BEEKMANTOWN — The conditional-use permit allowing a 13-turbine wind development here surpassed its latest obstacle Wednesday night.
The permit, granted by Beekmantown Zoning Board of Appeals to Windhorse Power, LLC, has been an object of controversy and litigation since it was first issued on Jan. 31, 2007.
UNANIMOUS
The project was taken over by Penn Energy Trust, LLC, which had to prove that it had taken “overt action” on the plan in order to keep the use permit.
That was the only focus of meetings held last Friday and Wednesday night.
“An overt action was taken in the required time frame of 180 days,” Zoning Board Chairperson Janice Marchut Conrad said. “We took ours tonight, I guess.”
Zoning Board members Patrick Sullivan, Dr. Jerome Davis, Colleen Monty and Karen Billings followed Conrad in voting to uphold the permit, making it a unanimous decision.
COURT ACTION
A legal challenge came twice over the years from the West Beekmantown Neighborhood Association. The not-for-profit group has been vocal in opposition to the project, saying it violates town zoning laws.
The Zoning Board decided that Penn demonstrated an overt action by defending itself against the Neighborhood Association.
“The determination by the Zoning Board was upheld by a superior court judge and subsequently upheld by an appellate court of five judges,” Marchut Conrad noted.
LAND PURCHASES
The board also noted that Penn had purchased land that, during the appeal process, it had options to own.
“Now, approximately 702 acres is owned by Penn and another 264 approximately is under easement,” Marchut Conrad said.
UTILITY AGREEMENT
Penn’s negotiations to secure an interconnection agreement with a power utility proved the most important in the Zoning Board’s decision to uphold the permit.
“Nothing happens if that’s not in place,” Marchut Conrad said. “And (Penn) gave clear evidence that they began October 2005 and they are now in status 10 in the queue of New York Independent Systems Operator. These are things beyond somebody’s control.”
The interconnection process has 14 status levels.
Penn has to negotiate an agreement with New York State Electric and Gas and the Independent System Operators before it can move on to status 11, which is a completed interconnection agreement.
“This is absolutely pivotal in that they cannot move forward without that,” Marchut Conrad said.
TOWN ACTION
The Beekmantown Town Council had decided, at their March meeting, to nullify the project. Only Town Supervisor Dennis Relation and Councilman Rufus “Joe” Deyo voted against that move.
Councilors Sydney Sue Garrant, Samuel Dyer and Sharron Garden voted that Penn’s were subject to the new town law regulating wind turbines, which passed in 2008.
Because the 13-turbine project was considered industrial scale, it would be illegal in the town, they said.
The decision would have canceled the Windhorse project. But Penn Energy argued that its project was grandfathered in.
“Tip of the hat to Dennis Relation for his knowledge of town governmental process,” Sullivan said. “And to his sensitivity to the due process for the taxpayers. This is a Zoning Board issue and some people on the town board are trying to take it out of the hands of the Zoning Board.”
The Windhorse project was expressly left out of the law banning industrial wind turbines, including the numerous moratoriums that halted construction, because it was already before the Zoning Board at the time.
“I can only say this, from the day that it began to the day it ended, I only did my very best to uphold the zoning law in place at the time the application came to us,” Marchut Conrad said.
Regardless of personal opinion, following the law was the Zoning Board’s aim, then and now, she said.
“If (public servants) are doing the job that they are supposed to be doing, they make every effort to put their personal hat away and put their business hat on.”
MOVING AHEAD
With continued legal approval, Penn expects to make more progress.
“Now we’re going to move forward, continue negotiations for the interconnection,” said Kirt Mayland, conservation attorney for Penn Energy.
“We’ll have to wait and see if there is any further litigation, but we hope not. We’re obviously very happy.”
West Beekmantown Neighborhood Association spokeswoman Barbara Peacock said the group has no comment at this time.
Local News
Beekmantown wind project clears Zoning Board
- Breaking News
-
-
Westport fire guts home
Teens escape early morning fire, but cats likely perished.
-
Town hiring notice causes confusion
The Town of Malone's attempt to contract with an administrator for a business-loan program may not have followed state-grant guidelines.
