Cape Vincent ~ Woman protests turbine

Woman protests turbine

By JAEGUN LEE
TIMES STAFF WRITER
SATURDAY, AUGUST 1, 2009
CAPE VINCENT — A town resident is in a dispute with the town's zoning board over her neighbor's wind turbine, which she believes is too close to her property.

"I want it down," said Mary C. Grogan, a seasonal town resident who lives next to Roger D. Alexander.

Ms. Grogan, County Route 7, said the turbine is too close to her residence and she is worried the turbine will affect her son,who has cerebral palsy.

Opponents of wind turbines argue that noise and shadow flicker could cause headaches and even trigger seizures .
Ms. Grogan said she was not given an opportunity to protest the turbine because the town's Zoning Board of Appeals did not hold a site plan review for the structure.

The town's zoning officer, Alan Wood, said the turbine did not require a site plan review because it was considered a utility and an accessory structure. Turbines are classified as utilities under the town's zoning law.

However, Ms. Grogan said, if the turbine is considered an accessory structure, it should not be taller than the 35 feet allowed under the town's zoning law.

Mr. Alexander's permit says the wind turbine is 128 foot tall. Mr. Wood said the turbine is actually 92 feet tall. Both Mr. Wood and Clifford P. Schneider, a town resident who helped Ms. Grogan take measurements, said the turbine is about 108 feet from the property line.

"It's one of those gray areas," Mr. Wood said. "I personally went to the zoning and planning board asking if there was anything against putting up a residential wind tower. They said no."

He said there are no rules for setbacks and heights for residential wind turbines in the zoning ordinance.

"None of Mary's arguments are true," he said.

ZBA Chairman Edward P. Bender said a site plan review would not be required for putting up a wind turbine in the town.

Mr. Alexander, owner of the Lazy Acres Mobile Home Park, said everything he did was legal and he did everything the town required him to do.

"I do what's right," he said, adding this isn't the first time he has had a dispute with Ms. Grogan.

Ms. Grogan also said the turbine was erected on the wrong lot. Mr. Alexander's turbine was built on a piece of land next to the lot that was on his initial permit.

Mr. Wood said Mr. Alexander renewed his permit just before he erected the turbine and corrected the "typographical error" he made in the previous permit.

Ms. Grogan said she is considering hiring a lawyer if the town refuses to order Mr. Alexander to take down his turbine.

Ms. Grogan said she will attend the next Zoning Board of Appeals meeting to air her concerns. The ZBA will meet at 7 p.m. Monday at the town offices on Route 12E.