Cape ZBA declares wind turbine illegal

CAPE VINCENT — Personal wind turbines taller than 35 feet are illegal, the town's Zoning Board of Appeals decided Monday.

The ZBA voted unanimously at its monthly meeting that Roger D. Alexander's 92-foot-tall residential wind turbine is in violation of the town's zoning law.

"It is theoretically a turbine, but we have nothing in the zoning laws to do with that," ZBA Chairman Edward P. Bender said. "So we're going to treat it as an accessory structure."

Section 585 of the zoning law, which deals with accessory structures on individual lots, limits the height of accessory structures to 35 feet.

However, the structure is not categorized as an accessory on Mr. Alexander's permit. The permit was issued by the town's zoning enforcement officer, Alan N. Wood, in May and was renewed in July.

"I don't know what I'm going to do," said Mr. Alexander, who erected a personal wind turbine in May next to his residence on County Route 7.

Mr. Alexander, owner of the Lazy Acres Mobile Home Park, said he spent several thousand dollars to build the turbine hoping it would reduce his utility bill. He did not receive any state rebates or tax breaks for the turbine and "every cent" came out of his own pocket, Mr. Alexander said.

To keep the turbine, Mr. Alexander will have to apply for a variance.

"I might have to hire a good lawyer," he said.

Mr. Wood said he asked both the zoning and planning boards if there was anything in the town's law stopping Mr. Alexander from putting up a residential wind tower. At that time, he was told there were no rules for setbacks and heights for residential wind turbines in the zoning ordinance.

Mary C. Grogan, Mr. Alexander's neighbor who filed a complaint with the ZBA, said she was pleased with the outcome of the ZBA meeting and hopes the turbine will be taken down.

"I'm glad they determined it's in violation," she said. "It's a big step."

Ms. Grogan, County Route 7, sent two letters to the town's ZBA arguing that Mr. Alexander's turbine is too tall and too close to her residence. The turbine is 108 feet from Ms. Grogan's property line, according to Mr. Wood.

Ms. Grogan said she also might hire a lawyer if the ZBA refuses to order Mr. Alexander to get rid of his turbine.

The ZBA will hold a hearing for Ms. Grogan and Mr. Alexander at its next meeting, at 7 p.m. Sept. 14 at the town offices on Route 12E.