The Input the Cape Vincent Zoning Committee Rejected - Read It Here.

Apparently the new Cape Vincent Zonng Committee doesn't want you to see these papers!

As some readers may remember I sent the Cape Vincent Zoning Committtee 9 CD discs containing two papers I wrote just about a year ago. This was intended as input for their zoning work, about how our current zoning laws and comp plan could be rationally used to prohibit wind turbines.   These papers were also sent to the Republican candidates and a few other people as well.  I asked they be sent to the Comp Plan Committee as well. Some on the the Zoning Committee outright rejected the discs with these papers on them.  Their excuse being they didn't like me or my approach, or things I had said about the committee or town officers, and their stand on wind.  I didn't realize the input was based on who they do and don't like or that it was a valid criteria for taking input. 

After seeing a comment on the CV blog JLL by a person named  "KC" asking questions about our current comp plan and zoning (questions that will be addressed in these papers) I have decided to post both these papers here on my blog that were originally sent to the committee.  In addition they will explain my stance and that of the others who agree with this approach. 

 And contrary to what you read else where, we have thought this through in great detail.

Keep in mind they were written before the new board was in place and before the recent zoning efforts if some comments about the old boards and site planning seem out of place.

To keep this in a logical sequence we will start with the Comp Plan analysis first since any zoning must be "in accordance with" the Comp Plan.  So it is logical to examine the Comp Plan first to see what it says.  These papers are a bit long, but if you are serious about the new efforts on land use in CV they should be considered. 

Introduction and Summary

A thorough reading and understanding of the two important primary land use documents of the Town of Cape Vincent clearly outlines a direction in land use that is grounded in the following principles:

• Promoting the small quiet, rural, agricultural, charming Town atmosphere.
• Preservation of scenic resources for the benefit of stable and responsible residential and seasonal home development, and protection of tourism and economic assets.
• Preservation of the historical quality of the town which is highly correlated to scenic preservation, with the Tibbets Pt. Light the iconic example.
• Preservation of the environmental resources of the Town and region.
• Preservation of the traditional zoning protections of the health, safety, and welfare of the community.

    The Cape Vincent Scenic and Historic Tibbets Pt. Light

This scenic iconic Cape Vincent view has been dramatically altered

 by industrial wind development on Wolfe Is. Canada. 

                                 Photo by Rollin Hanson

The photo above is an example of how long term land use planning and zoning decisions have dramatic implications that carry far beyond the boundaries of the intended regulations. Our land use plans need to take into account the stewardship of our scenic region. Industrial wind turbines, due to their overwhelming scale in the landscape, do not conform well to traditional zoning practices and land use plans.

I believe that due to the regional distribution of our treasured scenic and environmental resources and our important location adjoining those resources that we have a responsibility of stewardship to the region and beyond in adherence to our existing well crafted, environmentally oriented land use policies.

As a result I believe a strong case can be made that our Comprehensive Plan and the language of our Zoning ordinance, particularly under zoning Purpose, do not support industrial wind energy development. Nor do they endorse any development with such wide ranging impacts that would encompass the entire town to a level of significantly infringing on, and changing, its basic character, which the community and region have been accustom to and depended on economically for many decades.

The Supporting Argument

The two land use documents referred to in these papers are:

Ø      The 2003 Cape Vincent (CV) Joint Village / Town Comprehensive Plan. (Plan)

Ø      The 1998 Revised Cape Vincent Zoning Ordinance as it exists currently. (Zoning)

It is my view that these documents alone would prohibit any development on the scale, or magnitude, or with the negative impacts, of the current industrial wind energy proposals put forth by BP, and Acciona, however, this is not exclusive to their projects.

Comprehensive Planning per NYS Town Law

First let’s view comp planning in the larger perspective.  Article 16 Sec. 272-a of NY Town Law provides for comp planning as a responsible pathway to community development and long term protection.  NYS recognizes in its NY Town Law that significant power is granted to NY municipalities through comp planning and zoning to protect, not only the municipalities, but the region and the State itself. 

§  272-a. Town comprehensive plan. 1. Legislative findings and intent.

  The legislature hereby finds and determines that: a) Significant decisions and  

actions  affecting the immediate and long-range  protection, enhancement, growth and development of the state and its communities are made by local governments.(b) Among  the  most important powers and duties  granted by the legislature  to a town government is the authority and responsibility to undertake town comprehensive planning and to regulate land use for the  purpose  of  protecting the public health, safety and general welfare of its citizens.

