Cape warned of restrictive wind zoning

CAPE VINCENT — A restrictive zoning law would eliminate BP Alternative Energy's proposed wind farm here, a company spokesman warned the Town Council Thursday night.

James H. Madden, BP's project manager working on the Cape Vincent Wind Farm, had encouraging figures for a law allowing 50 decibels at the property line, which was proposed during a wind committee work session May 1.

Permitting 50 decibels at the property line would allow the full 124 megawatts, which leads to $28.3 million in a payment-in-lieu-of-taxes agreement, $31.5 million in construction and operations and $26.2 million in landowner payments.

Based on the recently approved Galloo Island Wind Farm PILOT, the town would receive $4.3 million of the total.

"When you put stricter regulations on noise and other setbacks, it has a direct effect on the number of turbines, which has a direct impact on the economic benefits to the community," Mr. Madden said.

Towns that have a zoning law based on sound requirements can choose an absolute number or a relative number above ambient levels. In New York, 22 towns have chosen to use 50 decibels or higher as their sound requirements in zoning laws on wind farms. A guideline from the state Department of Environmental Conservation says introduced noise up to six decibels above ambient is not objectionable to most people.

Different studies have put the ambient noise levels in Cape Vincent as low as 20 decibels on quiet nights to an average of 44 decibels during summer days.

If the law restricted noise to 47 decibels, that would cut the project to 97 megawatts and a $23.8 million PILOT, $26.5 million in construction and operations and $21 million in landowner payments, he said.

And if the law allowed noise only up to 42 decibels at the property line, the project would drop to 36 megawatts and an $8.2 million PILOT, $9.1 million in construction and operations and $9.3 million in lease payments.

A project smaller than 100 megawatts wouldn't be built.

"At 36 megawatts, the project is not economically feasible at our end at all and would not be built at all," Mr. Madden said.

BP does want a zoning law, he said, because it creates clarity for developers and uniformity for landowners.

At the request of Supervisor Urban C. Hirschey, former Councilman Clifford J. Schneider conducted a demonstration in which the 50 members of the public who attended the meeting heard the difference between ambient levels and adding 3, 5, 10, 15 and 20 decibels of wind turbine noise on top of that.

"It's not just the sound level — it's the difference," Mr. Schneider said. "If it's higher, a lot of people are going to find it's annoying. Hopefully, with lower levels, there would be less disturbance."

He asked the council to keep a clause that would allow developers to plan for noise up to 50 decibels at neighboring property lines if the nonparticipating landowners were paid easements.

"It would allow them to negotiate with the developer to raise the level on their property and bring more money into the town," Mr. Schneider said.

Mr. Hirschey decided to form a committee that will look at the economics behind wind power. Mr. Madden, Assessor Robert V.R. Barnard and Faye C. Waterman, president and chief executive officer of Citizens Bank of Cape Vincent, have agreed to be on the committee with Mr. Hirschey.

The group will have a few meetings and give a summary or report to the Town Council before the council continues discussions on a zoning law.

"The economic issue is before us," Mr. Hirschey said.