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HomeMy WebLinkAbout2006-06-11l Conservation Board Meeting June 11th, 2006 -' Members Present: Craig Schutt, Chair; Charles Smith; Steve Bisson; Tim Woods; Milo Richmond, Nancy Munkenbeck 52ynwil,k% Others Present: Ron SeTmTrski, Turbine Engineer; Stuart Davis & Judy Pierpont, Town Residents; Mary Ann Sumner, Town Board Liaison; Dan Kwasnowski; Kris Strickland, Recording Secretary Agenda: Renewable Energy Ordinance Meeting brought to order at 7:30 Dan informed the Board of the new GIS intern. Josh Bogdan is a senior at SUNY Oneonta, studying geography, specifically GIS and the environment. He has had some water resource courses in GIS. He is very sharp and has a good computer science background. He will be starting the riparian buffer project by finding out the nature of our riparian buffer now to determine the need. There was a discussion on the Rebecca Schneider's project. Which is the cleaning out and filtration of ditches. This is an issue for the Jack "Bush the Highway Superintendent and Dan commented that Jack does a. good job on the ditches meaning that he only cleans them out when needed. Dan said he would like to look at the idea of infiltration and also how many of these ditches are actually diverted streams and what can we do about this. Dan also mentioned an issue that a resident is having with NYSEG wanting to cut down his trees that are in his front yard because of the power lines. The public service commission in New York due to the power outages in Ohio from lack of vegetation control they have told and authorized all the carriers that the lines need to be cleared. Tom has many trees including fruit trees in his front yard and does not want to loose them. He came to the Town wanting some help. Dan asked the Board if this was something they would like to address. After much discussion the Board decided that this was not an issue they wanted to deal Frith. The County did have a meeting on their scenic inventory and by the end of the month they should have their interactive website up at tompkinscountyplanning.org. Dan said that he has been working with Henry Slater and Steve Trumbull to get some information together on E . e,n possibly doing a Town scenic inventory. This would include only views from a public way. Discussion n extending the Jim chu Trail. Dan explained h o g S gg a to the Board that the purchase agreement was signed by Bucky VanPelt and this would allow the Trail to go toward Freeville from the Village of Dryden. We now have some funding and we are looking into more. There was a discussion on what was to happen with land that may border the trail. Dan advised the Board that there will be a public hearing on June 22, 2006 at Neptune Fire Department at 7:00 pm. Stuart Davis and Judy Pierpont presented to the Board a comparison of a Wind Ordinance from Malone, New York and the proposed Draft Renewable Energy Ordinance from Dryden. Mr. Davis explained that Dan was doing a "wonderful job" with this ordinance but being controversial they wanted the Board to look at a. comparison. Mr. Davis event through some of the key points. Mr. Davis and Ms. Pierpont are against the industrial turbines and would like to have them "banned" from the Town. There was much discussion as to why the industrial turbines were not wanted. This not being regulated with the Town at this point will not be allowed. At this point Dan explained to the Board the process of passing this ordinance. The Town Board would like the opinion of this Board and the current schedule is for the introduction to be in July and open a public hearing in August. We need an official opinion from this board to give to the Town Board. Mary explained that the town board wanted the feedback from tonights meeting and feedback from the public meeting, the research on what Dan has done also now the feedback from Malone. Charlie proposed that we go through the draft ordinance section be section and address their issues that sway. The first issue address was to differentiate the commercial and industrial turbines. It was explained to the board that commercial meant if it was a business (farm) and they wanted a turbine it would be allowed. The industrial turbines would be to generate power as a business. S. Bisson motioned to accept the special permit process as written. All in favor C. Scutt motioned to vote on the•SEQR form (long or short) with or without visual assessment form. Vote was 4 in favor of short with visual; 2 in favor of the long form with visual. S. Bisson motioned to accept setback regulation language as written. C. Smith seconded. All in favor N. Munkenbeck motioned to accept allowed zoning district language as