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Boundaries agreed to for Cape wind turbines

By NANCY MADSEN
TIMES STAFF WRITER
SATURDAY, SEPTEMBER 27, 2008
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CAPE VINCENT — The boundary for the wind turbine overlay district is set tentatively as Route 6 to the west and the riverfront district to the north.

The town's wind zoning amendment committee agreed to those boundaries at its meeting Thursday afternoon.

The riverfront district extends 1,000 feet south of the centerline of Route 12E from the Cape Vincent village boundary to the border with the town of Clayton. The lakefront district is excluded under the Route 6 boundary, as is a section of agricultural district land west of Route 6.

"There are people out there that would be affected," said Beth A. White, president of Voters for Wind.

The committee discussed five turbines planned for the agricultural district west of Route 6 under BP Alternative Energy's plan for the Cape Vincent Wind Farm.

"We're not treating people fairly because of the way the district is arbitrarily set up unless we determine Route 6 is the boundary," village Trustee Robert G. Doud said. "We have just a small area of land here, but we probably have six times that much space in the lakefront district that's 1,700 feet away from the lake."

The committee agreed lakefront district property could not be opened up for wind power development.

"We're not negotiating for specific property owners, but we are charged with protecting the lakefront and riverfront districts," said Richard H. Macsherry, Tibbetts Point.

Supervisor Thomas K. Rienbeck said, "We're just trying to get this ready for a public hearing. Things can still change."

The setback from Route 6 was set at the greater of 500 feet or 1.5 times the height of the turbine. The setback from the riverfront district was set at 1.5 times the height of the turbine.

The committee agreed that sound measurements should be taken consistently at property lines, so the required measurement will be six decibels or less above expected ambient noise at neighbors' property boundaries.

"It's six instead of five," Mr. Rienbeck said, recalling the previous wind zoning law draft the town had done. "No one complained two or three years ago with that noise level."

The committee agreed that noise analysis should be conducted at boundary lines within one mile of any proposed project.

The committee also corrected inconsistencies in the draft. The draft allowed for the greater of 1,000 feet or 1.5 times the height of the turbine.

"But you've already said the towers can't be more than 500 feet tall, so it would always be 1,000 feet anyway," said Michael J. Bourcy, Jefferson County Planning Department.

The committee also agreed that the Planning Board should have 90 days, not 180 as drafted, to determine whether an application is complete.

Other changes included taking out definitions and a description of the permitting process, fee schedule and enforcement, which already are included in the town's zoning law. The zoning enforcement officer was integrated as the town representative involved in the permitting process. The term "dwelling units" replaced "residences" throughout, to conform with zoning law.

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