GENESEE COUNTY PLANNING BOARD ZONING REFERRALS NOTICE OF FINAL ACTION

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1 GCDP Referral ID Municipality PAVILION, T. Board Name PLANNING BOARD Applicant's Name Referral Type Variance(s) Description: GENESEE COUNTY PLANNING BOARD ZONING REFERRALS NOTICE OF FINAL ACTION T-03-PAV-8-16 Review Date 8/11/2016 Rebecca Hackett Special Use Permit Area Variance(s) Special Use Permit and Area Variance to install a 153 ft. high, 10 kw wind energy system. Setback from public right-of-way Minimum required: 1,000 ft. Proposed: 294 ft. Setback to property lines Minimum required: 1,000 ft. Proposed: 247 & 252 ft. Location Zoning District PLANNING BOARD DECISION APPROVAL WITH MODIFICATION(S) 6359 Telephone Rd. (NYS Rt. 20), Pavilion Agricultural-Residential-1 (A-R-1) District EXPLANATION: The required modification is that the applicant obtain a waiver from the adjacent landowners. With this required modification, the proposed setbacks should pose no significant county-wide or inter-community impact. The Town may want to revise their setback requirements for wind energy systems to be dependent on tower height as this approach is more widely used (i.e. 1.5 times the height). August 11, 2016 Director Date If the County Planning Board disapproved the proposal, or recommends modifications, the referring agency shall NOT act contrary to the recommendations except by a vote of a majority plus one of all the members and after the adoption of a resolution setting forth the reasons for such contrary action. Within 30 days after the final action the referring agency shall file a report of final action with the County Planning Board. An action taken form is provided for this purpose and may be obtained from the Genesee County Planning Department.

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12 GUIDELINES AND CRITERIA TO SUPPORT ZONING APPEAL AREA VARIANCE In order to be entitled to an Area Variance, an Applicant to the Town of Pavilion must show by documentation in the record that the benefit to the Applicant from the proposed variance will not outweigh the detriment to the health, safety, and welfare of the community and the neighborhood, if the variance is granted. (See Town Law 267-b(3)). In making this determination the Zoning Board of Appeals shall consider the following factors, and the Applicant must respond to these questions with facts and circumstances and not merely repeat all or part of the questions. 1. Whether or not an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the Area Variance. Neighboring letters have been sent to abutting properties relative to Rebecca Hackett s property located at 6359 Telephone Rd. Pavilion, NY. 2. Whether or not the benefit sought by the Applicant can be achieved by some method, feasible for the applicant to pursue, other than an Area Variance. In order to keep the intended project economically sound for Rebecca Hackett, the wire run from the turbine to the point of interconnection is selected by keeping wire run length and wind availability in mind. 3. Whether or not the requested Area Variance is substantial. In order for Rebecca Hackett s turbine to produce the United Wind guaranteed kwh/year figure the turbine needs to be up and out of turbulent wind. The location of the turbine is analyzed through our Wind Analytics program to be sure the site of the turbine is the best fit for the customer. 4. Whether or not the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Small wind turbines emit no pollution at all. Small wind turbines pose essentially no risk to birds. The intended Bergey Excel turbine s rotor diameter is 23 ft. in length and is to be all white in color blending in with natural surroundings. 5. Whether or not the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the Area Variance. The alleged difficulty is self-created in the sense that United Wind is the one who sited the turbine in this particular location, but this particular location is essential to making the project work for both the customer and United Wind. 1

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16 04/20/2016 T-03-PAV-8-16