BP's Tatics in Cape Vincent Ny

Sunday, August 18, 2013

What are the chances that BP will attempt to comply with our zoning law ?

During the Pre-application  Intervenor Funding conference May 21, 2013, case examiner and state Department of Public Service Administrative Law Judge Paul Agresta had this to say about BP's Cape Vincent Wind Farm  We’d like to see a case scenario that attempts to comply with the towns zoning law to the degree possible. 

 What are the chances that BP will attempt to comply with our zoning law when the only reason they are pursuing their project through an Article 10 process is to bypass our zoning law.

  In a letter to the Town of Cape Vincent  BP project Developer Richard Chandler said the proposed zoning law is unreasonably burdensome  and will effectively prohibit wind generation from being sited within the Town. Chandler further stated that

The town has already evaluated potential impacts from the Cape Vincent and St. Lawrence Wind Farm projects and made favorable findings. The requirements of the Proposed Zoning Law, however, are
inconsistent with these findings. The requirements, setback provisions, exclusion areas, and noise
standards contained within the Proposed Zoning Law are highly restrictive and should be
substantiated by realistic and credible studies, consistent with other operational wind projects, and
in line with industry standards.

For years BP has engaged in various attempts to thwart the development of a wind law,  that properly address the siting of industrial scale wind turbines in Cape Vincent.  

 One example of BP's attempts to subvert the wind law process in Cape Vincent took place when
Jim Madden one of  BP's  former project developer's, was assigned to the Cape Vincent Wind "farm".

  Madden warned, both the Town Board and the Planning Board  that there were economic consequences .“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.”

Additionally, Madden  said that a restrictive zoning law would eliminate BP Alternative Energy's proposed wind farm in Cape Vincent. 
What Madden failed to mention was that British Petroleum was not concerned for the economic prosperity, or for the quality of life of the citizens of Cape Vincent.

Madden was pushing a zoning law that would allow 50 decibels at the property line. This number was proposed May 1 at the final wind committee meeting. At the meeting Beth White (Voter for BP) passed out  noise proposal recommending 45-decibel limit for a residence and a 50-decibel limit from property lines. She said she was unwilling to negotiate her proposal since it was a matter of economics Ms. White's basis for her proposal was that it was the wind industry standard and if we allow more noise, we get to have more turbines and thus make more money and we have to consider the money. 
she explained that, based on the Galloo Island Pilot, over twenty years, the School district would get 14 million, the county would get 9 million and the town would get 4 million.

Town council member Marty Mason supported her proposal by adding that we should make it 50 decibels for everything.

Town Council member Donald Mason agreed by forcing a motion to accept Beth White's study. Beth White seconded it.
  When it was discovered that the plan would  not be put to a formal vote because not all committee members were present ,Donny Mason asked if committee member Mickey Orvis could vote even though he was not there .

Voter for Wind Beth Whites proposal

■ Noise levels from turbines must not exceed 45 decibels at all residences and 50 decibels at non-participating residents' property lines.

■ 1,000-foot setbacks from non-participating property lines, participating dwellings and the centerline of Route 12E starting from the village to the town border with Lyme.

■ 2,000-foot setbacks from the centerline of Route 12E from the village to the Clayton town border and the high-water mark of Lake Ontario.

■ 600-foot setbacks from public, seasonal and non-seasonal roads.

■ Setbacks of 1,000 feet on top of 1.5 times the height of a turbine from the village line.

Town Supervisor Urban C. Hirschey said the noise levels over 40 decibels at both people's residences and property lines were unacceptable to him.

Planning Board member Andrew R. Binsley said the setbacks from non-participating residents' property lines should be 1,500 feet, 500 feet more than Ms. White's proposal, and that turbine setbacks from the village line should be at least 2,000 feet on top of 1.5 times the height of a turbine.

Richard H. Macsherry, a committee member who also disagreed with the proposal, said the five members who backed Ms. White should be more willing to compromise and impose regulations based on science rather than for economic gain.
"I think we've gone as far as we can. We've beat this up for years and I don't think we're going to get anywhere further," said Councilman Donald J. Mason, who supported Ms. White's suggestions.

Ms. White, Voter for Wind with financial interests dependent on the wind law noise criteria, said the town citizens are circulating a petition, gathering signatures from property owners of the wind overlay district to impose supermajority-voting requirements for council actions regarding wind.

She said the group hopes to gather signatures from owners of at least 20 percent of the properties in the overlay district to make it harder for the town board to adopt a more restrictive wind zoning law and terminate the proposed St. Lawrence and Cape Vincent wind farms.

link here to Maddens letter


Anonymous said...

Both Marty Mason and Donny Mason are conflicted, and have violated ethics laws. Any decisions they made regarding wind have to be nullified . That is the legal right of the town to do so according to ethics laws, whether the BOE wants to prosecute them or not. Any relative of any lease holder must recuse themselves as well. No lease holder has the legal right to make any decision for the town regarding wind power. Period. Also, having worked with audio it has always been considered that 35DB is ambient noise. One of the little tests we always gave audio technicians was what would they rather have, 3DB or ten percent as a raise? The answer is 3DB because 3db is double. Sound levels aren't quite so linear as people think. Also, as I said before, a residence will pick up the vibrations well beyond any property line. That entire notion is misleading. Think of it as a radio signal and your house is the antenna. It's the same principle. Noise levels have to be taken at the residence. Considering Donny and Marie can't even spell DUH correctly,and are conflicted as well, they have no right making technical determinations based on industry propaganda. Lawyers who have represented them have no rights to make any determinations either. It's all in the ethics laws. The town has the right to request an independent lawyer to file ethics violations charges before the local DA. Read the ethics laws.

Anonymous said...

That was a sad day in the Cape. After so much hard work had been done to compromise and write a wind law to protect all residents, it was shot down by Beth White, who was faithfully following the developer's instructions, as required.
All previous agreements were thrown out.
That was when I first realized that the wind companies were running the Town.

Anonymous said...

SOUNDS like a case of the DB DBs.

Anonymous said...

Beth White, Karen Stumpf, how unfortunate that your names have made a nice town look like a brothel. You don't represent the rest of the women in Cape Vincent and you certainly aren't "madams". You're not Miss Kitty in the Longbranch saloon, and Harvey White isn't Marshall Dillon. Donny and Marie Mason aren't deputies, and Eric Schneider and Tim Conway aren't the guest stars, not unless it's a gay version of Gunsmoke. Take your dysfunction and your tappy tappy shoes and do some dishes or something. Anyone who would prostitute themselves for the likes of ACCIONA or BP have no shame. That goes for the men , as well. Which is no surprise. What a crowd.