written. C. Smith seconded. All in favor N. M unk enbe ck motioned t o accept the number of wind e ner gy conversion systems allowed per parcel as one unless need is demonstrated. S. Bisson seconded motion passed with a vote 5 to 1. S. Bisson motioned to accept noise level limit as 55dba at the edge of the property as written. C. Smith seconded. All in favor Dan asked Milo Richmond (had to leave the meeting) his opinion on wildlife effect mitigation methods. His comment being that he could not imagine impacts being a problem but without knowing enough about the power generating mills he could not know the true impact of bats and birds. There is data available and people who have done the research could maybe come and inform us, one being the fish and wildlife services on Luker Road in Cortland. S. Bisson motioned to accept guy wires and anchors as written. T. Woods seconded. 4 in favor 1 opposed C. Scutt motioned to accept lighting language as written. C. Smith seconded. All in favor N. Munkenbeck motioned to accept language on scenic impact in addition of "cumulative impacts will be assessed by Town. Board using at a minimum Section 5 of the EAF addendum"T. Woods seconded. All in favor N. Munkenbeck motioned to accept language as written on broadcast interference. S. Bisson seconded. All in favor N. Munkenbeck motioned to accept language as written on location on lot. S. Bisson seconded. All in favor S. Bisson motioned to table the Maximum Height Limit until more information. Motion voted down. Discussion continued. T. Woods motioned to accept language as written on height limit N. Munkenbeck seconded. 4 in favor 1 abstained. C. Smith motioned to accept language on KW limit as written with the addition of " unless need is determined" C. Scutt seconded. All in favor T. Woods motioned to accept language as written on Color adding the use of Visual Impact. N. Munkenbeck seconded. All in favor N. Munkenbeck motioned to accept language as written on structure type. S. Bisson seconded. All in favor ® N. Munkenbeck motioned to accept language as written on type. S. Bisson seconded. All in favor N. Munkenbeck motioned to accept language as written on design and specifications adding as with clarification. S. Bisson seconded. All in favor N. Munkenbeck motioned to accept language on Wildlife Impact changing • Setback to 1000 feet from 2500 feet • F'urther evaluation by Conservation Board for potential impacts • Bird Conservation areas designated by NYSEC, State forest areas and state wildlife management areas and designated natural areas C. Scutt seconded. 4 in favor. 1 opposed N. Munkenbeck motioned to accept language as written on ice buildup sensors. C. Smith seconded and all in favor C. Scutt motioned to accept language as written on connecting cables N. Munkenbeck seconded. All in favor N. Munkenbeck motioned to accept distance T. Woods seconded and all N. Munkenbeck motioned to accept considerations with changes • Drop a &bin # 1 Motion seconded by T. Woods and e language as written on blade to ground in favor. language as written in Notice and Safety 11 in favor N. Munkenbeck motioned to accept language as written in Notice and Safety #2 C. Scutt seconded that motion with all in favor C. Smith motioned to accept as written #3 of Notice and Safety S. Bisson seconded that motion and all in favor C. Scutt motioned to accept as vvTitten "removal if not operational" this motion seconded by T. Woods 4 in favor and 1 opposed C. Scutt motioned to accept language as written on landscaping S. Bisson seconded that motion with a vote of 3 to 2 in favor. C. Scutt motioned to accept language as written on building and grounds maintenance S. Bisson seconded with a vote of 3 to 2 in favor N. Munkenbeck motioned to accept language as written eliminating the last sentence after "Zoning" seconded by C. Scutt and all in favor C. Smith moved to accept language as written of wind energy conversion P �' system modifications C. Scutt seconded that motion with all in favor. C. Scutt moved to accept language as written in "Routine Inspection Report" with this motion being seconded by C. Smith and all in favor N. Munkenbeck motioned to accept language as written in "Insurance ". C. Scutt seconded this motion with all in favor. C. Smith motioned to accept " National and State Standards" as written with C. Scutt seconding that motion and all in favor C. Scutt motioned to accept " Lightning Strike/ Grounding" as written with this being seconded by C. Smith and all in favor C. Smith motioned to accept "Wind /Speed & Load" as written with C. Scutt seconding that motion and all in favor T. Woods motioned to accept "Other Renewable Energy Conversion Systems" as written seconded by S. Bisson and 