Can Art. X Force A Wind Developer To Produce An Alternative Project That Abides "Somewhat" With Our Zoning Law?

The short answer is NO...well maybe!  According to the Art. X judge Agresta who visited Cape Vincent recently.

I think some people prematurely have interpreted what Agresta said at his first meeting about the town and BP sitting down in the stipulation phase as that means BP has to compy with our law. Not true.  He indicated as part of that phase he would like to see if they would  come up with an alternative to the BP project that would comply with CV's law...then he said maybe not 100%.

Now some people quickly interpreted that as BP had to abide by our law. 

Councilman Bragdon at the recent judge Agresta meeting asked the judge if BP could be required to study and present such an alternative project. Basically the judge said he can't  require the developer to enter into a stipulation.  But he then sort of reversed himself saying he thought this stipulation of producing a study of an alternative project would be an important part of the record, and he might require that as part of the record.

Now the conversation by Bragdon and the judge was as if this study of a project alternative that would sort of comply to our law was only on the developer.  However, the judge in his previous visit clearly indicated the "parties" should enter into this stipulation.  BOTH parties...that would be BP AND the town.  Don't lose site of that.

However ,none of this means they WILL FORCE a wind develop to abide by our law.  All it means is as part of the stipulation process  they would like the developer and town to present such a study for them to look at.  Its just checking off another box. And I have always been curious what that "not necessarily 100%" means.  How many more turbines would that be beyond what our law allows already????

Bragdon and the town seem to want to do this alternative project study with BP as requested by the Art X judge.  But is that wise and should Bragdon and the town be pushing the issue?

Seems to me the town would not want to go down this path at all.  They have a law, they had vowed to defend it as is.  Seems like there is no benefit to them to starting to entertain any alternatives or comprommises.  They should tell Art. X...we have a law, and expect any developer to abide by it...end of story.  We have no interest in debating any alternatives.

Seems to me the town by agreeing to sit down in a stipulation (agreement) with BP on a project that is somewhat in compliance with our law could have the town in a trap.  If the town is so over anxious to get to this stipulation alternative, have they clearly thought what they might have to give away, and how that plays out.  The judge is asking BP and the town to compromise.  So what is the compromise?  Certainly BP is not going to agree to what our law requires. Each side would have to give up something, but on the town side...how much?

If for the Art. X judge,  BP and the town sit down and come up with such an alternative project, and it isn't 100% in compliance to our law, what if  Art.X board says..."geee we like this alternative you guys have hammered out...and guess what, this compromise study you came up with in the stipulation phase is our final ruling on your law.  The developer  can put up the alternative and you have both agreed on it!"

So where does this leave the town?  What if there is another developer and they are happy with a smaller project but maybe not one that completely complies with our restrictive law?  Maybe 20 or 40 or 60 turbines.  Who knows?

I think it is a clear message that the Art. X process wants the town and any wind developer to compromise because that would take the political heat and repercussions off the State. 

But this could leave the town holding the bag where they let the Art. X process talk them into a wind farm.

Bottom line... the town should NOT enter into this stipulation on our law and alternative project and abide by the process,  or encourage BP to do so, no matter what the judge wants.  And Bragdon or anyone else representing  the town should not seem so eager to do it.  But once the town agrees the Art. X process is fair, and want to appease it, then they will likely enter into a stipulation compromise on our law because the judge said so and they are rabidly faithful to the Art. X process.

And that could end in a real dangerous place.  You have a law, you claim to defend it to the end, then do it, there is nothing else to discuss really.  And agreeing to enter into any studies with the wind developer over agreements on alternatives to our law is just a plain cop out!

But you watch...if this moves forward this town govt. will suck up and do it.