RE: Cavanaugh & Tocci Acoustic sound report ~ Clayton

10/15/08

RE: Cavanaugh & Tocci Acoustic sound report is attached


Since Town of Clayton’s public hearing (only one) held May 2007, residents have complained that the noise levels in the local law 2007 are too high and not in accordance with the NYS DEC guidelines on noise standards assessing and mitigating noise impacts. ECCO over the following months showed proof to the town of the intolerable levels of noise impacts residents will face during hours of sleep in the Clayton noise analysis CH2MHILL performed by PPM Energy. It is clear to all that the local law No 1 of 2007 for wind facilities in the Town of Clayton’s noise level needs to be corrected to safe levels for the residents.

On November 25, 2007 due to letters and concerns addressed by residents on the noise concern, the Town of Clayton planning board chair Mr. Baril hired the acoustic firm of Cavanaugh & Tocci Acoustics to review Clayton’s CH2MHILL noise report for the industrial wind project. Town Supervisor informed residents at town meetings that when the report is back they would consider changes to the Local Law. Mr. Tocci completed this report 2/15/08 but the town would not accept it. Why? They said the report was too technical for the planning board to understand. Keep in mind the town retained the services of two engineers from Bernier & Carr Associates to help them in situations such as this. In fairness to the members of the planning board, they had no say in the decision not accepting the document. It was the decisions of the planning board chair and other members of the local government. Much discussion went back and forth. Finally, at the request of town supervisor for a simple brief “executive summary” to the original document Mr. Tocci complied on August 25, 2008. Mr. Baril accepted the “executive summary” only and authorized the planning board members to have a copy on 10/1/08.

The executive summary references the original report of 2/15/08. The reasons for denial of the original are unclear. The planning board members do not understand the reluctance either because they have attempted over past months of wanting to review the local law and noise impacts and proceed with the recommendations to the council to change the law. Town supervisor has told residents that the planning board must make the recommendations for change of the local law to the council first. The town states they will not review the change until the Tocci report is accepted.

Residents are perplexed why are they reluctant to have the planning board receive the original. Why is it that even without the Tocci report proof that levels of noise from the turbines in the wind district is excessive the town continues to give the residents a difficult time and fail to take no action upon their request?

On 10/8/08 residents went to the Town of Clayton council meeting to find out why. 1. Why is the original report by Tocci being denied into the town records? 2. When is the Town of Clayton going to amend the local law on sound impacts to guidelines by NYS DEC?

Answer: 1. the town of Clayton released the original Tocci report BUT did not accept it into “record” for both the planning board and the town council to use for consideration to adopt changes to the local law. Both reports are attached to this email for you to read; original and executive summary. Read the original. Do you feel our planning board with the help of professional engineers cannot comprehend the results? Do you find that the Tocci report indicates that residents living in the wind district for the wind project face high intolerable levels of noise impacts?

2. After all of this back and forth and putting residents off month after month and telling us that the local law would be considered for change depending upon the results of the acoustic consultant and when the report is received the town would then consider the residents request for changing the sound levels in the local law. Now the town supervisor on 10/8/08 states there will be no changes to the local law until PPM Energy (wind farm) reinstates the project. Oh yes I forgot town supervisor it is a lot of work, you need a public hearing etc etc we will wait until the project is reinstated. This is wrong. It could be a whole year before PPM reinstates the SEQR/application process. Suppose PPM Energy decides not to reinstate the application? This leaves the door open for another developer to submit an application. Residents will still face the same problem we now have.
The Local Law is supposed to provide to protection for the residents in the township. It has nothing to do with a wind developer’s application.

Enjoy the report. You will be enlightened.
It has been a difficult process for residents here in Clayton’s wind project in dealing with our local government. We have known from the time we received our copies of the DGEIS in April 2007 we faced this problem. It is has been a long and difficult road in our climb to get the local law amended and it looks like it will be even further. The problem should never have been their in the first place. The law was written to accommodate PPM Energy not to protect the taxpayers in the wind district. ECCO members feel this is not right.


Link here to read Clayton Turbine noise report