This is a substantial responsibility that should not be ignored, neglected, or abused. NYS recognizes that a carefully crafted long range plan is essential to protect against short term zoning actions or reactions to benefit the few at the cost of the many and to ensure the stability of a community over time.  Comp planning is voluntary in NYS, and the resulting document in itself is not a law.  However, once undertaken and adopted it has real legal implications, backed by legal challenges and case law in supporting the process, not only in NY, but nation wide.

The legal implications appear in the additional

 language of NYS Town Law on comp planning .

11. Effect of adoption of the town comprehensive plan. a) All town

land use regulations must be in ACCORDANCE (MY EMPHASIS)  with a comprehensive 

plan adopted pursuant to this section.(b)  All  plans for capital projects of another governmental agency on land included in the town comprehensive plan adopted pursuant to this section shall take such plan into consideration.

Note that even another governmental agency with intent to develop in a town must consider the comp plan.  

Illustrations below from various NYS tutorials on comp 

planning or from various law schools, or attorney papers on the subject.       

Consider part of the NY court’s decision on comp planning

 in Udell v. Haas from Nassau County , NY.   It appears very

pertinent to Cape Vincent. Underlining and emphasis mine.

We hold that ordinance No. 60 is invalid with respect to the east parcel as well as the west parcel. We have concluded that the rezoning was discriminatory and that it was not done "in accordance with [the] comprehensive plan" of the Village of Lake Success (Village Law, ? 177). In our view, sound zoning principles were not followed in this case, and the root cause of this failure was a misunderstanding of the nature of zoning, and, even more importantly, of its relationship to the statutory requirement that it be "in accordance with a comprehensive plan.” Zoning is not just an expansion of the common law of nuisance. It seeks to achieve much more than the removal of obnoxious gases and unsightly uses. Underlying the entire concept of zoning is the assumption that zoning can be a vital tool for maintaining a civilized form of existence only if we employ the insights and the learning of the philosopher, the city planner, the economist, the sociologist, the public health expert and all the other professions concerned with urban problems.

This fundamental conception of zoning has been present from its inception. The almost universal statutory requirement that zoning conform to a "well-considered plan" or "comprehensive plan" is a reflection of that view. (See Standard State Zoning Enabling Act, U. S. Dept. of Commerce [1926].) The thought behind the requirement is that consideration must be given to the needs of the community as a whole. In exercising their zoning powers, the local authorities must act for the benefit of the community as a whole following a calm and deliberate consideration of the alternatives, and not because of the whims of either an articulate minority or even majority of the community. (De Sena v. Gulde, 24 A.D.2d 165 [2d Dept., 1965].) Thus, the mandate of the Village Law (? 177) is not a mere technicality which serves only as an obstacle course for public officials to overcome in carrying out their duties. Rather, the comprehensive plan is the essence of zoning. Without it, there can be no rational allocation of land use. It is the insurance that the public welfare is being served and that zoning does not become nothing more than just a Gallup poll.

Now that you have the basic premise of comp planning in NY law, let’s explore our own CV Comp Plan. Let’s review some of it’s language.  In overview, it would be difficult for a reasoned person to conclude that the Plan is not a document designed to protect the bullet points in the Summary and Introduction above.  The thrust is to preserve the community atmosphere substantially as it is today but with a vision for expansion and growth that is responsible and compatible to the bullet points above.

Indeed, the reader needs only a short look at the cover of the Plan to understand what the thrust of the plan is likely to entail.   The eight photos on the Plan’s cover sheet are entirely focused on the scenic nature of the Village and Town, as is the first picture you encounter on page two, a scenic peaceful residential street in the Village, a view toward the River on a lazy summer day. A view I think most would agree accurately expresses the general feeling of the Town and Village atmosphere.

Above this image is the Plan’s vision statement:

“Protect the integrity of Cape Vincent’s small town atmosphere while allowing for compatible residential and commercial growth.

