Town of Cape Vincent Draft Zoning Ordinance will limit noise to 35 Decibels at the neighbors property line.

For the last several months, the Town of Cape Vincent Zoning Ordinance committee has been meeting every Tuesday and Thursday at 1:30 at the Town Recreation Park for the purpose of re-writing the Town of Cape Vincent's Zoning Ordinance. 

During their discussions, the committee recently recommended that the sustained noise level that any citizen should tolerate from neighboring sources should be no more than 35 Decibels (dB) as measured at a person's property line.

The more noise Cape Vincent lets
British Petroleum make, the more
money they make.
Past sound studies that were commissioned by the Town of Cape Vincent, and the Wind Energy Ethics Group showed that Cape Vincent is a very quiet place and that the ambient sound level in the Town of Cape Vincent is in the the mid-twenty dB range. However, as expected, a sound study commissioned and defended by wind developers tried to make Cape Vincent appear to be much noisier. 

During past attempts by a wind-lease-loaded committee  that was trying to develop a Town of Cape Vincent "wind law", voters for wind were asking that the town allow a 50 dB limit for the purpose of accommodating the industrial wind projects and their ability to jam in as many industrial wind turbines as possible. Jim Madden of British Petroleum took it one step further and told the town planning board, chaired by a wind lease corrupted British Petroleum partner, that the more noise we make, the more money we make.

During a visit to Cape Vincent, new British Petroleum project manager Peter Gross told Town of Cape Vincent Planning Board Chairman Richard Macsherry that British Petroleum still intends to turn quiet Cape Vincent into a 50 Decibel town.

Rather than take the advice of British Petroleum and their sound "experts" the town of Cape Vincent Zoning Committee is leaning toward the advice of independent experts, thus coming up with their 35 dB noise limit. And this has not been done without serious research and study by several local sound experts who have also befriended and have watch closely the work of the Institute of Noise Control Engineering, Dearborn, MI. Rick R. James, E-Coustic Solutions, Okemos, Michigan contributed to that work and for several years has been in touch with sound researchers Chuck Ebbing of the Town of Orleans and Clif Schneider of the Town of Cape Vincent.

The Institute of Noise Control Engineering issued Guidelines for Selecting Wind Turbine Site. You can read those their findings at Pandora's Box of Rocks.


  1. Anonymous4/07/2012

    That's higher than the levels the DEC recommends.

  2. Anonymous4/07/2012

    Good Morning JLL,

    At the very last wind law committee, Beth White of Voters for Wind refused to budge on the Bp 50 dB limit. Town Board member Mickey Orvis had left the meeting early. Don Mason tried to call for a vote of approval for a wind law that would allow the 50dB. When he discovered that Mickey had left he asked, "Can Mickey vote even if he is not here?"

    Later in the year, Mickey Orvis joined wind lease corrupt town board members Don Mason and Marty Mason in voting no against a "free" sound study that would confirm and establish ambient sound levels and serve to protect the town.

    The former wind corrupt planning board agreed to application conditions that would allow the wind developer to establish their own noise complaint resolution system. All lease holders and good neighbor agreement holders sign a promise to never complain about wind turbine noise.

    Voter for wind Gary King suggested that the town board (corrupt at the time) and the wind company along with other pro wind lock themselves in a room and hash out a wind law.

    At a planning board meeting past chair and wind turbine lease holder Edsall said that trying to measure sound in CV during the winter was a waste of time.

    Cape Vincent is very fortunate to have a group working on a zoning law that will protect the health and safety of all of the Cape Vincent citizens.

  3. Anonymous4/07/2012

    Orvis is a Cape Dem. He never once spoke out about the corruption on the town board. He endorsed it along with his family member Darrell Aubertine who gave them all the idea corrupt was ok. Orvis supported Mason, Mason, and Edsall all the time. He has lots of relations with wind and was willing to sell out all of us neighbors in Rosiere.
    We want a Democratic primary to save our party or we will end up all Republicans on the next election. I will not vote for Dem Orvis anymore. Don't.

  4. Anonymous4/07/2012

    N oise, noise, noise, aren't those turbines on Wolfe Island beautiful?

  5. Anonymous4/07/2012

    And, very noisy...
    Today is one of the worse in several mornings. I am pleased, however that 6:59, across the river (?) gets some enjoyment out of our misery.
    I get lots seeing you lose your project. Hopeful good sense prevails there and you don't repeat our mistake.

  6. Anonymous4/07/2012

    Hey we can read some more crap from Wilma and Fred Flint stone the rock couple, Hooray.

  7. Anonymous4/07/2012


    Is that all you voters for wind have left? That the Wolfe Island Turbines are beautiful?
    Aw, common! Get your friends to put their green shirts on and fight like a woman!

  8. Anonymous4/07/2012

    When will the zoning work be completed and the draft presented to the public?

  9. Anonymous4/07/2012

    Ask for good Democrats. A primary.

    Mickey Orvis violated his oath of office and his job oath to support the State and Federal constitution.


    Cape Dems will always be constitutionally brain dead and self serving until they adopt a fair primary system.

  10. Anonymous4/07/2012

    I agree with above...

    The Dems intent all along was to help the developers put wind in CV. Darrell Aubertine invited them in. He then endorsed and encourage conflicts of interest and infiltrated the town with wind corrupt officials. The Dems even got involved with putting wind corruption on the school board in case voters for wind lost their effort to take away the vote on PILOTs from local jurisdiction.