4 in favor and 1. opposed. Meetin g adjourned 0 Tow*Dryden Proposed Elements of a Renewable Energy Conversion System Ordinance June, 2006 Wind Energ The following table presents the elements of potential regulation of wind energy conversion systems (WECS)_ It should be noted that the following refers to "residential" WECS only. It is assumed that industrial wind farms (those solely for the purpose of generating electricity for sale to the grid (New York State Independent Operators)) are to be an excluded use in the town. The table is the result of studying the following materials: • NYSERDA's "Wald Energy Model Ordinance Options" • The Tompkins County Environmental Management Council's "Model Wind Tower Ordinance" • The New York State Department of State's "Sample Wind Energy Laws" including: o Town of Sidney o Town of Roxbury o Town of Portland o Town of South Bristol o Town of Amherst o County of Lewis 0 The Towel of Marcellus' proposed Wind Power Ordinance. These sources have been reworked considerably to try and tit the regulations to the potential requirements of the Town of Dryden. A drafted ordinance was compared to all the sources in order to discern what the minimum restrictions are and what restriction are prohibitive. This type of simple analysis was meant to prevent exaggeration of numbers either way without having to recreate studies to determine appropriate numbers. The minimums are generally what are included in the following table. The regulatory elements were then compared to the Town's existing Telecommunications Law that regulates some towers in the Town. Wherever possible, the regulatory language was made consistent with our existing tower regulations. It should be pointed out that our Telecommunications Law does not regulate residential use of towers for tclecon niunications purposes in any way. Page 1 of 10 Crested by Daniel Kxmnowski IIAMy DOCUrnentSlCOnSCrv3tion Baxtrd5cornplete table_6_15 CB.vote.doc Town9v Dryden Proposed Elements of'a Renewable Energy Conversion System Ordinance June, 2006 Included in this table are suggested changes suggested by the Conservation Board, including the vote when not unanimous. Typical Draft Regulatory Language Alternatives Comments and Ordinance Conservation Board Section Title Changes Permit Process Dan: Special Permit can cover all Site Plan Review, necessary regulated attributes without Special Permit Process overburdening the applicant. etc. QB: Agreed.. 6 -0 SEQ Long Environmental Assessment Form. with Visual Assessment Form E.AF Only require shoe , CB: Short Form with isual Addendum Setbacks Other ordinances have a setback of PAE Proposed language is consistent Setbacks from adjacent roe lines, rights of way, easements, public ways r power 1 property �� g � }� public p � the total height least 1.5. with Dr en's Telecommunications Dry den's (not to include individual residential feed line) shall be equivalent to the total times at The absolute law' regulating towers. su•ueture height phis 10 feet minimum is the CB: Agreed. total height of the tower. Allowed Dan: Dryden's existing zones do not Zoning � have any relevance to regulating or promoting wind power. An overlay Districts zone could be created either restricting .Allowed in all zones. Limit to specific development in certain vicwsheds, or zones. channeling development to certain locations. CB: At,recd Page 2 of 10 Created by Danid Kwasnowski H:1A1y Docurncnts\C;nnsavatiun B4n3rdlcorriplete table_G_t5 1. _vote.doc Q ca.-, ® Townfy Dr den Proposed Elements of a Renewable Energy Conversion System Ordinance June, 2006 Typical Draft Regulatory Language Alternatives Comments and Ordinance Conservation Board Section Title Changes Dan: If someone has the space, why not Number of have more than one? Farms could Wind Energy benefit from this option. Visual Assessment would alert to possible Conversion impacts. 1 have written where they must Systems Could limit to one, be set apart, however it may make more Allowed Per k No limit, but have to be setback, from each other_ two ere. sense to allow them to be closer to create less impact. Parcel. g�,B, 1, unless a need Iur more than one is demonstrated and ;additional meets all requirements. 5 a I Dan: 55 dbA was the highest level I Not ie Level could find. Lower thresholds could be Limit 55 dbA Could be lower. established. There are no existing limits in the town. QR. 55 at edge of properiX. Guy Wires and Marled and visible to ten feet above the ground. standard language. CB: Agreed Anchors Dan: There is no lighting ordinance in Lighting one, except as required by FAA. None, Standard language. town. B: Agreed. SCenicNiew Create a scenic Dan: Proposed leaves all discretion to Impact No system installed in a location determined by the Town to detract from character of the view inventory and uses the Town Board neighborhood. Nor any location that would subvantially detract from or block view of a restrict other as well within the CB: add cumulative impats will be portion of a scenic view... established assessed by T13 using at a minimum viewsheds. Section 5 of the VEAF Add. Broadcast Correction window Dan: Standard language_ All laws had Interference Standard restrictions on blocking radio signals. 