As with many vision statements, this one allows for considerable interpretation. A detractor might immediately say, “What is compatible growth?”  However, as you explore the document further in detail it becomes evident what is intended as compatible growth, starting with the fact that commercial growth is mentioned, but not large industrial scale growth, whether it be a large dominant industrial manufacturing facility, or an industrial sized utility or independent power producer. It is also important to point out that the reference to commercial growth, by common sense, and a look at CV’s current commercial direction, implies retail, small businesses, light small compatible non invasive manufacturing, or light small semi-industrial uses that could be easily mitigated and segregated by traditional district zoning methods.  In fact, on page 32, which I will discuss later, the Plan discourages utilities.

 In addition if one explores the Goals and Objectives section, pages 50 – 57, nowhere is it implied that a large industrial development should be encouraged, especially one that would impact virtually every zoning district in the community by direct or indirect impacts.  The very first goal states:

“Maintain the small town quality of life that makes CV a desirable place to live and raise a family”.

Compatible growth is further defined through language in goal two stating:

“Further develop the tourism industry by encouraging more long term vacationers and day visitors to the community.”

As one reads further searching for evidence and clarification of compatible growth

One sees the obvious intended direction in the language of the plan is to encourage responsible growth that reinforces the theme of, seasonal home and  residential development, and low impact commercial growth, which in addition supports the traditional tourism, small business and agricultural base of CV established for decades.

 It clearly does not provide for any wide spread invasive industrial uses, nor is this the intended meaning of compatible growth.  It really takes nothing more than common sense and an understanding of CV as it is today, and its recent history, to understand the Plan’s growth intent. In fact in this Plan, of the 60 numbered pages there are approximately 40 language references, plans or pictures that support the theme of small, town, rural, scenic or historic character of the town.  It is significant that this, averaged out, equates to more than one reference every other page to this theme.  This clearly sets the intended direction of the Plan, and how it will relate to our Zoning. The proposed community projects as well are clearly oriented toward support of the tourism, quaint small town theme.

More specifically under Goal # 1 is Objective 3:   Preserve and enhance views of and public access to scenic resources. In fact strategy 1 for this objective is…The Town and Village should review current land use regulations to ensure protection of scenic resources.  More very clear specific evidence of what the Plan intends for the community. Large industrial wind complexes would be in direct conflict with these specific goals, objectives, and strategies. 

On page 32 of the Plan there are rather specific references as to how the development of Area # 8 should proceed.  This is a critically important page in this document. Area 8 consists of the bulk of the Agricultural District, as well as where the bulk of the industrial wind proposals are to be sited.  This page outlines things to be encouraged and discouraged in future development considerations for this area.  First consider that although comp plans are designed to be flexible with flexible language, this particular page is rather specific in its intent and suggestions.  See below.

The specificity on this page is evident in the language to discourage towers, and utilities, as well as to encourage minimum impacts on such things as scenic natural vistas

and working landscapes.  Essentially to preserve these areas as they are currently.

 And the reader should be reminded that the authors of the Plan are not referring to the Lake and River vistas alone which are the obvious scenic resources of the town and State, that are the prime tourism draw, but the interior agricultural and natural vistas, thereby recognizing their importance and significance to the overall scenic quality of the town and region.   The following photos represent classic examples of Cape Vincent’s superb interior scenic resources which are now threatened by industrial wind development, yet should be protected by the overall theme, and particularly page 32,  of the of the Cape Vincent Comp Plan. 

     

Let us as citizens of Cape Vincent, and the stewards of

this town and region  be very clear about what the long range intent of the Comp Plan  is  protecting, and what it is we could potentially be giving away for decades. Although important, it is not exclusively about the CV shoreline views and resources.

All photos taken by the author of this paper and are copyright protected.

         

   Wood Farm from

McKeever Rd.

         Propose Site of the Acciona Industrial Wind Complex

                                

Flowering Field Along

Hell St

.

        Proposed Site of the Acciona Industrial Wind Complex

                                                                         

        Field in Evening Light,

Millens Bay Rd.

     Proposed Site of the  BP Industrial Wind Complex

                 

                                                       

July Moonrise Over Woods and Fields,

McKeever Rd.

Site of the Proposed Acciona Industrial Wind Complex

Flowering Field  Along

Mason Rd.-

The Proposed Site of the Acciona

Industrial Wind Complex, Bordering the Proposed BP Industrial Wind Complex   

Fall Colors, The Historic  St. Lawrence Cemetery on County Rt. 4 at

Cemetery Rd.

           

  

                                                  Fall Colors Along

Swamp Rd.

