Approval of Wind Turbine - Document

Final Decision Regarding the Proposed Windmill
Planning Board, Town of Penfield, Penfield, NY

Regarding the application of Jason Monroe, Kreiling Associates, P.E., L.S., P.C., 6204 Slocum Road, Ontario, New York 14519/Douglas Stockman under Article IX-9-2 of the Code for preliminary and final site plan approval for the construction of one single-family residence and a Special Permit under Article XI-ll-7-12 for a windmill to be used for energy deriving purposes on +9.016 acres located at 1460 Marchner Road, 1395 feet west of Harris Road. The property also abuts Frawley Drive in the Town of Webster, is [was] owned by Paul and Gladys Miller, and is zoned RA-2. SBL#095.02-2-01.1. Appl. #98-10012.

Whereas, the applicant has applied for a Special Permit and Site Plan approval to construct a 105' wind tower for the purposes of power generation; and

Whereas, the application to be approved must be in compliance with Article XI-11-7-12 through XI-1 1-7-18 of the Penfield Zoning Ordinance;

Now, Therefore, Be It Resolved that the Board hereby grants APPROVAL to the special permit and site plan portion of the application to allow the construction of a 105' energy deriving tower and its appurtenances, subject to the following conditions:

1. The applicant shall obtain a Special Permit from the Town Clerk and pay the appropriate fee.

2. The applicant shall obtain a building permit from the Building Inspector and comply with all requirements for installation.

3. The applicant shall comply with Article XI-1 1-7-17 of the Code specifically relating to the installation of noise reduction technology if it is determined by the Planning Board that the tower system generates noise above the ambient nighttime noise levels at any property line.

4. Prior to construction of the tower, the applicant shall obtain the approval of the Town Engineer for a method to measure the sound levels both before and after the installation for enforcement of condition #3, above.

5. There shall be no co-location of any other facility on this tower, including but not limited to cellular communications antennas, television or radio antennas or similar facilities.

6. Any significant electrical or radio interference generated as a result of this facility shall be properly filtered.

The Board bases its decision to approve on the following findings:

1. The Board incorporates by reference, its findings contained in its resolution dated May 14, 1998, granting site plan approval for the house site.

2. The Board finds that the application complies with the requirements for the granting of a Special Permit and Site Plan approval, as outlined in the Penfield Zoning Ordinance and as indicated below:

XI-11-7-12 - The application for a special permit and site plan approval is herein approved by the Board subject to the conditions expressed below.

XI-1 1-7-13 - A review of this section indicates that the subject application is not exempt from seeking said special permit and site plan approval.

XI-11-7-14 - There is only one (1) energy deriving tower proposed for this site.

XI-11-7-15 - The permit application was deemed to be complete and in compliance with all requirements and was properly submitted to the Planning Board for review and approval consideration.

XI-11-7-16 - The standards for site plan approval contained in this section have been complied with as follows:

A. The tower is located in the rear yard of the property.

B. Guy wires are located more than 50' from the property lines, in excess of one half the height of the tower to any property line.

C. The base of the tower will not be visible from Frawley Drive, as it will be concealed by the proposed house. The base of the tower may be visible from Marchner Road, however, the tower is proposed to be located over 1,000 feet from Marchner Road. In the Planning Board's opinion, the 5" diameter pipe will not be significantly visible by the naked eye from Marchner Road, therefore, no additional screening will be required.

XI-11-7-17 - Ambient nighttime noise levels have been measured by both Town Staff and area residents. However, the Board acknowledges that violation of this section of the Code can only be determined once the tower is erected and in operation. The applicant has offered to install noise reduction technology, if the nighttime ambient noise levels are exceeded after installation. A condition to this effect has been incorporated into this approval

XJ-1 1-7-18 - The tower height is less than the maximum 150' height requirement of this section; and

Whereas, the Board also reviewed Article IX-9-3, Factors For Consideration for granting Site Plan approval, as follows:

A. No pedestrian or vehicular traffic patterns are applicable for this special permit and site plan approval for the wind tower.

B. There are no buildings, proposed lighting or signs associated with this request.

C. The existing treed hedgerow along the north property line will be minimally disturbed to accommodate the driveway and utility construction. The majority of the hedgerow will remain intact, providing adequate buffer from the closest residences located along Frawley Drive.

