Posted with the permission of The Naples Record, originally published Wednesday May 20, 2009
Despite the intended protection provided by the town's zoning laws, Naples could be as vulnerable to potential industrial wind developers as the Town of Italy. Discussion at the Naples Town Board meeting on May 11 revealed just how inadequate the town's laws could be, should a wind developer prove interested.
Naples' town code currently prohibits industrial wind turbines within the geographic limits of the town, stating that "industrial wind turbine electricity generating facilities are not compatible with the Comprehensive Plan and general intent of the Zoning Chapter of the Code of the Town of Naples and are not conducive to the good health, safety or general welfare of the residents and property owners of the Town." (The code does allow turbines for residential and commercial purposes with appropriate setbacks and height restrictions.)
"Neither Prattsburgh nor Italy had zoning that could prohibit industrial wind turbines," said Supervisor Frank Duserick.
However, Italy did place a moratorium on wind development projects in 2004. The wind developer EcoGen sued, claiming - among other things - the moratorium was unconstitutional. The town won the case and went on to develop a strong anti-wind develop-ment stance to their comprehensive plan. EcoGen sued again, finally agreeing to put the suit on hold provided the town consider incentive zoning. With an incentive zoning agreement, EcoGen would essentially pay the town in order to go through with the project.
Italy, which spent $100,000 on legal fees in its first court bat¬tle and was threatened with additional legal expenses should EcoGen's suit continue, was basically "offered incentives to change their law," said Town Attorney Ed Brockman. Brockman, who also serves as attorney for the Town of Italy, was instrumental in proposing incentive zoning to its board.
Incentive zoning designates areas hi the town where wind turbines would be allowed and developers would provide financial incentives. The proposed zones in Italy encompass two locations in the southeast and southwest areas of the town.
"Could the same thing happen in Naples? Absolutely," said Frank Mueller, code enforcement officer for the Town of Naples. "Any law in the Town of Naples can be challenged. That's what happened in Italy."
Whether such a wind project is likely for Naples is another matter. "No one has expressed an interest in wind farms in Naples yet," said Mueller. "Naples has too many valleys - the wind doesn't blow at constant enough rates."
Naples resident John Cowley isn't reassured by the fact that no one is aware of any proposed projects for Naples. Numerous landowners in Cohocton and Prattsburgh signed leases with wind developers before the projects were ever officially proposed to the towns, Cowley pointed out.
"Does anyone on the board know of any leases and/or sales in the Town of Naples to industrial wind development?" he asked. "Will you tell the public of your knowledge of such sale or leases?" Such leases provide the developers with leverage against the town, he argued.
"Haven't developers pressured towns to change laws in their favor because they have leases signed and have an investment in the community?" Cowley asked.
Brockman agreed that it's difficult to know if there are any recent property sales to or current leases with wind developers in Naples. Should anyone choose to research this issue, he said, recent land sales can be checked with the county clerk's office. Leases should also be registered there, which guarantees a developer a continued lease with any new property owner in the event of a sale.
Cowley inquired whether as a method of improving the transparency of land transactions it was possible to require landowners to get a permit from or viewing by the town before signing a lease with an industrial wind developer. Brockman replied such a change could only be accomplished at the state level, and Duserick wondered who would champion such an effort.
Cowley also suggested the possibility of zoning setbacks for industrial wind turbines large enough to effectively shut out wind projects, but Brockman believed such setbacks were unnecessary because of the town's prohibition of industrial wind projects.
"It's a discovery for me that even though we have prohibitions in our code, we are still exposed," said Duserick.
"If someone proposes a turbine project for Naples and derides they want to go for broke, yes, we are," replied Brockman.
The town continues to seek a meeting with the New York State Attorney General's office to address problems with wind developers in Naples and surrounding towns. The board agreed to partner with the Finger Lakes Preservation Association (FLPA) in requesting that FLPA act as facilitator to arrange such a meeting.
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