits that will far outspend any income from a PILOT program.
Low frequency noise is a health hazard that will make life unlivable. Pregnant women will have their offspring placed at serve risk by the ill affects of this continuous noise. God did not create nervous systems to be condemned to man made industrial machines. Our well being is a natural birthright! Windmill Local Law #2 is an ordinance that is made for the benefit of the UPC developer. Why are you about to pass this law when the setbacks are so close to our homes? At the very least all setbacks should be from the adjoining property lines, not dwellings.
Also why are these setbacks not the same distance from all public roads? Shouldn’t the traveling public have the safety protection from the greatest ice throw distance when they drive on Cohocton roads? Of course they should, so why is the Town Board ready to pass a law that obviously ignores this primary public safety need?
We MUST have a Moratorium, if you are unwilling to defeat this law. Start over and write legislation that will resolve these glaring failures in Windmill Local Law #2. Follow the spirit of our Comprehensive Plan, or undertake that a new master land use plan be updated before adopting any industrial wind turbine zoning changes.
_______________________________________________
I’m mad as hell and I won’t take it anymore! This Town Board has acted with immense irresponsibility by allowing this awful Windmill Local Law #2 to be written. Why was an outside law firm used and why is UPC paying the legal fees for this legislation? This stinks to high heaven! Every resident of Cohocton should oppose this Board if they pass WLL #2. It sure looks like more than the leaseholders are being paid to get the UPC project approved.
Explain why the Empire State Wind Energy developer is able to propose wind turbines without a PILOT, while UPC wants to pay the town, school district and county so little? People are asking, why is this Town Board so eager to do damage to Cohocton by passing this law? The conduct of Councilmen has been disgraceful. The School Board is getting ripped off “big time” by the PILOT and SCIDA has land as part of the UPC proposal. When will this Board disclose the exact amount of the PILOT or is it so low that it is a joke?
Why won’t this Board submit the reports from the “so called” independent environmental consultant Bagdon or is their work being approved by your Albany attorneys, who are paid by UPC? And you wonder why the Town of Cohocton is at great risk of lawsuits when your actions are the very reason that court case actions will be the end result of this foolish law!
Zigenfus and Hunt are leading the band all right, straight into bankruptcy! Dyckman gets his money from his leases, anyone wonder why the others are voting for this bad law? Cohocton have become a den of thieves and the Sheriff of Nottingham is operating way above his pay grade. Where is Robin Hood when you need him!
If you have any guts you will stand up to this UPC robber baron and do what is right for Cohocton. Declare a moratorium and scrap Windmill Local Law #2. Prove you are responsible office holders. But if you vote this law in, WE all will remember what you did and will never forget the shame you brought to our town.
_____________________________________________
It makes no sense to pass Windmill Local Law #2 when so many deficiencies are evident in the law. After all these months all that can be said is that this law is being railroaded down our throats for the benefit of very few interests. Sure the landholders who have UPC leases want this law to pass. But why are you Board members so determined to reject any sensible attempts to write into the law needed protections for area residents. Cohocton will be changed for the worse forever when you approve the construction of these industrial turbines.
Every resident will see, hear and be haunted by a greed driven scheme to defraud and sell our primary natural resource and substitute it with a boondoggle that will steal our children’s legacy. What is wrong with this Board? Why are you unwilling to hear out the Empire developer when they offer a much more attractive project than UPC? Something is very wrong. Come clean and face the public. Tell us your real motivation to approve a law that has been modified from Windmill Local Law #1 to make it even more accommodating to UPC?
By passing this bad law, you are willfully making us the victims of your efforts to please certain landholders and a company that has refused to modify, add needed safeguards or scale down their development. In fact the UPC project has increased greatly the total Mega Watts capacity and now their larger 2.5 MW turbines will be 423 feet in height. The 500 foot limit in WLL#2, the ability to place industrial turbines anywhere in the town and with no limit on the number of turbines, Cohocton will become an industrial wasteland.
Vote down WLL #2 or pass a Moratorium to hear out the Empire proposal or demand that UPC revise their site locations. We need real protective setbacks, true public safety standards and a better money pay out to the entire community.
