Why bother having zoning codes if the town denies a variance and the state reverses it?

Town challenging state ruling on Thompson Brothers turbine

by STEVEN JAGORD
Editor
New York State has intervened on behalf of a greenhouse owner’s fight to install a 13-story wind turbine on its Clarence property. And now the town is planning to challenge the state about it in court.
Earlier this month, the state Department of Agriculture and Markets reversed the town Zoning Board of Appeals April decision denying Thompson Brothers Greenhouse — at 8850 Clarence Center Road — a variance to the town’s height restriction of 60 feet for a turbine 133.5 feet tall.

4 Points Mentioned
Now the town is challenging the reversal and has retained the law firm Jaeckle, Fleischmann & Mugel to defend the town’s stance that Thompson Brothers shouldn’t be allowed a turbine that tall.
“Essentially, we will have to challenge the Agriculture and Markets decision,” Town Attorney Lawrence Meckler said. “They have decided the action taken by the Zoning Board of Appeals was not proper and therefore we should allow Thompson Brothers to put up the wind turbine. So now we have until July 31 to file an Article 78 against the state in Albany challenging the order.

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