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WPEG article 78 ~ Bowers ~ Affidavit of Albert H. Bowers III

WPEG article 78 ~ Bowers ~ Affidavit of Albert H. Bowers III

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WPEG article 78 Affidavit of Albert H. Bowers III
WPEG article 78 Affidavit of Albert H. Bowers III

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Published by: pandorasboxofrocks on Dec 28, 2010
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12/28/2010

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SUPREME COURT OF THE STATEOF NEW YORKCOUNTY OF JEFFERSONWIND POWER ETHICS GROUPPetitioner-Plaintiff,- against-PLANNING BOARD OF THETOWN OF CAPE VINCENT, andRICHARD EDSALL, TOM RIENBECK,GEORGE MINGLE, ANDREW BINSLEY, andKAREN BOURCY, in their capacities asplanning board members,
AFFIDAVIT OF
ALBERT H. BOWERS IIIIndex No. 10-2882Respondents-Defendants, andST. LAWRENCE WINDPOWER, L~C,Respondents-DefendantALBERT H. BOWERS III being duly sworn, deposes and says:I. I live at 11891 Academy St, Chaumont, NY in the Town of Lyme, andhave lived at that address since April 2004.2. I have been a member of the Town of Lyme Planning Board since 2007,and prior to that formed a citizen's committee to research the economics and theeffects of wind generated power projects.3. I had not had time, prior to about August 15
th,
to examine the FEiS thatSt. Lawrence Windpower was to present to the Cape Vincent Planning Board aslead agency on August 18,2010 because the document had not been provided to
 
the Lyme Planning board for our review, but I was made aware that it wasavailable on the internet. When I looked at it and saw that the Lyme PlanningBoard was listed as an involved agency, I contacted the other members of theplanning board with the idea that we needed to make our comments on theproposed FEIS known prior to its presentation to the Cape Vincent Planning Boardon August 18. Upon our review the document appeared to be woefully inadequateand incomplete as is noted in our letter of August 17,2010 (the "August 17letter"), attached hereto as
Exhibit
A.4. The August 17letter was reviewed by members of the planning boardprior to sending it. The fInal version was reviewed by Paul Norton, Chairman of the Lyme Planning Board, However Mr. Norton was engaged in working on a boatfor a customer of his at the time and asked me to sign and transmit the letter.5. At the time of the August 17 letter I was aware that a great manysubstantive comments had been submitted to the lead agency by citizens at earlierpublic hearings about the DEIS and SDEIS. However, based on my review of theproposed FEIS it seemed as if none of those comments were addressed by St.Lawrence Windpower or by the Cape Vincent Planning Board because the projectproposal described in the FEIS was essentially unchanged, except that the size of the project was reduced. Even the reduction in size did not respond to specifIcconcerns expressed in public comments, including comments submitted by theTown of Lyme.6. The August 17 letter was sent by fax to the Cape Vincent town office
 
after a review of the final draft with Paul Norton, Lyme Planning Board Chairman.(Paul was at work on a project for one of his clients at the time we reviewed theletter and asked if I would sign it and send it out, as I have a complete homeoffice.) Receipt of the faxed letter was confirmed the same day by an email fromUrban Hirshey, Cape Vincent Supervisor.7. On October 12,2010 Chairman Paul Norton sent another letter to theCape Vincent Planning Board after it failed to respond in any manner to theAugust 17 letter. The October 12,20I0 letter, attached hereto as
Exhibit B,
details the ways in which the Cape Vincent Planning Board failed to follow theSEQRA process and failed throughout the process to communicate or notifYtheLyme Planning Board.8. On November 29, 2010 Town of Lyme Supervisor Scott Aubertine senta letter to the Town of Cape Vincent clarifYingthe status and substance of theAugust 17 letter and explaining why the Lyme Planning Board, by its August 17letter, specifically declined to recognize the validity of the FEIS. This letter isattached hereto as
Exhibit
C.9. Supervisor Aubertine's November 29 letter is accurate in stating thatthere was little or no communication or correspondence to any of the involvedagencies listed in the FEIS. The letter states:
"Because of the lack of communication, the Lyme TownBoard does not accept the validity of the FE/S."
10. The August 17 letter is informed by a substantial body of knowledgeregarding wind facilities in the town of Lyme as several of the Lyme Planning

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