Monday, August 10, 2009

Planning Board weighs in on wind law

CLAYTON — Planning Board members and alternates have a wide range of views on what shape a wind development zoning law should take.

The town-appointed Wind Committee submitted its recommendations on a zoning law April 22.

Planning Board members and alternates submitted comments on those recommendations in July.

The committee recommended:

■ Background noise and low-frequency noise be measured before construction by an independent acoustic engineering firm.

■ Noise from turbines shouldn't exceed ambient levels in both audible and low-frequency ranges by more than 5 decibels at nonparticipating residents' property lines.

■ Noise should never exceed 50 decibels at any public building or private dwelling, including participating property owners' homes.

■ Turbines be placed at least 4,500 feet from the mean high-water mark of the St. Lawrence and Chaumont rivers, downstream of Depauville, as well as from the village of Clayton boundary and the Depauville Lighting District boundary.

■ Turbines be placed at least 500 feet from state-regulated wetlands and tower height plus 10 percent from above-ground utilities.

■ Turbines be placed at least 2.5 times the height of the turbine from a participating residence and 3.5 times the height from a nonparticipating residence or road.

■ Nonparticipating property owners could sign easements to allow levels or distances similar to those of participating property owners.

■ Shadow flicker should not be allowed at road intersections.

Planning Board alternate Duane C. Hazelton defended the committee's recommendations. He was on the Wind Committee.

"I can assure you that the wind committee worked long and hard getting educated on this subject and did not make these recommendations based on supposition, anecdotes, rumors or gut feelings," he wrote. "I feel that the recommendations put forth by the Clayton wind committee should stand as presented."

Though in general agreement, Planning Board member John W. Kehoe questioned the need for setbacks of 4,500 feet from the Chaumont River and Depauville.

Chairman Roland A. "Bud" Baril questioned the different setbacks from nonparticipating residents' property lines and participating residents' houses.

"It would be much easier to have a standard setback that does not appear to discriminate," he said.

Several asked for lesser setbacks from roads. Member Preston L. Lowe suggested twice the height of the turbine and member Paul E. Heckmann wrote, "Let the sound standards dictate setbacks."

Several members discounted the call for a shadow flicker provision. They also wrote questions and concerns about the sound requirements.

"The database required to have an enforceable base ambient sound level would be very large and complex with so many variables that it would be almost impossible to enforce," Mr. Heckmann wrote. "Why not just have a not to exceed level of 40, 45, or 50 decibels measured at the exterior of the house?"

The Town Council will discuss the recommendations at its meeting at 5 p.m. Aug. 26 at the Depauville Free Library and Community Center on County Route 179.

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