                                    Site of the  Proposed BP Industrial Wind Complex

         

                  Hay Bales Along Rt. 12E Near Millens Bay and Millens Bay Historic Church.

                                   Site of the Proposed Acciona Industrial Wind Project

                Sunset Thunderstorm and Flowering Field,  

Millens Bay Rd.

            In the Heart of  the Proposed Acciona Industrial Wind Complex

                     

                                          Height of a Summer Day, Wood Farm,

McKeever Rd.

                                              Site of the  Proposed Acciona Industrial Wind Complex

Fall Storm,

Millens Bay Rd

at

Mason Rd.

.

Heart of the proposed Acciona Industrial Wind Complex

                                                        
Flowering Field,

Millens Bay Rd.

Site of the Proposed BP Industrial Wind Complex

     Much of the scenic focus in the Town and Village is on the scenic water resources.  The CV Plan clearly recognizes this resource which draws permanent residents as well as thousands of season residents and tourists.  It is a fact that a large majority come to this area to recreate near or directly on the water. A major entrance to the Town and Village is via ferry from Wolfe Island. Visitors entering CV by this mode of transportation receive a spectacular panorama of nearly all the CV River shoreline as well as much of the land as it rises away from the shore toward the interior.  In addition several residentially developed islands in the township have similar views over a large expanse of water, as does much of the Canadian Wolfe Is. The Plan strives to protect this treasured scenic resource as well as the towns land based scenic resources.

Due to large open panoramic expanses of flat water, any development along the shore or even inland, particularly if it is a tall structure, creates a magnified vertical effect that is somewhat muted when on land by other vertical components of the land like hills and trees, and even other towers, poles, large buildings or silos etc.  In fact this is a visual trick often used by wind developer’s visual simulations to alter perspective, and thus the impact of the overwhelming vertical dominance of modern wind turbines. In one sense the protection of scenic resources looking inland must be even more carefully considered, considering the importance and sensitivity of the water veiwshed towards or away from the CV shore. The challenge to protect these resources is greater as well.  The Wolfe Is. Wind Farm is a prime example of the destruction to important regional viewsheds, since these turbines can be seen from many many miles over land and even more so over the water, including the flashing aircraft avoidance lighting at night.

 Also consider that the view of a tall wind turbine from the water is exaggerated due to the topographic rise from the water to the inland turbine base which might be 100 ft or more.   I believe the protection of the scenic viewshed over water is addressed directly and indirectly in our CV Plan, and we must be extremely careful of the water viewshed both inward and outward. For example the panoramic viewshed over water of people along the south shore of Carleton Is., a CV island, will be very heavily impacted by both proposed wind developments in the CV interior. If the Plan strives to protect scenic resources from a land based perspective, it is even more critical that it provide those same protections to water based users, island residents, or onshore residents with a direct or angular view of the CV shore, because of the heavy emphasis on the town’s overall scenic quality which would include all its water resources and viewsheds. If the Comp Plan is contrary to industrial development on land, then it would be at even greater odds with this development viewed over water viewsheds.  Support of the plan for these residents and users is essential for responsible long term land use management, particularly with regard to the scenic water resources that define much of the town and regional scenic character.

Below are examples of CV’s prime water veiwshed resources, the spectacular beauty which is the central focus of the Town and Village and critical to its economic vitality, peace of mind, and quality of life of all visitors and residents. The Plan’s references to the preservation of scenic beauty encompasses this resource.  Any development, wind or otherwise, that constitutes a threat to this spectacular community and regional resource is in direct conflict with our Plan. It is therefore the responsibility of all CV public officials to adhere to the scenic resource protections set forth in the CV Comp Plan. It would be reckless and irresponsible to do otherwise, when the public is so clearly in support of these resources, evidenced by their vote of choice to reside, visit, and return here in large numbers.

               

       

The impact of industrial turbines over water, Wolfe Is.

Wind development, or any similar industrial scale development, comes into

 direct conflict with our Com Plan and the scenic protections it provides.

The Wolfe Is. Wind Farm impact on CV’s

prime scenic resources as seen from the

Dablon Pt. Rd.

, a high quality residential area.