60 day correction window on any lengthen or this language. complaints. shorten. 03Lagrecd. Paue 3 of 10 Cwated by Daniel Kwasnowski H:1My Dmumentslt nnsctvation Bo3rdkompictc_t3bre_6_I5 Cd votc.doc n tJ, ® Townq Dr rden 0 Proposed Elements of a Renewable Energy Conversion System Ordinance June, 2006 Typical Draft Regulatory Language Alternatives Comments and Ordinance Conservation Board Section Title Changes Location on PAM Standard. Lot determined by Zoning Officer through Zoning Permit Application Process. Standard. CO. agreed. Maximum The tallest Height Limit stqndard tower appears appears to be 120 Dan; There are other factors that restrict feet_ 150 feet height such as the fall zone and lot lines allows for some etc. There is NO restriction on the flexibility in blade height of residentially used antennas in 15 0 (1. length. Height our Telecommunications Law, could be limited, but that would also CB: Agreed, but requires more study for reduce minimum impacts of taller touters, 4 -I. lot size if a minima n were not designated. kW limit er r - standard, 10 k�4 Dan: NTYSERDA seems to limit support for private or `residential" turbines to device l allows for a 20 kW l IOkW. 20 kW higher efficiency with existing CB: agreed, add: Unless need is equipment. demonstrated for increased generation- Color Dan: Regulating color seems Some towns unnecessary. It could also create No limits unless determined by an agency to be an issue. unwanted impacts to wildlife. mandate one color. CLB: Agreed, add for visual im acs Structure Type Could restrict to just the standard Dan: This is consistent with our Lattice or Monopole. Other structures to be considered. p types. Could Telecommunications Law. regulate other aspects of the CB: agreed. tower. Page 4 of 10 Created by [briiel Kwasnovvski H:Wy DocumentslConscrvation Boardkorrtplctc_lable 6_15_CB_vote.doc Town qDryden Proposed Elements of a Renewable Energy Conversion System Ordinance June, 2006 Typical Draft Regulatory Language Alternatives Comments and Ordinance Conservation hoard Section Title Changes Typc Only allow certain Dan: There doesn't seem to be an over models. Another abundance of models to choose front. consideration is This allows for innovation and the TB is All types of wind energy conversion systems will be considered. Those suggested and "home made" able to request certifications as part of endorsed by NIYSERDA are preferred. devices. Some the Special Permit process. communities allow them if they meet CB: agreed, delete second sentence. all specifications. — Design and � Detailed design and specifications will be required through Special Permit. 9 Don: NOi1e_ S ecifications Wildlife a. No bird or bat impact study shall be required for residential WECS Dan: This section is based somewhat impact unless required by the Town or any state or federal agency. The Town upon existing ordinances with some Mitigation Board tray request review by the Conservation Board. 'I'he CB may enhancements. Not sure the stringency require a bird migration and bat impact analysis. is justified, however without a clear Measures b. The project sponsor must consult the United State Fish and Wildlife unbiased assessment of impacts from Service and the New York State Natural Heritage Program for residential type wind turbines it is information regarding Rare Threatened and Endangered Species and difficult to know whether there are or provide proof of this consultation. would be any impacts. Any existing literature points to no known impacts of C, The WEQ3 will not create artificial habitat for raptors or raptor prey residential" type wind turbines. such as electrical boxes. perching opportunities etc. d. Wind energy conversion systems shall be. set back at least 2,500 feet CB: change section d: add NYS DEC: from any bWortant Bird Areas as identified by New York Audubon Bird Consetvalion Areas, State Forest and at least 1,500 feet from State - identified wetlands. Setbacks from Lands, State Wildlife Management federally designated wetlands may be required depending upon Areas, and other Designated Natural character and type. These distances may be adjusted to be greater or Areas. " If Project proposed within lesser at the