Even with some unresolved concerns, Denmark closer to wind zoning law

DEER RIVER — After about a year and a half of discussions, the Denmark Town Council is working to get a wind power zoning law on the books, possibly by next month.

However, some Copenhagen residents, including the mayor, still have reservations about the plan.

"I want to protect people in the village," Copenhagen Mayor Kenneth R. Clarke said Monday night at a public hearing on the proposed amendment to town zoning law.

Mr. Clarke questioned how the town came up with proposed 1,500-foot setbacks from residences and a 45-decibel noise level limit at 1,250 feet from any tower site.

While the noise limit has been reduced from 55 decibels in a previous draft, the mayor suggested the new level is still significantly higher than the town's ambient noise. "Before this law gets developed, we should have someone measure the ambient noise," he said.

Mr. Clarke also suggested that some type of setback from the village be included in the law.

Councilmen said the proposed setbacks in the law should be adequate because village boundaries would be considered property lines. They also noted that Copenhagen has no zoning law of its own.

"If they don't care, why should we?" Councilman David W. Thoma said.

The proposed law would restrict wind towers from being erected within 1,500 feet of a residence without written consent of the owner. Even with consent, turbines could be placed no closer than the height of the wind turbine plus twice the length of the blade to any residence, road centerline or property line.

Supervisor Thomas W. Fleming said the setback and sound limits were derived from international wind recommendations and wind laws in other towns.

Susan J. Reed, who operates a Plank Road farm with her husband, said that she has signed a lease agreement with a developer and would love to see a project come to fruition. "We're pushing for these wind towers," she said. "The farmers in this area are working hard for hardly nothing."

Beneficial Renewable Resources LLC, Sarasota, Fla., from 2006 to 2008 entered five-year wind development leases with 36 landowners in northwestern Lewis County, according to county records. Most of the land is in the town of Denmark, although some parcels are in the towns of Harrisburg, Pinckney and Lowville.

However, Beneficial Renewable — which in 2006 also contacted a couple of dairy farmers in the Jefferson County town of Champion concerning potential wind development — has yet to propose a project here, and the leases don't provide for landowner payments unless development occurs.

One wind developer — Kevin Sheen of Everpower, New York City — attended Monday night's public hearing. While not actively pursuing a project here, Mr. Sheen said, his company is "looking at different areas."

Everpower is working on wind projects in Cattaraugas and Steuben counties, according to the company's Web site.

"I just wanted to give you the developer's point of view," Mr. Sheen said.

Denmark's proposed law is fair to developers, but not a "pushover," he said.

Mr. Sheen did say a stipulation in the proposed law requiring burial of all transmission lines could be a hindrance because some lines may need to cross streams or wetlands.

Such situations could be handled with a variance, town attorney Timothy A. Farley said.

At the suggestion of town Zoning Officer Lloyd G. Woodruff Jr., councilmen did amend the proposal by including a 1,500-foot setback requirement from public buildings, campgrounds, businesses and school property lines, not just residences.

The proposed law is slated to be reviewed by the county Planning Board next week.