Public Support For Comp Planning And Its Intent

On page one of the Plan it explains a 1992 survey carried out by the CV Development Council. It says “…79% of the people surveyed stated they would support the creation of a long range comprehensive plan for managed growth.”  It is doubtful if these same respondents would support the dramatic shift of character of the community in approximately a years time, from its current atmosphere, to one of wide spread development that would impact the entire town and its current scenic nature.  Is there evidence to back this claim?   Yes, another survey was conducted of residents at a drop in session where 23 surveys were collected.  The survey asked people to rate various quality of life issues in CV. 5 being essential to 1 being not important.  Natural beauty of the area scored  4.8 out of 5 as and essential character…not simply important, but essential Although this was a small and limited survey, I believe from my experiences in CV and interaction with its citizens that this would hold true with a much larger population sample.  The implications here are that not only do a majority of people surveyed support long range planning as a responsible land use approach.  They seem to imply that preservation of the scenic beauty of our area is essential to the quality of life here.  Once again, large wide spread dominant development that is contrary to these qualities would be in direct conflict with many residents of the community.  This also makes the claims by wind developers, that we simply have to get used to the visual impacts of wind development very frail. The top complaint registered about wind farms according to NYSERDA is the visual aspect. It is the one thing developers know they must quickly marginalize among the numerous public objections.   A well crafted document like our Plan, with its scenic preservation themes, can become a significant stumbling block to wind developers and their zoning desires.

Without a Comp Plan?

Even without an established comp plan, a trend of zoning actions, zoning laws, maps and 

other documents can provide the courts with an example of a land use trend during a legal challenge to zoning.  Just because a community chooses not to adopt a plan does not relieve it of the responsibly of long range planning and consistent land use.

Quote from a NYS tutorial on comp planning:

“ Where a locality does not adopt a formal plan the courts will look to all relevant evidence of comprehensive planning to determine if a challenged land use regulation meets the “in conformance with requirement”

Even without a formal plan, a look at our own CV Zoning, especially under Sec 115 under Purpose, and district maps, would provide ample evidence to support the premise that the town development trend has been one of preserving small town qualities and scenic and environmental resources, and would preclude wide spread unmitigatable  industrial wind development.  In addition, even outside government entities are

required to consider a town’s comprehensive plan in their development requests.

Support for the Comp Planning Process

As I have already shown, there is ample support for comp planning directly from NY statutes and local citizens.  Jefferson County also is a stake holder in local comp planning and zoning process, and realizes these things should not happen in a zoning vacuum.

Following are portions of a fax from Jefferson County Community Development Coordinator Mike Bourcy to the Town of CV directly addressing concerns about wind development zoning under consideration in CV in 2006. He expresses concerns that any wind zoning being in compliance with NY law where zoning must be in accordance with the CV Plan.  He later expresses concerns that wind zoning should not proceed without a specific wind amendment and not under site plan review alone.

                           A Pro Wind Position – NYSERDA’s Support for Comp Planning

From Their “Wind Power Tool Kit “for Communities

Wind Energy Development and the

Comprehensive Plan

Introduction

Comprehensive planning is key to the development of local wind energy resources.

About 64% of New York municipalities have adopted comprehensive plans to guide

their communities’ future growth and development. Comprehensive plans allow

municipalities to envision the kind of future they want and put together a strategy to

achieve it. That strategy is then carried out through a community’s zoning ordinance and

other implementing measures. New York communities that use zoning must base that

zoning on an adopted comprehensive plan. When local zoning is challenged, courts will

look to a community’s comprehensive plan for guidance on the rationale for and intent

behind local regulations. All of this lends real weight to the critical role of the

comprehensive plan in harnessing wind energy for the future. Community planning is a proactive tool because it anticipates and prepares for, rather than reacts to, potential future opportunities. It works in any community’s favor because it can be used to manage development in growing areas, attract development to slow growth areas, and preserve open spaces. One of the important roles of the comprehensive plan is to identify natural resources that can be managed in ways that will benefit the community as a whole. Communities that lack comprehensive plans and are unprepared for change may miss critical opportunities to direct changes according to a larger community vision.

More info on this case:

http://www.kscourts.org/cases-and-opinions/opinions/supct/2009/20091030/98487.pdf

There are a couple things of note. Aesthetics were used as a part of the argument to ban wind development in Wabaunsee County since it encompasses the scenic Flint Hills region of Kansas, not unlike the conditions in CV where significant scenic resources are at stake and our Plan is recognizing them and attempting to bring forth long range protection.  However, there is the remaining constitutional challenge as well. I don’t think we should shy away on those grounds.  I would recommend advice and help from Community Environmental Legal Defense Fund (CELDF) and their Democracy Schools as a way to address the constitutional challenge IF it occurs, since the community’s constitutional right to prohibit certain developments in favor of the community is their specialty.

