A Public Hearing before the Zoning Board of Appeals of the
Town of
The following members were:
Present: Jay Peters Absent: None
Kurt Allman
Leigh Furnal
Ernie Norton
Bruce Akins
Also in attendance: Chip Bailey, Loren Pruskowski, Don Sewilo, Bill Bishop, Ken Vandewalle, John Noto and Stephen C. Haywood, Assessor/Bldg. Inspector.
The minutes of the meeting of December 23, 2004 were submitted for approval. A motion was made by Ernie Norton and seconded by Bruce Akins to approve as submitted.
The following Notice of Action was submitted for approval.
Appeal No. 689 James Hayslip. A motion was made by Kurt Allman and seconded by Bruce Akins to approve as submitted for approval
The first appeal to be considered was:
Continuation of Appeal No. 688 Charles Bailey Jr.,
Mr. Chip Bailey was present to address the board, as was Mr. Loren Pruskowski from Sustainable Energy Developments. Chairman Peters stated that a draft ordinance has been drafted and no final ordinance has been passed. Chairman Peters and the board members reviewed the Town Board minutes from January 11, 2005 regarding wind -powered generators.
Chairman Peters questioned if the wind- powered generators could go in any zone. Mr. Bill Bishop stated that he thinks the use of the word commercial is not good verbiage, the word commercial pertains more towards wind farms. Loren Pruskowski stated that the word commercial means that electric is sold wholesale. Mr. Stephen Haywood stated that nothing has been passed for an ordinance. Mr. Bishop stated that none of his remarks would change what Mr. Bailey would like to do. Loren Pruskowski stated that this project was applied for before the moratorium went into affect. Chairman Peters stated they would like an ordinance in place so they have some set guidelines to follow. Chairman Peters asked that a letter be sent to the Planning Board asking them to address the question regarding distance from a new structure that may be built, pertaining to Section 160-5, Paragraph D, as that section only refers to pre-existing structures.
Discussion ensued.
Mr. Stephen Haywood stated that the Zoning Board of Appeals could grant a use variance for an unspecified use, because right now the tower is an unspecified use. Leigh Furnal asked Mr. Loren Pruskowski: If there are no set guidelines in the town code, then what would you go by. Mr. Pruskowski stated that he would go by the industry standards.
Discussion ensued among the board.
Chairman Peters stated that there are no guidelines, if there are no guidelines then things can get out of control in a hurry. Bruce Akins stated that if the variance is granted then the applicants have to go by the proposed ordinance. Leigh Furnal stated how can you vote in favor for a variance when there is no ordinance. Stephen Haywood stated that the board could condition a use variance.
Discussion ensued.
Mr. Loren Pruskowski stated that Mr. Bailey and himself
would like to order the turbine this month because it takes six to eight months
to come from
Mr. John Noto asked if a public hearing on the proposed ordinance should be held before the variance is granted, as he thinks it would be pre-mature to grant a variance, because there are no regulations for the tower.
Discussion ensued.
Mr. Loren Pruskowski stated that a geo-technical study has to be done to see how far down a footer has to be. Chairman Peters asked what would happen if the site won't support the tower. Mr. Pruskowski stated that the base would have to be spread out wider.
Discussion ensued.
Mr. Don Sewilo stated that the board cannot ask Mr. Bailey to commit to something that he can't follow in regards to a final approved ordinance, when he won't know what is stated in that. Mr. Sewilo also asked if kids would be able to climb on the tower if they tried. Loren Pruskowski stated that there are no pegs on the tower,, that you would have to have a special belt around yourself and the tower to climb it. Mr. John Noto asked if the reason why they are here is so Mr. Bailey could order the tower, and that he thought there was supposed to be a set date that the ordinance was supposed to be formulated by. Chairman Peters stated that there was no set date the ordinance had to be in place.
Discussion ensued.
Mr. Charles Bailey stated that this is a very important project for his farm and that he has been working on getting this project together since 2001.
A motion was made by Ernie Norton to grant Appeal No. 688 for a use and height variance to allow construction of a thirty kilowatt wind powered generator with the following conditions: Mr. Bailey must follow the Planning Board's draft ordinance, dated January 3rd, 2005 as a guideline, and if the tower can not be put on the proposed location he will have to come back to the Zoning Board of Appeals for site plan review, and the height can not exceed one hundred feet from the ground to the center of the hub. Bruce Akins seconded. Upon roll call of vote there were three votes in favor and two no votes and the variance was granted, based on:
a.) Strict application of the Ordinance would produce undue hardship because: anything higher than forty-nine feet needs a height variance and a wind-powered generator is currently not a permitted use.
b.) The hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district, because: there are no other wind-powered generators.
c.) The variance does observe the spirit of the Ordinance and would not change the character of the districts, because: it will be minimally visible and will blend in with the area.
Intra Board
The board members did a quick review of the proposed site
plan for the
Due to three out of the five members having other commitments for the February twenty-seventh meeting, the members would like to change the meeting date to February fifteenth. A motion was made by Leigh Furnal to move February's meeting to February 15, 2005. Ernie Norton seconded. All were in favor.
There being no further business a motion was made by Ernie Norton to adjourn the meeting. Kurt Allman seconded the motion. The meeting was adjourned at 9:50 P.M.
Respectfully submitted,
Teri Augustine, Secretary
Zoning Board of Appeals