Thursday, September 07, 2006

CWW letter to the Cohocton Planning Board - September 7, 2006

September 7, 2006

Cohocton Planning Board
15 South Main Street
Cohocton New York 14826

Dear Mr. Fox and Planning Board Members:

At another of the special meetings of the Cohocton Town Board a motion was passed to refer back to the Cohocton Planning Board your recommendation on the Cohocton Windmill Local Law #2, specifically regarding the 600 foot setback from roads and the property assurance protection coverage.

It is imperative that public safety needs to be a foremost concern in any new legislation. Adding a mere 100 foot increase to the original setback from public roads provides minimal improvement. Any efforts, from the Town Board Councilmen, Town attorneys or financial development vested interests to pressure the Cohocton Planning to reduce this setback would be a major assault on the necessary and required standard of independence and integrity.

As you are already aware Cohocton Wind Watch views your setback recommendations to be inadequate. Since the Cohocton Planning Board is the lead agency for any industrial windmill projects, CWW urges that your board act with the fortitude to guarantee real protection of the public safety. Mr. Fox’s own recommendation of one and a half times the height of the industrial wind turbines from public roads is especially important wording since your board voted to reverse (Mr. Fox voted to reject his own suggestion) that initial proposal of reducing the height limit of such towers to 400 feet.

With the adoption of a 500 foot tower limit means that the setback from public roads should be 750 feet in order for any future industrial wind turbine to be built to that height perimeter. At the very least, this benchmark needs to be retained in your new review of your own Cohocton Planning Board recommendations.

Keeping the one and a half times the tower height will also mitigate noise issues in the future.

With reference to your property assurance protection requirement, CWW supports the addition of a real estate and fully funded property value escrow indemnity requirement to any new legislation.
The Town Board expressed doubt that such a proposal was vague. Cohocton Wind Watch is ready and able to assist in formulating an active effort to secure a professional real estate insurance consultant that could draft a specific and detailed proposal for inclusion of such a vital protection for all Cohocton property owners. Beverly Cota has direct career expertise in the insurance industry. James Hall has extensive international insurance experience with Lloyds of London. Both are available to coordinate options, in a timely schedule, to present a valid property assurance protection plan for insurance coverage to the Cohocton Planning Board.

Loss of property values from illegitimate spot zoning practices to accommodate industrial wind turbines is an essential grievance that CWW has against the current UPC project.

Last night the Town Supervisor indicated that Cohocton needs to raise $50,000 in the next budget by way of issuing a bond or raise property taxes because of litigation costs. Without a serious inclusion of indemnification for property owners from the negative proximity of industrial wind turbines, further and future legal actions against the Town of Cohocton is inevitable. The prudent and responsible action to safeguard such adverse affects should be a primary concern of the Cohocton Planning Board. Mr. Zigenfus stated that the CPB must take all the needed time necessary to clarify its recommendation.

CWW stands ready to assist either the Cohocton Planning or Town Boards in securing an independent professional consultant who will develop and formulate a true and practical property assurance protection coverage plan. The costs for such an inquiry search can be privately funded with no direct expense to the Town of Cohocton. Therefore, CWW appeals to the Cohocton Planning Board to accept our offer to assist in securing the creation of a substantial real estate property proposal.

All Cohocton residents should work together for the mutual benefit of the entire community. Especially since a second developer, Empire State Wind Energy, has gone public with intentions to make application for their own industrial wind project, now is the time to write a reasonable and protective windmill local law.

The best way to diminish legal exposure for the Town of Cohocton is to enact legislation that has the real support of those most affected in the township. Your written reply to this offer is requested with suggestions how we can contribute to delineate the details of a property assurance protection coverage that is a crucial element in your recommendations to the Town Board.

Cordially,



Steve Trude – President Cohocton Wind Watch

cc: all Cohocton Town Board Councilmen

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