The CV Plan and the Acciona BP Wind Energy Proposals

Now that we have reviewed comp planning in general, and the CV Plan specifically, let’s examine the Acciona and BP wind development proposals.  Although there are a number of issues that would be at odds with the CV Plan, I am focusing here on the aesthetic

considerations and their inability to reconcile with our Plan’s scenic preservation and environmental themes.  The following are quotes directly from both Acciona and BP from their respective DEIS SEQR documents concerning the visual impact to CV and the region.

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.

BP Cumulative Assessment

The cumulative effect of the adjacent St. Lawrence and Cape Vincent Projects would

be very much the same as if either project were essentially doubled in size. On a

regional level, the effect of the four wind projects will be to create a continuous swath

approximately 25-30 miles east to west ,from Evans Mill all the way onto mainland

Canada, where wind turbines will be ubiquitous.

Surprisingly, I would say these are honest assessments of the impacts. Even the developers appear to realize that they can not hide the impacts, nor would it be wise to spin the obvious. Reading the impacts emphasized above, and understanding the theme of our Plan, there is no question they collide head on, and the differences are not slight or subtle. Note also the regional cumulative visual impact is excessive, which does not include many of the new land and lake proposals in both Canada and the U.S., which essentially changes the essence of our region from one of treasured scenic resources, supporting residential and season home growth and a traditional tourism economy, to one of wide spread wind industrialization.  This is a monumental environmental transformation, of our region, not just a few localities supporting local wind development to enhance a minority of land owners and municipal treasuries.  Our Plan has no basis to support this type of development capable of significant and staggering regional environmental change.  In fact this is what the CV Plan, and likely other local municipal plans, are trying exactly to prevent.  If the regional on shore and off shore wind development plans are carried to fruition, we are talking about staggering environmental changes, similar to the significant and iconic Western environmental battles to prevent destruction to the Grand Canyon from rampant dam building, or saving the California redwoods, or Hetch Hetchy Canyon near Yosemite N.P. etc.  We now have the perspective of time to understand those environmental efforts and their significance.  We face no less right here in our region with rampant wind development and the perspective is clouded from the chaos of our position central in the issue. We must use long range land use plans to be responsible environmentally as citizens and divert this unreasonable onslaught. Think of us from history’s perspective.

                  

        

             The Wolfe Is. Wind Farm directly across the River from Cape Vincent

on almost identical topography.  This can be used as a relevant example of

 the proposed condition in Cape Vincent after industrial wind development.

The language and intent of the CV Comp Plan does not allow for this type of

wide spread dominating development, and the dramatic  resulting character

changes to our community. Without being a direct party to this development,

CV has already been forced to deal with the negative impacts of this irresponsible land use decision well beyond its borders or land use regulations. Locality driven land use decisions are facing tremendous challenges with the siting of modern industrial turbines.  This land use is so wide spread, invasive and overwhelming in its impacts that a prohibitive ordinance now has to be one seriously considered alternative beck by our Com Plan, especially where unique and sensitive scenic resources are at stake, and are at the root of a local or regional economy, like tourism, seasonal home, and highly preferred permanent residential development. Our well crafted Comp Plan can be the basis for this prohibitive alternative.

CV Comp Plan in Conclusion

It is my belief from the evidence provided above, that the language and intent of our current CV Comp Plan is in complete conflict with industrial wind development locally and regionally, and is a reasonable basis in law to apply a necessary prohibitive ban on industrial scale wind development in our community, or any similar scale development.   I believe it is a rational stance based in NY Town Law for public officials to support..  It should not, nor does it need to be defined as only an anti wind or “NIMBY” position. It is a responsible position against any form of development that brings such wide spread impacts and character changes that threatens the traditional ideas of zoning such as the health, safety, and welfare, and the long range scenic, environmental, and economic vitality of our communities.

Now more than ever in our community’s histories has it been more important to stand behind rational and responsible long range planning ideas already in place to protect our communities and our region’s resources from rampant development.  This is paramount, especially since we are the stewards to some of  NYS’s most treasured scenic and recreational resources.