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BEEKMANTOWN — A state appeals court has denied the West Beekmantown Neighborhood Association's motion for a stay of Penn Energy's building permit.
The State Supreme Court, Appellate Division recently rejected a motion to stay the issuance of a building permit for the wind-turbine project.
The request had asked the justices to disallow Beekmantown from granting a building permit to Penn Energy until the court could hear the appeal on the Article 78 hearing, which was denied Nov. 13 by Franklin County Court Judge David D. Demarest.
ARTICLE 78 CONTINUES
The motion was submitted by Mark Schneider, the Plattsburgh-based attorney representing the Neighborhood Association. He disagreed with the court's decision to deny the stay and said he would continue to pursue an appeal of the Article 78 hearing.
"I think they should have granted a stay, but the judges disagree with me," said Schneider, consistent in his position that the hearing did not get to the heart of the matter, which is Beekmantown's wind laws. "But he did not in any way say the underlying permit process was legal."
Schneider said he notified the association members of the court's denial and that the appeal of the Article 78 hearing was still in the works.
"It us up to my clients what they want to do. There are many factors involved, but we will still be moving forward with the appeal."
Denial of the stay does not preclude the association from winning the appeal, Schneider said.
BASED ON TOWN LAW
Citing two of Beekmantown's local laws, he remains adamant that the Penn project is illegal under current town law.
"That is why we went to court. Local Laws 2 and 4 do not allow wind projects in residentially zoned neighborhoods, and there are no exceptions to this. I don't know how they are going to get around that. The local laws are unequivocal that wind projects cannot be built in that residential area in west Beekmantown.
"Until the town board changes those laws, we think this would be an illegal project. If the Beekmantown town board wanted to withdraw the law, they could. But they haven't."
When the Article 78 was filed, Schneider said, he and his clients expected Penn Energy and Beekmantown officials to hurry through the permit process.
"But so far nothing has happened."
COMPANY CONFIDENT
Penn Energy Project Manager Kirt Mayland said the company was confident the stay request would be denied.
"We are going to continue to work on the project as we have always been. I would say that we were fairly confident that the court would deny the stay request.
"Once again, it was a less-than-quality legal action brought by the WBNA, which only served to cost the town more money."
Mayland also remains confident that the group's appeal on the Article 78 hearing will be denied.
Penn Energy is working on an application for a building permit to begin construction on the ridge just west of Rand Hill Road and south of Diamond Way.
With its lawyer, Albany-based Michael Sterthous, the company is also negotiating the host-community agreement with Town Supervisor Dennis Relation, Town Councilor Rufus "Joe" Deyo and Town Attorney CJ Madonna of Plattsburgh.
'FRIVOLOUS ACTIONS'
Mayland said he and his team remain prepared to face continued opposition from the Neighborhood Association.
"We fully anticipate the WBNA to continue to file frivolous legal actions in an attempt to stop a clean-energy project that will also bring significant financial benefits to Beekmantown," Mayland said. "We are also reliant upon and confident that the town board will continue to support our project."
In a written statement to the Press-Republican, the Neighborhood Association reiterated the group's stance.
"The bottom line is that the people of Beekmantown passed a Land-Use Plan and a Zoning Ordinance which prohibit industrial projects in the residential area," the statement reads.
"Moving forward with wind-energy generation makes good sense. But this can coexist with zoning and land-use planning, and those laws should be respected."
REVENUE
Relation, pointing out that the project has been before the town for the last five years, is optimistic about the implications for the community.
"This brings some revenue to the taxpayers and to the town. It also gives revenue to landowners in the area, who live here and spend money here. It also creates more jobs for the North Country."
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