discretion of the Town Board based upon evident flight 1,000 fl.of such areas project should be attcrns of resident and nugratory birds. evaluated by CB for potential impacts." ice Buildup Standard language. Sensors �1 Not required for residential WECS, B Agreed. � Connectnig Dan: Consistent with Standard Telecommunications Law. Cables All power transmission lines from WECS will be underground. language. CB: agreed. Page 5of10 Crrated by Daniel Kwasnuwski H:1A7y DocumenOConservation BcxaMdcornplete table_G_IS Ct3_vote.duc m Proposed Elements of a Renewable Energy Conversion. System Ordinance June, 2006 Typical Draft Regulatory Language Alternatives Comments and Ordinance Conservation Board Section Title Changes Blade to 11M This is a minimum and seems to be Ground reasonable. In other laws It is applied to the lowest portion of the blade may not be closer than 15 feet to the ground. Increase? "industrial' turbines. Distance CB: agreed. Notice and 1. sighs Safety a. Caution Signs shall be placed 4 -6 feet high at the setback limits Considerations warning of falling objects_ b. There shall be no other signs affixed to the wind energy conversion Standard Language system, accessory buildings or enclosure unless required by the Standard Town or other agency. Language CB: Delete Section 1, Signs. � Fencing — Access to the WECS shall be limited either by means of a fence six (6) feet high around the tower base with a locking gate or by limiting WECS climbing apparatus to no lower than twelve (12) fcxt from the ground. 3. Limit Tip Speed —?pro wind energy conversion systems shall be permitted that lacks an automatic braking, governing, or feathering system, Page 6 of 10 (seated by Daniel Kwasnowski H:\�ty Documcnts'1Consarv3tion BoQrdW nTplete_t3ble -6_15 CB_vote.doc otzzz) �1 s 0 G 0 Town of .Dryden Proposed Elements of a. Reneivable .Energy Conversion. System Ordinance June, 2006 Typical Draft Regulatory Language Alternatives Comments and Ordinance Conservation Board Section Title Changes Operating Considerations 1. Removal if Not Operational Any WECS, which has not been in active and continuous service for a period of one (1) year, shall be disassembled on the premises. Any and all structures, guy cables, guy anchors and/or crtclosures accessory to such wind energy conversion system shall also be disassembled. Disassembling shall be completed within six (6) months of the cessation of active and continuous use of such «end energy conversion system.. 2. Landscaping Upon completion of installation the site shall be returned as close as possible to a natural state. CB: 1. add Proof: "Disassembling shall 3. Building and Grounds Maintenance be completed Nvithin six (6) months of the PROOF of cessation of active and Any damaged or unused parts shall be removed from the premises within thirty (30) days continuous use of such wind energy or kept in an on -site storage building. Standard conversion system. Language 4. Ourotership Changes Lang ?, agreed, 3 -2 if the ownership of a wind energy conversion system operating under a special use 3. agreed, 3 -2 permit changes, the special use permit shall remain in force. All conditions of the special 4. agreed use permit, including bonding, letters of credit or continuing certification requirements of 5. agreed the original owner will continue to be obligations of succeeding owners. HoNvever, the change in ownership shall be registered with the Director of Building and Zoning, and the signs shall he changed to reflect new owners as necessary. 5. Wind Energy Conversion System Modifications Any and all modifications, additions, deletions or changes to wind energy conversion systerns that operate under a special use permit, whether structural or not, shall he made by special use permit, except that such permit shall not be required for repairs which become necessary in the normal course of use of such wind energy conversion system or become necessary as a result of natural forces, such as wind or ice. Created by Daniel Kwasnowski H:1My Documcnts\Conscrvatiun Boardlconipictc_ table 6_15_Ctt_votc.doc \f S*�- 1 r Typical Ordinance Section Title Cent fications r Town o Dryden 40 Proposed Elements of a Renewable Energy Conversion System Ordinance June, 2006 Draft Regulatory Language Alternatives Comments and Conservation Board Changes L Routine Inspection Report An inspection report prepared by an independent professional engineer licensed in the State of Ncw York and preferably registered by NYSERUA will be required at the time of installation_ The inspection report required at the time of installation will be for the structure and the electronics and will be given to the Code Enforcement Officer. 