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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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All stakeholders and the public have an opportunity to formally submit comments on the draft regulations using an ORES online form by the following dates:


Chapter XVIII Title 19 (Subparts 900-1 – 900-5; 900-7 – 900-14) until December 7, 2020:

http://ores.ny.commentinput.com/?id=3NhHK

Concerned citizens for rural preservation

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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.

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 formally comment on these draft regulations.

What you need to know about Industrial Wind Farms

Northern NY Wind