-
Westport fire guts home
- New Today
-
-
Saranac Lake restaurant to reopen Saturday
Asian Buffet Hibachi and Sushi has been closed since a sprinkler system malfunctioned Dec. 19, 2011.
-
Saranac Lake restaurant to reopen Saturday
- Local News
-
-
Fair-share payment puzzles some child-care providers
Plattsburgh meeting to address concerns of area child care providers being hit with a fee for union representation even though they never joined the union.
-
Essex County craves sales-tax hike
The extra ¼ percent would bring total sales tax to 8 percent, like neighboring counties.
-
Ernie's Market closes without warning
A sign on the door of the popular Westport store expresses appreciation "to all of our loyal customers."
-
Boy released from hospital following serious injury
Firefighters had to extricate 10-year-old Dawson Dessureault from a car involved in a crash Friday, Feb. 3.
-
Dissolution study hits a snag
The departure of staff gathering information for Malone's government-efficiency committee will delay the information sharing for a few weeks.
-
Council: state budget cuts threaten Adirondacks
Adirondack Council calls for an immediate increase in the state's Environmental Protection Fund and in EnCon staffing.
-
Elizabethtown wastewater plans updated
It is expected that it will take about six months to have the necessary paperwork filed, get permits, receive responses from the property owners to determine hookup locations and get easements.
-
Fort Ti brings in more money
Donations at the national historic landmark increased by 12 percent last year.
-
Saranac Lake sparkles
The Winter Carnival continues through Sunday.
-
Of Interest: Feb. 8, 2012
Clinton Co. Sheriff's Office investigating lost restaurant money; Peruvian arrested at Champlain border.
-
Seniors click toward computer literacy
The Clinton County Senior Computer Club is a great way for seniors to learn computer basics at the Senior Center.
- February 7, 2012
-
Fair-share payment puzzles some child-care providers
The 2 percent deduction from Social Services stipends helps pay for advocacy efforts by the Voice of Organized Independent Child Care Educators. A meeting in Plattsburgh on Thursday will address that issue and others.
-
Dissolution study hits a snag
The departure of staff gathering information for Malone's government-efficiency committee will delay the information sharing for a few weeks.
-
New Essex County courtroom has security issues
There's no line of sight between the judge's bench and the witness stand, so renovations must be made.
-
Meeting of the minds on fake pot
Students were among those who spoke up at a session in Essex County, helping to make a plan to combat the dangers of synthetic marijuana.
-
State considers bobcat management plan
The New York State Department of Environmental Conservation is seeking public comments on a plan that will help officials adjust hunting and trapping seasons for the species statewide.
-
Two displaced in Westville fire
A woodstove is likely the cause of a blaze that left a farmhouse a total loss, just months after being purchased by an engaged couple.
-
Report: Power project to create many jobs
Champlain Hudson Power Express project is also expected to increase New York state's gross domestic product.
-
Fair-share payment puzzles some child-care providers
- Recent Article Comments
Worker Tells 911: Powell 'exploded the House'
Triple Win: Santorum Takes Minn., Mo., Colo.
Injured Marine Inspired by Homecoming
No Rape Charges Against Son of NYPD Commissioner
Romney Congratulates Santorum, Focuses on Obama
Paul Says Results Help Him Rack Up Delegates
Egypt's Ruling Generals Play Risky Game With US
Former Komen Exec Defends Funding Cut
Skip the Coffee Cup and Inhale Your Caffeine Fix
Calif. Gay Marriage Ban Ruled Unconstitutional
Jury Selection for Ex-UVa Athlete Enters 2nd Day
Raw Video: Giants Celebrate Another Super Bowl
Cab Driver Helps Wis. Family Escape House Fire
Greek Leaders Seek Deal As Bankruptcy Looms
Bernanke: Recovery Depends on Consumer Spending
Staff Removed at LA School During Abuse Probe
Eastwood in Super Bowl Ad 'Compassionate'
Stranded Fishermen Rescued From Bay of Green Bay
Analyst: Outside Troops Won't Intervene in Syria
Police: Father Planned Deadly Fire for Some Time
