Cape Vincent, N.Y., proposed wind law unveiled

By Nancy Madsen
Watertown Daily Times, N.Y.
Aug. 21--CAPE VINCENT -- The town released the preliminary zoning law amendment for wind energy facilities this week.
Supervisor Thomas K. Rienbeck said Wednesday that the committee appointed by the board has not yet found a date to meet.
The committee includes Mr. Rienbeck, Michael J. Bourcy of the Jefferson County Planning Department, Councilman Mickey W. Orvis, town Planning Board Vice Chairman Thomas D. Ingersoll, Planning Board member George A. Mingle, village Trustee Robert G. Doud, Urban C. Hirschey of the Wind Power Ethics Group and Beth A. White of Voters for Wind.
The preliminary law was drafted by Whiteman, Osterman & Hannah, an Albany law firm with experience in wind farm laws.
Setbacks would be:
--750 feet from a lessor's residence.
--10 feet from a lessor's property boundaries.
--The greater of 11/2 times the total height of the turbine or 1,000 feet from a neighbor's property lines, schools, churches and public land.
--The greater of 11/2 times the total height of the turbine or 500 feet from public roads.
--1,000 feet plus 11/2 times the height of the turbine from Lake Ontario, the St. Lawrence River and the village of Cape Vincent. For a 400 foot turbine, this would mean a setback of 1,600 feet.
Previous proposals for windmill control laws in Cape Vincent allowed for turbines either 1,600 feet from the St. Lawrence River and Lake Ontario or 1,000 feet from the river district boundary, which would be 2,600 feet from the center line of Route 12E.
The law would allow noise up to six decibels above ambient sound level at neighbor's residences and 10 decibels above ambient sound level at a neighbor's property lines.
The law makes no mention of sound levels at the lessor's residence.
The setbacks proposed in the law are farther than those in some Jefferson County towns, but less than those in others.
Clayton's and Orleans' laws limit noise to 50 decibels and have setbacks of 1,250 feet from residences. Orleans may change the setback to 1,500 feet from neighbor's property lines. Those towns have wind overlay districts where the turbines are allowed away from the St. Lawrence River.
Lyme's zoning law allows wind turbines 4,500 feet from Lake Ontario, the Chaumont River, the village of Chaumont and the hamlet of Three Mile Bay. The turbines must be set at least 21/2 times the height of the turbine away from neighbor's property lines.
The proposed Cape Vincent law also would give the Planning Board the ability to waive the requirements, including setback and noise requirements, if the applicant provides an executed setback agreement with the appropriate property owner. Other requirements may be waived by the Planning Board "after consideration of the impact of the waiver on the neighborhood, including the potential benefits or detriment to nearby properties, the benefits or detriments to the applicant, feasible alternatives and the magnitude of the request."
Clayton's law has a similar provision, but it does not appear in Lyme's law.
The full law is available on the town's Web site, www.townofcapevincent.com, under documents.
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