Articles filed under Zoning/Planning from New York
On the heels of a request for a zoning variance by a citizen seeking to build a wind tower on Bailey Road, the Aurora Town Board has enacted a six-month moratorium on the construction of any commercial or residential wind energy system. Officials plan on using those months to examine the issues surrounding wind towers and update town codes accordingly.
The clock starts anew in the town of Dunkirk. The town board voted at its meeting to extend a moratorium - which prevents residents from building wind energy conversion systems (WECS) on their property - for another six months. It has been a year and nine months since the board started work on the WECS law.
For the next six months, the Town of Aurora will closely study wind energy and how the town should address the issue in its code. As expected, the Town Board on Monday approved a six-month moratorium on wind towers after a proposal late last year from Albert "Bill" Miller to put up a 153-foot-tall tower on his Bailey Road property stirred debate among town officials and drew criticism from an Emery Road neighbor.
A compromise between existing language and more restrictive setbacks left the requirements for turbines that they be placed no closer than 2,500 feet south of Route 12E between the village and Clayton, and east from County Route 6; and no closer than 3,000 feet from the village boundaries. The turbines would not be allowed to raise the sound levels more than 8 decibels above the background noise at non-participating residents' property lines.
A proposal by an Aurora resident to build a 153-foot wind tower on his property for his own use is sparking controversy with a neighbor and has town officials scrambling to figure out what kind of laws they may want to deal with such issues. Albert W. "Bill" Miller submitted a proposal to install a 140-foot tower with a wind-conversion system, 26-feet in diameter, at his home at 1600 Bailey Road. If it gains approval, it could well be the tallest structure in the town outside the village.
The town will move forward with development of a wind zoning law, and quickly. The Town Council unanimously agreed Thursday night to hold work sessions on the draft law that came out of the town's Wind Committee. But that decision came after a divided vote that rejected a six-month wind farm development moratorium proposed by new Supervisor Urban C. Hirschey.
State appellate judges sided Wednesday with a lower court in determining that 10 Lyme town residents presented a valid petition last year to require a supermajority to pass a wind energy facility law. The petition was signed by residents who thought the town zoning law had "excessive" setback requirements.
As the cold winter wind whips through the region, there's one bright spot to think about - the state's potential to harness that energy into electricity. But that potential also brings concerns about wind turbines making noise, harming birds and disturbing the bucolic landscape. That's why municipalities need to take a proactive stance.
The Victor Town Board adopted a new law Monday regulating wind turbines and settled a lawsuit over a fence erected by residents in a conservation area. There are no wind turbines in the town currently, but the new law was established to address potential future problems.
The Town Council will hold a special meeting at 7 p.m. Monday at the town hall to consider the environmental impacts of the proposed wind farm zoning law. Although a new supervisor and two new councilmen will take office in a little more than three weeks, passing the proposed wind law continues to be a goal of Supervisor Janie G. Hollister.
A state Supreme Court judge has dismissed a town of Cape Vincent man's Article 78 petition that sought to overturn the town Zoning Board of Appeals' revocation of his permit for the construction of a 92-foot personal wind turbine. Roger D. Alexander, of 35157 County Route 7, filed the action in mid-October after spending $80,000 to construct the turbine using what he believed was a valid permit.
The town board agreed Thursday that it will not schedule a public hearing or take any vote on a controversial proposed wind power law until at least the beginning of the year. The stipulation came in the wake of a state Supreme Court Article 78 petition filed by the Wind Power Ethics Group LLC in which the group also is asking a judge to rule that three town board members abstain from voting on any wind power-related issues due to alleged conflicts of interest.
Code Enforcement Officer Sam Mancuso discusses the proposed WECS law at a wind energy workshop at the Dunkirk Town Hall. With the moratorium to expire in February 2010 and many months invested in creating the legislation, the town of Dunkirk is trying to finalize a local law on wind energy as soon as possible.
It could be the 11th hour for the Town Council, so it has decided to move ahead with an amendment to the zoning law for wind energy development. The proposed law does not contain overt restrictions on sound, either by an absolute number or by a number relative to ambient noise levels. That upsets members of the Wind Power Ethics Group, which has opposed proposed wind developments in the town and actions by town boards that have conflicts of interest. ..."It's a general policy," said Clifford J. Schneider, who is a former DEC fisheries biologist and has published peer-reviewed articles on acoustics. "But the policy never got down to specifics on measuring background sounds."
As wind energy sweeps through the county, Sheridan officials are looking to adopt legislation to regulate potential wind energy conversion system (WECS) projects within the town. ...Due to the topography of Sheridan - no vast open spaces or rolling hills, but a busy airport - Farnham explained the township is unique, making their focus on small, private WECS projects rather than commercial prospects.
A state Supreme Court judge likely will decide whether a town of Cape Vincent man can keep a personal wind turbine on his property. Roger D. Alexander, of 35157 County Route 7, filed an Article 78 action Tuesday at the Jefferson County Clerk's office against the town's Zoning Board of Appeals, asking that a judge reverse and annul a Sept. 14 decision by the board revoking a permit for the construction of a 92-foot turbine.
Does anyone in Orangeville believe the Town Board is working for them? On Sept. 23 at the Town Hall it was obvious that we are being represented by a lawyer, not the Town Board. The wind turbine law that was voted on specifies that 450-foot turbines can be built 700 feet from your property line and 1,320 feet from your residence. Approximately 200 residents filed petitions objecting to these setbacks for health and safety reasons.
The Orleans Town Council canceled a wind power comment meeting that had been set for Oct. 21. The council had agreed to host the meeting after Horse Creek Wind Farm proponents balked at the recommendations from the town's Wind Committee for more restrictive zoning for commercial wind farms in the town. The council and committee discussed the recommendations at a meeting Sept. 17.
At Thursday's Orleans Town Council meeting, the town's Wind Committee submitted its second set of recommendations for wind turbine zoning. The first set had recommendations for noise rules and setbacks to avoid ice throw, turbine failure and flicker. These recommendations deal with other concerns, including well water disruption and radon exposure because of rock blasting.
Roger D. Alexander can keep his 92-foot wind turbine, for now. Alan N. Wood, the town's zoning enforcement officer, said Mr. Alexander will be given another chance to appeal his case to the town's Zoning Board of Appeals. Mr. Wood said that he notified Mr. Alexander of his violation by mail last month and that a written response from Mr. Alexander's attorney, David B. Guertsen, arrived last week.