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Preapplication Procedures, See pages 7-8:
CONCERN:
Regulations give the developer the ability to wait until just 60 days before filing an application to meet with municipalities and have one public meeting. Town officials and citizens need time to understand the project, communicate concerns and respond. The developer must contact towns and the public within 4 weeks of initial consideration of a project location.
Page 8 of regulations reads:
"Meeting with community members. No less than sixty (60) days before the date on which an applicant files an application..."
CONCERN:
All members of the public must be equally informed at the same time. Any new regulations must require at least one “in person” public engagement event be a structured question and answer session after release of a project’s details. The event must be held in a public venue located in the proposed project community with the developer and members of the public as the audience along with a neutral moderator. One at a time the moderator will call on a questioner, the developer will then answer the questions until all questions from the public audience members have been exhausted, allowing for a fairer, more just way for the public to be equally informed at the same time.
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Exhibit 5 Design Drawings (including Setbacks), See page 23:
CONCERN:
The setbacks that are listed are arbitrary. Industrial wind turbines are not stationary structures but have blades close to the size of a football field that move at 200 miles per hour. Many jurisdictions have larger setback minimums. Existing NY project proposals have greater setback minimums. Residents should have greater minimum setbacks and all setbacks should be to the property line. A resident should be just as safe in their yard, driveway, garage, as they are in their home. Only setbacks to the property line will enable all acreage of non-participating property to be considered as location for a residence to be constructed.
Page 23 of regulations reads:
"Wind facilities shall meet the setback requirements in Table 1 or manufacturer setbacks, whichever are more stringent. The setback distances shall be measured as a straight line from the centerline or mid- point of the wind turbine tower to the nearest point on the building foundation, property line or feature, as applicable."
CONCERN:
The setback requirements are unsafe and present a danger to the adjacent property owners when ice throw, tower collapse, and blade failures occur. A turbine setback measured from the center of tower will place the tip of the turbine blades much closer to your property line.
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Page 23 of regulations reads:
"Solar facilities shall meet the setback requirements set forth in Table 2."
CONCERN:
The setback requirements are too close to adjacent property lines. This is industrial equipment containing hazardous materials. Panels are known to break free from mounts in heavy storms, containment areas are known to flood, and battery storage is know to explode and catch fire.
The setback allowed to public roads may doom our communities to permanent ineligibility for more appealing economic development possibilities due to the the loss of valuable developable road frontage for homes or other valuable small businesses.
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page 24 of regulations reads:
"The maximum height of solar facilities, exclusive of electric collection, transmission or substation/switchyard components, shall not exceed twenty (20) feet from finished grade."
CONCERN:
The height allowances of ground mounted solar arrays is too tall. The regulations are allowing a two story industrial structure to exist very close to your home. This will effect your property value and reduce the enjoyment of your property due to loss of views.
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Page 29 of regulations reads:
"A Safety Response Plan to ensure the safety and security of the local community…"
CONCERN:
There is no public input available for the developer's safety or security emergency plans.
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Exhibit 7 Noise and Vibration, See page 30:
CONCERN:
A maximum noise limit of 45 dBA Leq (8-hour) is too high for rural areas that have current sound levels in the mid 20’s. Increases of this amount will be intrusive to intolerable by project neighbors. We need a much lower sound maximum. The Department of Environmental Conservation’s current guidelines require no more than 6 decibels above the existing sound level and this is reasonable.
Residents should have an opportunity to comment on the make and model of turbine prior to project approval. Developers should not be permitted to swap out at the last minute without citizen review.
Page 30 of regulations reads:
"A maximum noise limit of forty-five (45) dBA Leq (8-hour), at the outside of any existing non-participating residence, and fifty-five (55) dBA Leq (8-hour) at the outside of any existing participating residence;..."
CONCERN:
These noise limits are hazardous and are known to create health issues including loss of sleep. Studies have shown that noise levels over 33 dBA start to create widespread complaints from surrounding residents and strong appeals to stop noise at 43 dBA. Noise levels measured from outside of residence is unacceptable and is a trespass of your property. Appropriate noise levels must be measured at your priority line for you to safely use and develop your property as you choose. The proposed noise levels will restrict your property rights in favor of an industrial energy plant.
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page 31 of regulations reads:
"Not producing human perceptible vibrations inside any existing non-participating residence that exceed the limits for residential use..."
CONCERN:
Allowing vibration to occur anywhere on your property is unacceptable and is a trespass of your property. It will limit use of any new or existing structures.
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page 34 of regulations reads:
"Evaluation of infrasound for wind facilities: Infrasound levels..."
CONCERN:
Allowing infrasound to occur anywhere on your property is unacceptable and is a trespass of your property. A percentage of people all over the world who live near industrial wind turbines complain about migraines, dizziness, nausea, anxiety, ear pressure, heart palpitations, sleep disturbances and other issues.
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Exhibit 8 Visual Impacts, See page 38:
CONCERN:
industrial wind turbines are getting taller and are visually impacting larger areas. As industrial wind turbines get taller the viewshed maps should be extended. (We suggest a minimum of 2 miles for each 100 feet or portion of 100 feet.)
CONCERN:
Shadow Flicker of 30 hours annually is permitted to impact a residence under the regulations and this is substantial as it will happen in the early morning or later afternoon when people are home. Shadow Flicker must be managed by moving turbines so they do not impact the entirety of adjacent properties, not just adjacent residences. Shadow flicker should not be forced upon any property owner.
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Exhibit 11 Terrestrial Ecology, See page 46:
CONCERN:
This exhibit is for species that are not NYS threatened or endangered. The regulations and uniform standards highlight problems with NYS threatened or endangered species. But it does not acknowledge the likelihood of quantitative impacts on birds, bats and raptors. Just because a number of bird species are not threatened does not mean that we should be placing industrial projects in areas where thousands will be killed. Projects located in migratory regions will kill many species and many birds. This is not addressed in the regulations.
