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.

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