Can A Town Protect Its Visual Resources By Law?

 There's been some talk as to whether we can ban huge visually invasive industrial wind turbines, particularly based on what they would do visually to our town. Star there by looking at what NY Home Rule Laws says about that.  The new town zoning attorney says that he can't defend a law that prohibits something because somebody (the town, or zoning committee) doesn't like the way it looks.  Really?

                                                         Well that's really unfortunate!!!

                                                                         


New York Municipal Home Rule - Article 2 - § 10 & # 11 General Powers of Local Governments to Adopt and Amend Local Laws

§ 10. General powers of local governments to adopt and amend local laws. 1. In addition to powers granted in the constitution, the statute of local governments or in any other law, (i) every local government shall have power to adopt and amend local laws not inconsistent with the provisions of the constitution or not inconsistent with any general law relating to its property, affairs or government and, …

(11) The protection and enhancement of its physical and visual environment.

So what did Acciona say would have been the impact on the towns beautiful scenery?  And what does BP say.  Quotes from both project's environmental studies. (various emphasis is mine)

Acciona Visual Assessment

The introduction of large, clearly man-made structures creates an obvious disruption of

the planar agricultural landscape. The well-defined vertical form of turbines on the

horizon introduces a contrasting and distinct perpendicular element into the landscape.

The proposed turbines would be the tallest visible elements within view and will be

disproportionate to other elements on the regional landscape. The distribution of turbines across an extended area would result in the proposed Project being perceived as a highly dominant visual element. The moderately paced sweeping rotation of the turbine blades would heighten the conspicuity of the turbines; no matter the degree of visibility.

BP Visual Assessment

Measured from the ground to the tip of an extended blade, each wind turbine would be

up to 420 feet high and visible from numerous locations in the surrounding area.

The height and density of the turbines would make them a focal point and would

change the visual character of the town.

This is environmental techno-speak for "we are going to screw up the scenery in your so badly with our monster visually  invasive industrial machines that don't actually fit in your town that you won't recognize it when we are done!"

Of course apparently this is OK with the zoning attorney who says you can't protect the view because you don't like the looks of something.  Funny...it seems that even the wind companies have figured out what the zoning attorney apparently is willing to ignore.