2. Insurance —Liability Prior to issuance of a building permit, the applicant shall provide the Town proof, in the form of a duplicate insurance policy or a certificate issue by an insurance company, of liability insurance, of a level to be determined by the Town Board in consultation with the Town's Insurance Agency, to cover damage or injury which might result from the failure of a tower or towers or any other part(s) of the generation and transmission facility. 3. National and State Standards 'The applicant shall show that all applicable New York State and U.S. standards for the construction, operation and maintenance of the proposed wind energy conversion system have been met or are being complied with. Wind energy conversion systems shall be built, operated and maintained to applicable industry standards of the Institute of Electrical and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI), The applicant for a wind energy conversion system special use pen-nit shall furnish evidence, over the signature of a professional engineer licensed to practice in the State of New York, that such wind energy conversion system is in compliance with such standards. 4. Lightning Strike/Grounding The applicant shall show that all applicable New York State and U.S. standards for the construction, operation and maintenance of the proposed wind energy conversion system have been met or arc being complied with. 5. Wind Speed/Wind Load Certification is required by a registered professional engir Wgt "040T"'s certification that the tower design is sufficient to withstand wind -load requirements for structures as established by the Ruilding Code of New York State. 1•l: CB: #1 add: "...will be required at the time of installation of \VECS for electric power generation." Standard 2 -5: agreed Language Public: #2 Seems overly burdensome. Created by Daniel Kwasnowski Ay DocuntcnOConsrry tion Boardticutnplctc_tnblc -6_15 CB_vote.doc 6` 0 r TOWneDr 3 yden Is Proposed Elements of a Renewable Enemy Conversion System Ordinance June, 2006 Solar Energy Conversion Systems The New York State Residential Code (Section M2301 Solar Energy Systems) regulates solar installations. A reference to this code is all that is required. Other Renewable Enemy Conversion Systems Other renewable energy systems include: • Geothermal Heat Pumps • Woodstoves • Other Biomass (wood, corn, hay...) • And other renewable energy sources. At this time these other systems would be exempt from further regulation under the proposed law. If at some time in the future any of these systems are found to pose public impacts further regulation may be developed within this law. Definitions The following are proposed definitions for a RECS ordinance: "Break Point" means the location on a tower, which in the event of a failure of the tower, would result in the tower falling or collapsing. "Collapse Zone" means the area in which any portion of a tower could or would fall, collapse or plunge to the ground or into a river, wetland or other body of water. The collapse zone shall be no less than the lateral equivalent of the distance from the Break point to the top of the structure plus ten feet, such being not less than one -half (112) the height of the structure. "Renewable Energy Conversion Systems" means an energy conversion system utilizing renewable sources of energy, excluding wind energy conversion systems as defined herein, including but not limited to: solar conversion systems (Photovoltaic, water etc.), geothermal, Hydrogen Fuel Cell, Biomass (wood, corn, hay), et cetera. Page 9of10 C;rcated by Daniel Kwasnowski 14AN(y DacumentslConservaticm Board\complete_table_6_15 CB. vote.doc UZI s c s 0 o Town Dryden 0 Proposed Elements of a Renewable Energy Conversion System Ordinance June, 2006 "Wind Energy Conversion System" means a device that converts that kinetic energy of the wind, by the use of a set of rotating blades and is usually elevated from ground level on a tower, into electrical or mechanical power. "Wind Energy Conversion System, Private" means a wind energy conversion to an individual residence, business or other use and can be either the primary or electricity to the utility grid is pennitted as a tertiary use. "Wind Energy Conversion System, Industrial" means a wind energy convers systems in a facility, whose sole purpose is to generate electricity that is fed into system that provides electrical or mechanical power a secondary source of energy. Sale or credit of excess ion system, or series of wind energy conversion a power grid for sale. "Wind Energy Conversion System Height" means the total height of the structure including blades. Page 10 of 10 Created by Wnicl Kwasnoaski HANIy Uocumcnts\Conser%mtinn Boardtcorrplctc_table_6_15 CB_vote.doc