Articles filed under Zoning/Planning from New York
"The ZBA was not authorized, in exercising original jurisdiction over conditional use permits, to ignore the zoning law in effect or to affirm the vitality of its earlier issued conditional use permit without considering also the issue of vested rights," he wrote. "The ZBA did not have 'continued jurisdiction' and was without authority to extend the terms of a conditional use permit issued under a zoning law that was no longer in effect."
"What is true of any community," he continued, "is that more separation from residences and other occupied sites will likely lead to less objections that we encounter. "There is a definite relationship between the distance from turbines and the noise a particular area will be subject to," Mr. Tayrien said.
The law as originally developed does not adequately protect residents from the damaging effects of low-frequency noise. The law does not protect residents from the significant devaluation of their property that is a virtual certainty with industrial-scale wind development. The law does not provide for dispute resolution if noise or flicker effects exceed the limits.
Town of LeRay residents who want to tap into wind power have a new set of rules to follow. ...Noise is also a concern with the units. Sound from a running turbine cannot be louder than 5 decibels above the ambient sound. As a comparison, the sound made by the rustling of leaves is about 10 decibels.
The board will hold a public hearing at 7 p.m. Monday on the law, which resulted after council members enacted a moratorium to develop regulations in the event the town is ever approached by a wind farm developers Councilwoman Rob in Lattimer said there is little reason to believe the town is a potential site for wind energy development now.
The windmill guidelines have been two years in the development stage and were prompted by a recognition that wind power useage could dramatically grow here and elsewhere in the future. Council members always welcomed the green technology but were keenly aware of issues that have arisen in other communities related to the size and placement of private wind generators.
The situation was resolved when Mr. Alexander purchased an adjacent parcel that included a house. The lot line was then shifted so that the turbine was located on the same parcel as the house. "When he put the two lots together, there was a principal use and an accessory use."
In the commercial turbine rule proposal, sound from the turbines cannot exceed ambient noise that already exists by more than five decibels at the nearest property line. Neighboring property owners could grant a waiver to this rule.
After the failures of BP, does anyone honestly believe that a developer-drafted law provides for the protection of the community better than that recommended by the town- appointed citizens committees, recommendations rejected by those boards because the developers such as BP, Acciona and PPM tell them so? This brings us back to the conflict of interest. The town boards must remove themselves from debate and accept the recommendations of their citizens committees.
Residents fear there aren't enough regulations controlling wind farm projects like the one that could add a dozen turbines on Dry Hill in this rural Herkimer County town. So, when the Town Council asked residents to help draft an ordinance that would control such projects, they jumped at the chance.
The Town Council will hold a public hearing at 5:30 p.m. June 14 in the municipal building on several proposed zoning law changes, including an ordinance on residential wind turbines. The proposal would make wind towers allowable with a special permit outside the villages in all zones.
After about two years of work, the Dunkirk Town Board may vote on a wind energy conversion system, or WECS, law at their June board meeting. Once the proposal becomes law, town of Dunkirk residents will be permitted to build small, residential-use wind towers that have a total generation capacity of 100 kilowatts or less.
The town's wind advisory committee unveiled its version of a law governing wind energy development, but declined to make a recommendation on how far turbines ought to be from neighbors and roads. Committee Chairman Peter A. Paquette said the law has been "three years in the making.
The town will hold a public hearing on the proposed "small wind" law at a council meeting at 5 p.m. June 16 at the Clayton Opera House, 403 Riverside Drive.
A restrictive zoning law would eliminate BP Alternative Energy's proposed wind farm here, a company spokesman warned the Town Council Thursday night. James H. Madden, BP's project manager working on the Cape Vincent Wind Farm, had encouraging figures for a law allowing 50 decibels at the property line, which was proposed during a wind committee work session May 1.
Proposed wind zoning amendments, which called for stricter regulations on wind development in the town, were rejected by the Town Council Wednesday night with two "no" votes - by Supervisor Justin A. Taylor and Councilman Donald I. Turcotte. ...a supermajority vote was required to pass the changes because of a protest petition filed by Supporters of Horse Creek Wind Farm.
CLAYTON - Nearly 100 town residents packed the Clayton Opera House on Wednesday in the last public forum before a Town Council vote next week that would determine the fate of the proposed Horse Creek Wind Farm.
Gun Plain Township is planning an ordinance to regulate and restrict how wind and solar energy devices can be installed. Township board members discussed the proposed ordinance at their Thursday, April 1, meeting and set a public hearing and second reading of the ordinance for Thursday, May 6, at 7 p.m. in the township hall.
Town officials have started the process to change the town's comprehensive plan and zoning law to repeal the creation of wind incentive zones and prohibit industrial wind turbine towers throughout the Town of Italy. The board held a public hearing on April 10 and the proposed changes will be reviewed by the Yates County Planning Board on Thursday, April 22.
With a six-month moratorium on wind energy systems in the Town of Aurora now in place, Town Supervisor Jolene Jeffe is asking the Aurora Planning Board to consider drafting two different wind turbine codes. The first would focus on smaller scale systems while the other would examine regulations for large, commercial wind turbines. "I don't want a hold up on the whole code because we are discussing commercial [wind turbines]," Jeffe said at a Feb. 16 work session.