Thursday, April 16, 2015

Hello Hounsfield - You Gotta Problem!



It is always instructive to look at a town’s comprehensive land use plan and compare it to the zoning.
 
 In Cape Vincent I have been to this rodeo many times!!!
 
The town I am referring to now is Hounsfield, NY, which could be the host to the resurrected Galloo Island wind farm.  The officials and some people in Hounsfield apparently think this is a bright idea!
 
But Hounsfield has a problem.  I have reviewed their comp plan and zoning.
The comp plan has language for preservation of rural character and scenic views, but nothing nearly as protective as the Cape Vincent comp plan.
 
In several places the Hounsfield plan addresses wind energy and appears to encourage it along with other renewables.
Below are a couple quotes from the Hounsfield comp plan.  This first quotes indicates a finding that alternative energy (including wind energy) needs relevant land use restrictions. 
B-5. Ensure relevant land use restrictions for the
following:
• Degradation of Environmentally Sensitive Areas
• Design Standards for Commercial Development
• Future Subdivision of Large Parcels
• Land Use _at Lowers Surrounding Land Values
• Land Use _at Adversely Impacts the Environment
• Minimum Lot Sizes
• Mobile Home Placement
• Siting Self-Storage Units
• Rental Housing Inspections
• Siting for Cell Towers
• Siting Alternative Energies
 
And  the results  from a survey done of  Hounsfield residents.
 
Respondents believe Hounsfield should have land use regulations for: design standards for commercial development (85.1%), degradation of environmentally sensitive areas (81.4%), clustering of homes (77.7%), siting for cell towers (75.9%), future subdivision of large parcels (75.6%), as well as regulations on land use that adversely impacts the environment, mobile home placement, siting for windmills, land use that lowers surrounding land values, minimum lot sizes, siting self-storage units, rental housing inspections, and routine septic inspections.
 
It sounds as if the drafters of the Hounsfield comp plan want to encourage wind energy, however they also have concerns about regulating  it through zoning.  The survey indicates the same concern about wind energy regulation and property values.
 
Now you must keep in mind that NYS requires by law  that if you develop a comp plan, then your zoning must carry out the intentions or vision of that plan.
 
The same town promoting the Galloo Island wind farm, and which mentions wind energy several times in their comp plan for development, and as something that needs proper control has absolutely no mention of wind energy regulation in their zoning despite those concerns in their comp plan!!
 
I could find absolutely nothing in their zoning about wind energy, positive or negative, or any regulations related to wind energy whatsoever…nothing!!!
 
So it appears Hounsfield has a problem, and I hope the anti wind people in Hounsfield or any potential stake holder impacted by this wind development pays attention!!
 
So when the Art. 10 people show up and Hounsfield starts promoting a wind farm on Galloo Island, they have a comp plan and zoning that are apparently legally contradictory on the issue, and no rational basis in their zoning for wind development or regulations to control it.
 
I’ll bet Bill Moore the developer for the Galloo wind project has figured this out.  
 
Just like Cape Vincent when the wind vultures swept in when we had no specific language in our zoning addressing wind development.  It was a wind developer gold mine.  It was why no wind zoning regulations were ever passed in CV until a whole new govt was put in place ejecting the old pro wind govt.
 
So if you oppose the Galloo Is. Wind development get the lawyers lined up and get them reading the Hounsfield comp plan and zoning!
 
BTW here is a quote from NY Town Law in regards to the comp plan and zoning relationship.
 
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.”

 

 

 
 
  

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