Updated :1/30/2012
This year has brought positive change to Cape Vincent
Newly re- elected Supervisor Urban Hirschey has begun the process of updating Cape Vincent’s zoning law and Comprehensive plan.
The zoning law committee has been consulting with Jefferson County Planner Mike Bourcy on a rewrite of Cape Vincent’s Zoning Ordinance.
Cape Vincent’s Comprehensive Plan the blueprint for the physical development of our community is presently being updated and will be supported by the re- vamped zoning law.
The stated purpose of our current zoning law is, among other things, to encourage the development of land for its most appropriate use within the town, and to conserve and protect the rural, agricultural, and scenic resources of the Town... Specifically the intent of the Agricultural residential district is to promote all types of development in the interior portions of the town in a manner that protects the rural character and promotes active farming operations.
Industrial wind development does neither.
Cape Vincent’s current comprehensive plan concerning the area where the industrial wind projects are proposed, clearly states the uses to be discourages are "Location of towers, prisons or utility facilities where there [sic] impact would have a negative impact on scenic vistas and tourism assets" while at the same time, the uses to be encouraged are " Agricultural development that has minimum impact on important resources such as scenic natural vistas, working landscapes and tourism assets.
In September of 2002, the Comprehensive plan was updated so the village and town could revise zoning codes in a coherent manner and so the municipalities were not following an outdated development model from 1983.
Cape Vincent's Comprehensive Plan Committee set five goals:
(1) Maintain the small-town quality of life that makes Cape Vincent a desirable place to live and raise a family.
(2)Further, develop the tourism industry by enticing more long-term vacationers and day visitors to the community.
3) Improve the opportunities for employment in the community.
(4)Revitalize the downtown area into a healthy retail center.
(5)Enhance housing opportunities for all residents and income groups.
There was concern that over development could be potential problem, but one that could be avoided. Chair of the committee Michael J. Bourcy, community development coordinator for the Jefferson County Department of Planning said the town and village need not worry about development as much as attracting growing businesses to the area.
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The interpretation that the only legally defensible position is that Industrial wind turbines are not permitted under the comprehensive plan may not hold water.
Why we must develop a strong wind law.
A comprehensive management plan for a jurisdiction, such as a township or municipality, can be developed to serve as a guide to plan for future development, including prospects to develop wind energy. The subsequent zoning decisions must then be consistent with the municipality’s comprehensive management plan (Salkin and Donohue, 2005). Developing a comprehensive management plan to support zoning ordinances and community planning will help to identify and address community concerns about wind energy development early in the community planning process. Additionally, zoning ordinances specific to wind energy development may be developed in combination with or in lieu of a comprehensive plan for a jurisdiction.
However, although zoning ordinances can regulate development if adopted prior to project construction, even special zoning provisions may not necessarily entirely prevent wind energy development from occurring (Salkin and Donohue, 2005).
In some instances, other laws governing the zoning and use of private land may supersede the zoning ordinances pertaining specifically to wind energy development.
Agriculture operations in particular may be regulated under a specific agricultural law, which supersedes the zoning decisions that would ordinarily prohibit wind energy development in an area.
Many agricultural laws may have specific zoning codes promoting agricultural operations, including the construction of auxiliary wind energy facilities (Salkin and Donohue, 2005). For example, there are specific agricultural district laws in New York, which allow for wind energy development exploration and development, effectively superseding any local zoning ordinance, which may prohibit development (Salkin and Donohue, 2005).
In New York, zoning ordinances are superseded by the agricultural district law because it was determined that the zoning ordinance unreasonably restricted farm operations within the agricultural districts (Salkin and Donohue, 2005).
New York is also a state where high potential for wind energy development is observed in many areas statewide, as well as a state where wind farms have been and continue to be proposed on agricultural land.
In the end, the guiding principles laid down by a comprehensive plan and zoning law are meaningless if not respected and enforced by the representatives appointed and elected to t make decisions for the benefit of their constituents and community.
Link here to read Darrel Aubertine's Letter encouraging Board members to represent their special interests over those of the community at large.
Sources:
Wind Energy Development in the United States:Applying the Nuisance Argument to Address Impacts to Visual Values
Link here to read Cape Vincent Town Village ~ Comprehensive Plan 2003
link here to read Town of Cape Vincent Zoning Law
Watertown Times archives
7 comments:
Interesting post. A few observations. First of all the comprehensive Plan is not supposed to dovetail with the zoning law,you have this reversed,not an insignificant point.
Secondly, as you point out there are distinct agricultual districts in Jeff. county which enjoy exemptions from certain restrictions being applied to them. If you read the details of these exemptions it is quickly discernible that the intent of these exemptions is to not limit the ability of farms to engage in activites that promote farming. specifically the gowing of crops or raising oflivestock, among others which are generally acknowledged and accepted as agricultural endeavors. It is a considerable stretch to include industrial scale wind generation as a farming activity. This a manipulation of the intent of a special designation,not alot unlike the attempt by Rich Edsall,at the behest of Acciona and BP to designate wind turbines as utilities, just to take advantage of available land.Its only to obvious that if a special interest has enough resources and political clout behind it, it can influence even the most well intentioned process.
A well defined Comprehensive Plan,and a local government committed to achieving its community's goals, is the only defense against this sort of manipulation of the laws.
The extent to which Richard Edsall(and others) trampled on the town's comp plan and zoning laws is beyond description.
Even Edsall, as arrogant and dismissive as he was, could not have pushed things as far as he did without the backing of the town council.
You really have to stop and reflect for a second just how fully these people abused the power entrusted to them. It is breathtaking to think about.
I am not suggesting that a wedge that has divided the community should be driven in any deeper. But I am saying that those who were the ringleaders of a concerted and knowing abuse of power should keep their mouths shut forever and slink away into some dark corner and stay there.
Redemption should always be open to anyone who comes clean. But for those who continue to stand by their abuses as points of pride, they should be thought of and treated as the pariahs that they are.
And the citizen/voters of Cape Vincent should resolve, "Never again...never again."
How did Edsall get to be chair of the planning board anyway? What town board member were in favor of appointing him?
That happened back when I wasn't paying attention to such things. I am now.
Edsall also lost his teaching job. The next time you see him, ask him why?
January 27, 2012 1:17 PM
You are correct the zoning law should support the blueprint of the community the Comp Plan.
I was in such a hurry when I wrote this did not notice my error when editing.
Thank you for pointing it out.
''How did edsall get to be chairman of planning board?''
Rich Edsall is pretty smart,knew the zoning law inside and out, liked to be in total control of the situation, all fairly common attributes for a chairman.
To our misfortune, he also was diabolically clever,manipulative,unscrupulous,
power hungry,and and in the end,corrupt.
To our great fortune he also became stupid.
Supervisor Otis Radley, asked Edsall if he would consider being on the Planning Board. Subsequently Edsall was appointed to the Planning Board Jan.14, 1994
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