___________________________________________________
What a mistake to pass Windmill Local Law #2. Without adequate liability assurance and insurance coverage, the Town of Cohocton is setting itself up for unending litigation. Everyone is at risk under this ordinance. Leaseholders will bear the responsibility of property liability. The Town opens itself up to investigations for breaking New York State laws or ignoring regulations. Taxpayers will be saddled with the burden of future un-funded decommissioning costs. Property owners will lose the use of their land without fair compensation or even be unable to live or sell their land or house.
Adjacent towns will have their local economy and tourist business hit with lack of visitors because of the horrid viewshed from industrial wind turbines. How many more examples do you need before you step back and reflect on what you are doing? All this insanity for such little money! Anyone with even an ounce of objectivity would need to question your motives for wanting to pass this law.
If you are so bent upon approving a wind project, tell us the reason you are so unwilling to negotiate with Empire State Wind Energy? Don’t insult us by saying it is too late to back away from legislation written to facilitate the UPC project! Compare the money pay out and the option, from Empire, to buy the entire project in the future, with the snow job that UPC is presenting.
Cohocton would confirm that it is an undesirable location for decades to come, if WLL #2 is adopted. Think before you vote, a Moratorium is the responsible action to take for all of the residents of Cohocton. I appeal to your conscience, your common sense and your duty to protect the entire community.
Presentation Cohocton Public Hearing Windmill Local Law #2 by James Hall
Public Hearing on Cohocton Windmill Local Law #2 – October 24, 2006
The Cohocton Town Board has ignored all evidence and proof that this proposed Windmill Local Law #2 does not protect the public safety, property rights of residents and environmental preservation. It is clear that this ordinance violates the Comprehensive Plan. The industrial turbine manufacture’s stated specifications for setbacks are greater than written into this law. Approving a law that that does not meet such standards, guarantees lawsuits. This Board is about to take a fork in the road that will assure perpetual litigation, create unlimited liability claims and cause financial ruin for all of Cohocton.
What needs to be emphasized is that Windmill Local Law #2 is truly a moral issue. The affects of adopting this law will condemn residents to a life of continual horror. This law has no limit on the number of industrial turbines as high as 500 feet, located anywhere in the town. You are aware that Empire State Wind Energy has announced intentions to construct their own project, in addition to the two UPC projects. Now a third developer has made inquiries and has expressed interest in Cohocton since there is no restriction on the number of ventures that can be built.
Approval of this law will open Pandora’s Box with all the terror that comes with a culture of greed and sleaze. The manner upon which UPC came to town and the sordid inducements used to seduce, intimidate and even bribe people is depraved. The entire Town Board has refused to intercede and stop this nightmare of civic corruption. The real victims of this illicit scheme of theft are the residents and property owners who are being sentenced to an industrial asylum of eternal torture.
Mr. Wise and Mr. LeVesque have voted unanimous approval on each stage of the UPC projects. Windmill Local Law #2 was written to accommodate and facilitate this sole foreign developer. It benefits UPC far more than Windmill Local Law #1, while maximizing even greater harm to local residents. We know that Supervisor Zigenfus and Councilman Hunt have sold their honor to their UPC benefactor. We challenge Councilmen Wise and LeVesque to refute Jack and Wayne’s world.
It is our hope that both of you are men of conscience and moral fiber. It is within your power and capacity to reject Windmill Local Law #2. Do you have the moral courage to vote down this malicious law and save the town? Our children and grandchildren will judge and condemn any town official that sells out our future. At the very least make a motion and have a vote, for the record, on a six month Moratorium so that a serious and sincere hard redrafting of a windmill law can be undertaken.
The responsibility rests upon your shoulders. Both of you need to become community leaders. Resist the pressure to rubber stamp this destructive legislation, step forward and earn the respect and gratitude of all the residents who know in their heart that Cohocton will be altered beyond all recognition. It is NOT TOO LATE to sit down and design a development project that can benefit all of Cohocton and preserve the environment at the same time.
Mr. Hunt has proven that he is not a man of his word, has no semblance of objectivity and makes irrational decisions. Mr. Zigenfus has demonstrated he is dishonest, a liar and a little man that aspires to be a ‘tin horn’ dictator. As we speak several investigations are being conducted that could well lead to criminal charges. No wonder that many citizens within our community have concluded that both Hunt and Zigenfus have been bribed. Time will tell if such allegations will be proven in a court of law. Even the appearance that Cohocton is a “den of thieves” and a home of crooks and corrupt politicians is most unfortunate.