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Exhibit 12 NYS Threatened or Endangered Species,
See page 47
CONCERN:
Take permits will be issued to allow killing of endangered species.
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Exhibit 24 Local Laws and Ordinances, See page 70:
CONCERN:
Given the rapid pace of permitting anticipated by this new law, local law waivers will be a part of every project. This process renders town laws meaningless regarding noise, setbacks, construction operation hours and many other aspects of industrial renewable energy projects. A state agency should not be able to waive town laws that were enacted to protect the health, safety, environment and character of a town.
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CONCERN:
PILOT payments represent only partial compensation for real property taxes to the local government. Properties that decline in value will pay lower taxes which will have to be made up by increasing taxes on other residents in the town.
It stands to reason that properties next to 600 foot high structures that are noisy, create health problems, produce shadow flicker, create safety issues, and obstruct the view would cause property values to decline. Numerous studies from around the world support this position.
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CONCERN:
600 foot tall spinning towers topped with blinking lights would eliminate the dark skies and destroy the “non-industrial” rural nature of our towns, making the area less attractive to tourists. Tourism requires a depth of beauty essential for it's success.
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CONCERN:
When the new Office of Renewable Energy Siting (ORES) released new draft regulations September 16, 2020 there was an opportunity for the public to comment (https://ores.ny.gov/resources). Your comments were included with scores of others (https://ores.ny.gov/public-comments).
ORES released their 174 page response (assessment) to those thousands of public comments in early 2021 (https://ores.ny.gov/system/files/documents/2021/03/assessment-of-public-comments_chapter-xviii-title-19-of-nycrr-part-900-subparts-900-1-through-900-15.pdf).
The final Section 94-c regulations (143 pages) became effective on March 3, 2021, and now replace the Article 10 process. (https://ores.ny.gov/system/files/documents/2021/03/chapter-xviii-title-19-of-nycrr-part-900-subparts-900-1-through-900-15.pdf)
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CONCERNS and COMMENT from:
Save Ontario Shores, Inc. a grassroots citizens group
formed in January 2015 to address the health, safety and welfare of the Town of Yates and Town of Somerset taxpayers and residents regarding the issue of permitting Apex Clean Energy, Inc. to build 45 to 70 industrial wind turbines in these rural towns. Concerns include sound emitting from the turbines 24 hours a day, change to the rural nature of the area with the addition of industrial wind turbines, potential health risks, and the effect on wildlife, local businesses, property values and tourism.
12/4/2020
SOS submitted a series of substantial comments to the Office of Renewable Energy Siting to address the Draft Regulations and Uniform Standards and Conditions being proposed by the Office. Included was a cover letter signed by several additional stakeholders across upstate and western New York, expressing their support for these comments. Additionally, 8 appendices were included on various topics.
Click here to read the cover letter.
Appendix A comments on the ORES proposal’s potential to result in adverse noise impacts on those who would be living near large-scale renewable energy projects. Two documents comprise Appendix A, one by our legal counsel Gary Abraham, based on his experience in renewable energy project siting proceedings in New York, and the other by Robert Rand, the principal of Rand Acoustics LLC, in Brunswick, Maine. Mr. Rand has extensive experience in renewable energy project siting proceedings throughout the U.S.
Click here to read Appendix A.
Appendix B comments on the potential impacts of the Draft Regulations and Uniform Standards (the “ORES proposal”) on natural resources. Appendix B was prepared by our consultant Karen Schneller-McDonald, the principal of Hickory Creek Consulting LLC, in Red Hook, New York.
Click here to read Appendix B.
Appendix C, prepared by Gary Abraham, comments on the legally questionable use of different health and safety standards for project “participants”, compared to everyone else.
Click here to read Appendix C.
Appendix D includes comments by Gary Abraham on the need for additional protections from shadow flicker, the highly annoying strobing of sunlight through moving wind turbines. Appendix D also included comments on the visual impacts and design drawings (including setbacks) prepared by Kate Kremer, SOS Vice-President.
Click here to read Appendix D.
Appendix E offers a brief comment prepared by Gary Abraham on ORES’s obligations under New York’s State Environmental Quality Review Act (“SEQRA”) when proposing new regulations, and on how the draft regulations conflict with the State’s policies for the preservation of agricultural and natural resources, set forth in the State Constitution.
Click here to read Appendix E.
Appendix F comments on the need to align the siting of large-scale renewable energy projects with the siting of transmission improvements, in order to improve the ability of generation projects to make a meaningful contribution to the State’s policy of reducing greenhouse gas emissions. These comments were prepared by Gary Abraham.
Click here to read Appendix F.
Appendix G, prepared by Kate Kremer, comments on draft regulation procedures and on several application exhibits as proposed in the draft regulations. She enumerates revisions needed to ensure stakeholders who would be asked to host large-scale renewable energy projects can participate in the review of siting proposals.
Click here to read Appendix G.
Appendix H comments on the proposed Uniform Standards, and argues that the need to expedite siting does not require weakening substantive protections for the environment and rural communities developed under Public Service Law, Article 10. These comments address subjects not covered in other appendices and were prepared by Kate Kremer.
Click here to read Appendix H.
new draft siting regulations for New york
What you need to know about Industrial Wind Farms
CONCERNS - PAGE BY PAGE
There are many disturbing aspects of the newly released ORES siting regulations and we would like to share our concerns with you. We intend this page to be a resource and reference for anyone visiting our website and will update it as we create or obtain more entries. We urge you to Protect Your Town - urge your local government to adopt a Moratorium on wind and solar development to allow them time to research and create laws that will protect you from many negative health, environmental, and economic impacts.
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