When the new zoning law comes out soon there will be some important comparisons to be made with the old law to see where this is all going. I have included information on this in my zoning papers in the posts below.
One comparison will include the following language about the Planning Board and Site Plan Review authority.
Currently this actually puts the PB in a bit of a pickle when it comes to industrial wind development. Unless they change or ignore the language.
This language obviously allows the PB to DENY any project that can’t be mitigated. I don’t think it is rational by any stretch to claim that 400 to 500 ft turbines on flat glacial agricultural terrain, or viewed across large stretches of flat water can be mitigated. It’s absurd. Seems to me the planning board would have to use its denial authority to prohibit such an industrial wind project, even if it was only a few turbines if you look at this language. So will this strong protective language remain in the new law? Keep your eye open on this one.
In addition we must differentiate between mitigation and compensation. This is a point I agree on with our Planning Board chairman Dick MacSherry since I believe it was he who first brought it up.
Mitigation is actually reducing the impact in some acceptable way, which I believe with industrial wind turbines is impossible. Fact is the wind developers KNOW this and try all kinds of scams to trick you into accepting what is NOT acceptable, especially in a beautiful region such as ours. One trick is compensation to turn your head the other way. Like inane suggestions like a coat of paint on the lighthouse, a new clock on the firehouse, or a new fence around a cemetery. These things do nothing for the actual overwhelming and invasive visual impact. They are compensations, or more simply put you are being bought off to accept what is unacceptable. It’s a bribe. So don’t confuse this with actual mitigation. It’s a magic trick as well. And allowing 5 or 10 turbines pushed back, instead of 60 or 80 is not mitigation either.
So if the PB doesn’t deny something they know can’t be mitigated by saying it was mitigated by a new fence around the cemetery, then they have not fulfilled their protective obligation to protect the community, because some group of people is going to have to live with what was not mitigated, and these absurd compensations don’t even relate to them. So that is the first comparison to look for. And just because wind turbines have been considered utilities by our ZBA does NOT mean they can not be denied under site plan review.
Second, carefully look at what the current PB site plan review language says about any project being compatible with the general plan (comp plan).
Right now NO wind project of even a few 400 or 500 ft industrial wind turbines pushed back would be compatible with our current CV Comp Plan. So something has to give. Either the comp plan gets watered down, or the zoning law gets toughened up to support the existing or stronger comp plan. If our comp plan stays tough on the protection of scenic resources along the river and interior as it is now, and the zoning starts allowing even a few turbines, then you have a legal problem in that the zoning and comp plan are not in accordance. Please remember this language from NY Town Law.
Also that the zoning committee has assured us that the new zoning will be in accordance with the comp plan goals. So watch closely how this gets handled in the new zoning law and comp plan. It’s going to be an interesting magic trick since the zoning committee lawyer is saying he can’t defend a zoning law that denies something because of the way it looks. Also Mr. MacSherry is indicating there is no overlay zone for turbines but area of exclusion. Well in the is no overall prohibition, and some exclusion zones….then there must be some INCLUSION zones. If you start having even some areas for turbines, now you are going to potentially have some turbines and that runs you smack up against the zoning, comp plan in accordance problem. Unless of course they just ignore it, which would be exactly what the previous wind conflicted boards were doing. As I said, something has to give somewhere. This is going to get real interesting, and these are some points to watch very closely by comparing the new and old laws and comp plans.
11. Effect of adoption of the town comprehensive plan. (a) All town
land use regulations must be in accordance with a comprehensive
plan adopted pursuant to this section.
Also that the zoning committee has assured us that the new zoning will be in accordance with the comp plan goals. So watch closely how this gets handled in the new zoning law and comp plan. It’s going to be an interesting magic trick since the zoning committee lawyer is saying he can’t defend a zoning law that denies something because of the way it looks. Also Mr. MacSherry is indicating there is no overlay zone for turbines but area of exclusion. Well in the is no overall prohibition, and some exclusion zones….then there must be some INCLUSION zones. If you start having even some areas for turbines, now you are going to potentially have some turbines and that runs you smack up against the zoning, comp plan in accordance problem. Unless of course they just ignore it, which would be exactly what the previous wind conflicted boards were doing. As I said, something has to give somewhere. This is going to get real interesting, and these are some points to watch very closely by comparing the new and old laws and comp plans.
Finally there is the language in the old law to prohibit signs with flashing lights and moving parts. I think you can see where this leads. It’s completely absurd to have zoning protections for these types of signs which is obviously and aesthetic concern and then allow 500 ft wind turbines with flashing lights and moving parts that will significantly disrupt the visual quality of the entire town and surrounding region.. Now some will try to sell you that this is two completely different things. Not so. They would both be based in an aesthetic decision. So I would look at this comparison as well and start asking questions.
No comments:
Post a Comment