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NORTH HARMONY - Town officials would like to regulate wind energy and adult entertainment, asking for the public's opinions regarding both issues.
A public hearing was held April 21 regarding wind energy facilities in the town, and another on adult entertainment is set for 7 p.m. Tuesday.
Supervisor Sally Carlson said about seven people from the Jamestown Audubon Society raised concerns during Tuesday's wind energy hearing about the possibility of commercial windmills within two miles of Chautauqua Lake affecting migratory birds.
"It has been estimated in scientific literature that each year hundreds of millions of birds die due to colliding with wind turbines ... and the numbers of birds killed are expected to increase as more structures are built," reports information from the Audubon Society. "Audubon New York supports the development of renewable sources of energy, including power-producing wind turbines which are properly sited," it adds.
Mrs. Carlson said town officials will "tweak" the law after hearing from the residents at the hearing to make it "more environmentally friendly" before further discussion is held when the town board meets May 11.
Although realizing the benefits of wind energy, the proposed law states if not properly regulated, wind energy facilities can create drainage problems, harm farmlands, present risks to birds and bats, decrease property values, create noise, traffic problems, cause electromagnetic interference and damage roads.
"Wind energy is an abundant, renewable and nonpolluting energy resource of the town, and its conversion to electricity may reduce dependence on nonrenewable energy sources and decreases the air and water pollution that results from the use of conventional energy sources," states the law. It adds generating electricity from turbines can be cost-effective and reduce electrical consumption.
The law creates a wind overlay district in agricultural districts and requires applications for wind energy facilities, discusses setbacks, landscaping, height requirements, lighting and requires applicants to provide construction plans, a study regarding shadow flicker, visual impacts, fire plans, noise, the effect on property values and potential interference. Total height allowable would be 440 feet.
The law also addresses wind energy systems for on-site homes, farms and small commercial use. After the public hearing, changes will also be made to the residential portion of the law including decreasing kilowatt hours from the drafted 100 to about 25, discussing tree clearance needs, allowing logos on tails.
Town officials are also seeking public comment on a proposed adult entertainment law they are considering.
Clerk Nancy Thomas said the town is required by state law to set aside an area for adult entertainment, or, she said, adult entertainment businesses can locate in any commercial property. Municipalities can, however, regulate adult entertainment to mitigate increases in crime, drug use, lowering property values or other impacts associated with adult entertainment uses.
North Harmony's draft law, on which the April 28 hearing will focus, identifies county road 16 for adult entertainment business, the Stedman-Sherman Road.
In 2008, Town Supervisor Sally Carlson asked the town's planning board to develop proposed amendments to the zoning ordinance relating to adult-oriented businesses after a 2004 committee studied potential secondary effects of the businesses. According to a study previously done by town officials, municipalities must allow adult entertainment within their boundaries unless deemed obscene.
''The study ...has shown that adult uses, because of their very nature, are recognized as having serious objectionable operational characteristics,'' states the law, adding that is especially true when several adult entertainment businesses are located near residential, institutional or recreational uses or in close proximity to one another. Adult entertainment use can range from book or video stores carrying sexually-oriented materials to modeling studios, massage parlors and strip clubs. In North Harmony's proposed law, types of businesses are broken up into classes, with regulations for each.
For instance, class one, consists of media shops and will be permitted in any commercial district. Material must be kept in separate rooms and not open to youth. A special use permit would be required to open such a business. Class two consists of cabaret, media shops, motion picture theaters, sex shops, theater or modeling. Class two will be allowed in an area paralleling County Route 33 between Eiden and Ramsey Road. Class two would be prohibited 750 feet from family dwellings or other class two businesses and 1,000 feet from parks, bike paths, playgrounds, cemeteries, indoor recreation, libraries, schools, churches, community centers or daycare. Class three consists of adult physical contact establishments, lingerie modeling, video or arcade, lodging, encounters, live sex acts. Class three is prohibited in North Harmony.
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