The conflict of interest position that Mr. Dyckman has with UPC leases must be most uncomfortable for him. Folks can empathize that he might well wish he never ran for Councilman. That leaves the critical and decisive votes and the fate of our town in the hands of Jeffrey Wise and Milton LeVesque. Search your conscience and save your own soul and that of our town. A mere six month Moratorium so that we all can come together in “good faith” and rework a sensible windmill law and update our Comprehensive Plan is not too much to rescue Cohocton from financial bankruptcy and an environmental waste land. Windmill Local Law #2 must NOT become law if Cohocton is to have a future worth living.
James Hall
The Cohocton Town Board has ignored all evidence and proof that this proposed Windmill Local Law #2 does not protect the public safety, property rights of residents and environmental preservation. It is clear that this ordinance violates the Comprehensive Plan. The industrial turbine manufacture’s stated specifications for setbacks are greater than written into this law. Approving a law that that does not meet such standards, guarantees lawsuits. This Board is about to take a fork in the road that will assure perpetual litigation, create unlimited liability claims and cause financial ruin for all of Cohocton.
What needs to be emphasized is that Windmill Local Law #2 is truly a moral issue. The affects of adopting this law will condemn residents to a life of continual horror. This law has no limit on the number of industrial turbines as high as 500 feet, located anywhere in the town. You are aware that Empire State Wind Energy has announced intentions to construct their own project, in addition to the two UPC projects. Now a third developer has made inquiries and has expressed interest in Cohocton since there is no restriction on the number of ventures that can be built.
Approval of this law will open Pandora’s Box with all the terror that comes with a culture of greed and sleaze. The manner upon which UPC came to town and the sordid inducements used to seduce, intimidate and even bribe people is depraved. The entire Town Board has refused to intercede and stop this nightmare of civic corruption. The real victims of this illicit scheme of theft are the residents and property owners who are being sentenced to an industrial asylum of eternal torture.
Mr. Wise and Mr. LeVesque have voted unanimous approval on each stage of the UPC projects. Windmill Local Law #2 was written to accommodate and facilitate this sole foreign developer. It benefits UPC far more than Windmill Local Law #1, while maximizing even greater harm to local residents. We know that Supervisor Zigenfus and Councilman Hunt have sold their honor to their UPC benefactor. We challenge Councilmen Wise and LeVesque to refute Jack and Wayne’s world.
It is our hope that both of you are men of conscience and moral fiber. It is within your power and capacity to reject Windmill Local Law #2. Do you have the moral courage to vote down this malicious law and save the town? Our children and grandchildren will judge and condemn any town official that sells out our future. At the very least make a motion and have a vote, for the record, on a six month Moratorium so that a serious and sincere hard redrafting of a windmill law can be undertaken.
The responsibility rests upon your shoulders. Both of you need to become community leaders. Resist the pressure to rubber stamp this destructive legislation, step forward and earn the respect and gratitude of all the residents who know in their heart that Cohocton will be altered beyond all recognition. It is NOT TOO LATE to sit down and design a development project that can benefit all of Cohocton and preserve the environment at the same time.
Mr. Hunt has proven that he is not a man of his word, has no semblance of objectivity and makes irrational decisions. Mr. Zigenfus has demonstrated he is dishonest, a liar and a little man that aspires to be a ‘tin horn’ dictator. As we speak several investigations are being conducted that could well lead to criminal charges. No wonder that many citizens within our community have concluded that both Hunt and Zigenfus have been bribed. Time will tell if such allegations will be proven in a court of law. Even the appearance that Cohocton is a “den of thieves” and a home of crooks and corrupt politicians is most unfortunate.
The conflict of interest position that Mr. Dyckman has with UPC leases must be most uncomfortable for him. Folks can empathize that he might well wish he never ran for Councilman. That leaves the critical and decisive votes and the fate of our town in the hands of Jeffrey Wise and Milton LeVesque. Search your conscience and save your own soul and that of our town. A mere six month Moratorium so that we all can come together in “good faith” and rework a sensible windmill law and update our Comprehensive Plan is not too much to rescue Cohocton from financial bankruptcy and an environmental waste land. Windmill Local Law #2 must NOT become law if Cohocton is to have a future worth living.
James Hall
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