This, in the Board's opinion, provides adequate visual and noise buffering from the tower, located approximately 500' south of the hedgerow. No additional plantings are being required for buffering of noise around the tower, as newly planted trees would not be effective and the noise and visual impacts are not expected to be significant for a tower using a 5" diameter pipe structure and guy wire system that will be 500' from the nearest neighboring house.

D. This site plan approval does not involve an apartment house or multiple dwelling.

E. Storm water, sanitary waste disposal and public water facilities are not applicable under this special permit and site plan application.

F. The Board has thoroughly reviewed the potential impacts to adjacent properties through research, input provided by the applicant, input provided by neighbors, viewing the subject site, other sites with wind towers, Staff reports and review of the Code. It is the Board's opinion that the impacts associated with the wind tower have been mitigated to the maximum extent practical by its design, location and size. Noise and visual impacts have been addressed elsewhere in this resolution.

G. There are no sensitive environmental features on or near this site, other than the 100-year flood plain of Four Mile Creek. This tower will not impact that flood plain.

H. The Board has reviewed the 1990 Master Plan for Penfield, the Penfield Environmental Quality Review Law, State Environmental Quality Review Law, Penfield Zoning Ordinance, New York State Town Law and other applicable plans, policies and requirements and finds the subject application to be in compliance.

I. No structures, other than the tower, are requested as part of this special permit and site plan approval, therefore, drainage away from this tower is not applicable. The site plan for the residence has been reviewed under these criteria as well.

J. No maintenance agreements, easements or other legal documentation are deemed to be applicable to this special permit and site plan approval.

K. As previously stated, the Board has reviewed this application thoroughly and determined that there are no significant impacts on adjacent residences or land uses.

The Board acknowledges that some individuals may be deterred from choosing a location directly in view of a tower with significant visual impacts. However, the Board believes that the location, size and design of this tower is in full compliance of the Code, both literally and in intent. As a specially permitted use is established by Code, it is treated as a permitted use, once the review standards have been met. Therefore, the Board finds that this special permit complies with all review standards and is hereby treated as a permitted use.

L. The issue of impacts to birds has been raised to the Board. Specifically, what studies are available to address the impacts on bird mortality as a direct result of installation of energy deriving wind towers. The applicant alluded to one study done by Niagara Mohawk, but was unable to obtain a copy of it for the Board to review. However, several other sources of information have been received to indicate that there have been many studies done on conflicts between wind towers and birds. The most often referred to study area appears to be the Altamont Pass area near San Francisco, California, where relatively high avian mortality rates were being noticed, especially raptors. However, the significance of the impact must be kept in perspective. The Altamont Pass location is a "wind farm" housing over 6,500 industrial sized wind towers. Based on the data done in the Altamont Pass studies, it was determined by an author of one of the articles reviewed that "...bird mortalities range from 0.024 to 0.059 birds/turbine/year.'' (Home Power #46, May, 1995, article entitled Wind Generators and Birds: Power Politics?, by Mick Sagrillo.)

The Board also acknowledges that anytime you introduce structures into a natural environment, such as houses, towers, utility poles, etc., the potential conflicts with wildlife increase. The Board, however, believes that the potential impacts of the wind tower are minimal and not significantly more hazardous to avian populations than other human amenities, such as plate glass windows, automobiles and power lines, all readily accepted parts of our society.

M. The applicant is proposing a tower that will be a maximum of 105' tall. In order to minimize the visual impact, the applicant has selected a tower design that incorporates a 5" diameter pipe assembly that will require guy wires. Another option would be to house the energy deriving unit on a lattice tower that would be free-standing. However, in the Board's opinion, this will be much more visible. By maintaining the thin 5" profile and locating the tower 500' or more from nearby residences, the Board believes that the visual impacts will be minimal and there will be no significant adverse impacts on property values in the area. Farms have had wind mills for water sources for a long time. Barn silos on farms routinely are 100' tall or taller.

And Be It Further Resolved that the Penfield Planning Board has determined that this application is an Unlisted Action under the Penfield Environmental Quality Review Law and State Environmental Quality Review Act and that the application will not have a significant impact on the environment, as stated above, and in its resolution dated May 14, 1998. Therefore, no Environmental Impact Statement will be required.

VOTE OF THE BOARD:

Waiter Peter Aye
William Bachman Aye
Daniel DeLaus Nay
Alan Hanford Aye
Allyn Hetzke, Jr. Aye
Sandy Kyle Nay
Ross Schillaci Nay

The resolution was adopted.