CLAYTON — Proposed wind zoning amendments, which called for stricter regulations on wind development in the town, were rejected by the Town Council Wednesday night with two "no" votes — by Supervisor Justin A. Taylor and Councilman Donald I. Turcotte.
By rejecting the proposed changes, which were based on the Clayton Wind Committee's recommendations calling for expanded setbacks and a stricter cap on noise levels, the town is keeping its current law — which includes setbacks of 1,250 feet from residences and 500 feet from public roads and nonparticipating property lines. The law would allow 56 turbines to be erected in the wind overlay district. Under the changes, only three or four turbines would have been allowed.
The decision came despite a majority vote in support of amendments to the existing zoning law — by councilmen Robert W. "Bobby" Cantwell III, Lance L. Peterson and George E. Kittle — because a supermajority vote was required to pass the changes because of a protest petition filed by Supporters of Horse Creek Wind Farm.
Mr. Taylor said the town has verified that the petition included signatures from property owners of more than 50 percent of the land in the 11,095-acre overlay district.
Under Town Law Article 16, Section 265, a zoning change must be passed by a supermajority, or four out of five votes, if a petition contains the signatures of the owners of 20 percent of the land affected by the proposed change.
"The visual acceptability of these machines would be something new that we must deal with. But we all must deal with change during our lives," Mr. Taylor said, comparing wind development to the introduction of power lines and cell phone towers to the community which were also contested by the public in the past.
He said a recent review by the Jefferson County Planning Department found that the proposed zoning amendments "would eliminate the entire proposed project."
"Personally, I see more positives than negatives," he said, arguing that the proposed wind farm project would create jobs locally and that it would bring millions of dollars to the town, fire districts, school and county through a payment-in-lieu-of-taxes plan.
The outcome of Wednesday's vote was upsetting to those who have for years opposed wind development in the town.
Cindy L. Grant said she attended numerous town meetings to convince the council that wind development was not right for Clayton and that she was "disappointed" with Mr. Taylor and Mr. Turcotte.
"Maple Ridge isn't getting their money, what makes you think we will?" she said. "Zoning laws are developed for protection of public health, safety and individual property rights. Zoning laws are not intended to provide accommodation or preferential treatment to individuals or businesses."
Mr. Taylor said the town could adopt laws that would require wind companies to reimburse town residents if they are unable to sell their properties at assessed value and additional laws to penalize wind developers for other issues.
Mr. Kittle, who voted in favor of the zoning changes, said he doubts that the town would be able to protect its residents from the acts of international corporations.
"I feel our community and the entire Thousand Islands region would be harmed beyond belief and that the short-term financial gain would not compensate for the negatives generated if we allow a project of this magnitude go through," he said.
The "small wind" zoning law, which deals with non-industrial wind turbines, was unanimously rejected Wednesday. Mr. Kittle said the council should take its time to develop a more comprehensive law that would protect residents who wish to erect personal turbines, as well as their neighbors.
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