HomeMy WebLinkAboutSeptember 13 2016 minutes WFAC.pdfTown of Enfield Wind Farm Advisory Committee Meeting –
September 13, 2016 - Enfield Community Building
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PRESENT: Marcus Gingerich, Jude Lemke, Mimi Mehaffey, Councilperson Michael
Miles, Julie Schroeder, Rob Tesori
ABSENT: Councilperson Mike Carpenter
Michael Miles called the meeting to order at 7:05 p.m. and lead the assemblage in the
Pledge of Allegiance to the Flag.
Old Business
A Motion was made to approve the August 30. Motion passed to approve minutes
unanimously.
Enfield Wind Energy Law
There was discussion on the Committee going through the Enfield Energy law to pick
out the “key” issues. They would then make recommendations for changes and
additions to the Town Board. It was thought that the Committee still needed to revise
the whole law.
Michael Miles thanked Jude Lemke for submitting a “rewrite” of the Enfield Energy Law.
He asked her to go over the document with the committee.
Jude Lemke stated she added setbacks, noise and flicker, dealing with “good neighbor
agreements”, enforcement steps, buyouts, public hearing and who sends notices out.
Definitions – starting on page 3
o Good Utility Practice was added from the Freedom, Maine, Wind
Ordinance Law.
o Neighboring Landowner was added, discussion on the distance of 2 miles,
this deals with a single parcel of property.
o Participating Landowner was added, definition of land owner who has
entered into a written lease, etc. to permit construction of WTG.
o Non-Participating definition? Non-participating Landowner means any
landowner other than a Participating Landowner. (Freedom Law)
o Residence definition was cleaned up. The wording valid, completed were
added in reference to when application is received.
o Sound pressure level changed to using the American National Standards
Institute. Type 1 and 2 reference sound and an expert could explain to the
committee what it exactly means. dBA and lower frequency would be
covered for measurement in these Standards.
Complaint Resolution Plan – made small changes “which complies with the
requirements of this 2016 Town Law.”
Public Hearing changes – notice to be given by the Town using registered mail, 2
miles of the boundary of each parcel of property on which each proposed WTG
Town of Enfield Wind Farm Advisory Committee Meeting –
September 13, 2016 - Enfield Community Building
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or wind Energy Facility is located and 15 business days in advance of public
hearing for notification. This gives people the opportunity to review all
documents along with a list of receipts that the notification was given.
It was noted that the developer creates the list of residences that the town would
send notification of public hearings to. Tompkins County Assessor’s Office could
be asked to double check the list.
Dates were changed throughout the document to 2016.
Section 17
o Changes were made referencing neighboring landowners vs. participating
land owners. Article IV Section 18 talks about who can waive their rights
(Applicant or Operator or permit holder seeks to have a requirement of
this 2016 Local Law not apply to a Site, Person, project, or permit.)
o Sound Levels numbers of dBA were added. This is based on the World
Health Organization recommendations. The numbers for dBA vs dBC
should be checked. How these numbers are based, who recommends the
numbers should be referenced? Jude will consult the sound expert for an
explanation of the recommended numbers.
o Noise measurement standards in Appendix A should be “red”.
o Setbacks based on Residences, Property Line, Utility Lines, Natural
areas, and roadways. Suggested to say “residence property line”.
o Added 2,000 feet or 4 times the Total Height of the WTG whichever is
greater.
o Wet lands set back increased to 1.5 times the Total Height of the WTG so
in case a turbine fell or caught on fire it would disturb the wet lands. The
current law now allows the wet land to be disturbed then fixed. “Sensitive
areas” unique natural areas, such as Connecticut Hill and Treman State
Park, have set backs in the original law. Tompkins County has a “unique
natural area report” which can be used to reference in law.
o Discussion on if setback restrictions should be based on height of wind
turbine. Freedom Law states “exceeding 80 feet or tree height whichever
is greater, must be set back a minimum of 2,500 feet from any Scenic or
Special Resource.”
o Substations are included in definition of “WIND ENERGY FACILITY – Any
WTG, Small WTG, or Wind Measurement Tower, including all related
infrastructure, electrical lines, substations, access roads and accessory
structures.” Should substation area being used as staging areas for parts,
etc. be addressed?
o There was discussion of voltage and cables buried under ground.
o D. Infrastructure, Electrical Lines….change “located a minimum of 1,000
feet”. Substation location changed to a minimum of 1,000 feet also.
o Tourist – there could be problems with trespassing on property if people
stop to look at wind turbines.
o Flicker added not in original law. Mitigation was added to control flicker
effects. Reference to “from property line” not from house/residence. If the
Town of Enfield Wind Farm Advisory Committee Meeting –
September 13, 2016 - Enfield Community Building
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setback is correct there should be no flicker problem. It was noted that
horses are affected by “flicker”.
o G. Noise Violations and Enforcement – definition and referenced to in
Appendix. Noise violations were added using the Freedom Maine Law. A
serious noise violation is based on 3 verified noise complaints. A “not so
serious” violation section was also added. There was discussion on who
is qualified to measure the noise complaint. Should the Town Code
Enforcement officer be included in investigating complaints? Can he
receive training courses for investigation of wind turbine complaints?
Section 18 - Noise, Setback and Flicker Waivers, discusses all waivers.
o Written consent states property owners are aware of the Wind Energy
Facility and the wind law. There is a provision that can revoke the consent
in 30 days, giving them time to think about the document. Any consent is
recorded into the land record of the County Clerk’s Office. This document
will follow land ownership. D. protects the land owner in reference to
distance if wind turbine is set less than 1.5 times the total height of the
turbine from the substation from a residence.
There was discussion on the “administrative appeal” of the law. The town lawyer
will have to review/change/add wording.
Next Meeting:
Committee members were asked to research why there is a certain
number of feet recommended for setbacks regarding property and or residence
and how is effects noise. References are needed.
There will be discussion regarding setbacks and enforcement along with
noise levels.
Next Meeting: Tuesday, September 27, 7 pm.
Michael Miles adjourned the meeting at 9:00 p.m.
Respectfully submitted, Sue Thompson, Recording Secretary