    Thank you Cape Vincent Republican primary for stopping corruption in CV government.

    We must remind the voters from now until the election day about the evil of local government corruption.

    Register to Vote in Cape Vincent, NY

    Your choice of party as long as candidates are not put on a ballot by Gary King and Harold Wiley.

  11. Anonymous4/07/2012

    It sucks to be a Republican, same shit different party.Lets make some noise boys.

  12. Anonymous4/07/2012

    Aubertine helped my party "forget" to file last Novemeber. He robbed us all of democracy for the sake of his own self interest and wind leases of his family.

    Please, if there are any honest Dems left in the Cape, bring us a primary so we have a fair chance to have a Democratic voice in Town.

    No more corrupt wind thug candidates, please!

  13. Anonymous4/07/2012

    So if the ambient sound level is in the mid twenties (db), and we applied the DEC standard of 5 decibels over the ambient sound as tolerable, wouldn't that be 30 decibels? Where does the suggested 35 dec. standard come from?

  14. This comment has been removed by the author.

  15. 8:00

    According to studies, many countries are now settling in on these criteria.

    Australia – the lower of 35 dBA or L90 + 5 dBA;

    Denmark – 40 dBA; France – L90 + 3 (night) and L90 + 5 (day);

    Germany – 40 dBA;

    Holland – 40 dBA;

    United Kingdom – 40 dBA (day) and 43 dBA (night) or L90 + 5 dBA; Illinois – 55 dBA (day) and 51 dBA (night);

    Those criteria have been established by citizen and government cope rations. Generally opposed by the wind industry.

    In the US we have:

    Wisconsin – 50 dBA;

    Michigan – 55 dBA.

    And of course, those are industry agreed standards that meet severe objections by localities now suffering property value loss, health effects and disruption in lie style.

  16. Anonymous4/07/2012

    "Hey we can read some more crap from Wilma and Fred Flint stone the rock couple, Hooray."

    4/7/12 7:07 AM

    First of all Moran, Flint stone doesn’t’ have a space between the two words. It’s Flintstone.

    Secondly, the rock couple and their friends have been kicking your sorry ass for a couple of years now.

    You’ll never see a wind turbine in Cape Vincent. So, I guess all you have left is poorly constructed comments on this blog.

    What a loser! It sucks doesn’t it!

  17. Anonymous4/07/2012

    You missed many, Rick. UK and Canada are right behind on the 30 to 35. With total night time shutdown.
    That will balance out the fact that they now pay wind companies money to shut them down during peak periods because they screw up the grid and lead to brown outs.

  18. Anonymous4/07/2012

    I am a moron nor moran. A she not a he.

  19. Anonymous4/07/2012

    Yeah, we all know who you are and that your live in was a corrupt board member before he got his sorry butt kicked out of offiec.

  20. Anonymous4/07/2012

    8:22 not surprising that you sound proud to be a female moron!

  21. Anonymous4/07/2012

    JLL, I repeat my question. If we are going to apply standards based on scientificly determined data, and that data reveals that Cape Vincent is a quiet place with an ambient level in the mid- twenties,why would we add an additional 5 decibels over what the DEC suggests is a tolerable sound level?

    Either our data is incorrect ,or we are ccompromising our degree of protection to appear reasonable. I assume it is the latter,since the data on ambient levels has been public for some time.

    What else will we compromise just to appear reasonable? It doesn't matter if these criteria restrict wind turbines or not. they should stand alone ,on there own merit, and any proposed development whether industrial wind or some other should conform to these standards.

  22. And, I repeat the explanation that is cited in my comment above which shows that the zoning committee is considering criteria that is still 5dB below what most of the rest of the world has settled on.

    Perhaps you should ask the committee why they are recommending 5dB less than what other parts of the world are determining.

    Or, 20 dB less than at least one other State far more advanced in wind power than NY.

    I have heard it explained by many who are knowledgable that the DEC "recommendations" are considered to be rather arbitrary when used to defend a town's position on any sound disputes.

    I was passing on a piece of knowledge that suggested an answer to a question, not trying to start a dispute that should be taken up with the people who are designing the town's zoning law.

  23. Anonymous4/07/2012

    Fair enough. You are doing a service by making the information available to the public, thanks for that.

  24. Anonymous4/07/2012

    Something I know from working close to the industry.
    It might help in the dispute.

    The most quite turbine (GE) which is used to set the example for the industry (charts are available) will project its sound to 2100 feet at 35 db where is levels off. Meaning 35 db under some conditions will be detected for a much longer distance under many conditions especially later in the night and into early morning.

    GE is sticking with this very old chart because the new and bigger do not live up to the same standards. The 3 MW are even noisier.

    Google your charts and you will find that the industry proudly presents this proof as their proof that turbines are no louder than a 40 db refrigerator. Nothing has changed, the industry still uses it.

    Your town board is very wise to use the 35 db because of this leveling off of 35 for longer distances.

    And, with that, they still do no want to fess up to the frequent noises during low wind at the surface.

    Hello RW and Good luck to Cape Vincent

  25. Anonymous4/07/2012

    This comment has been removed by a blog administrator.

  26. Anonymous4/07/2012

    Haha is right, keep making your goofy comments.

    The anti's kicked your ass! So much for the boys making noise!

    You were out witted, out played, out smarted and out maneuvered at ever step.

    You had control, but you didn't have the smartest people representing your interest.

    How does if feel to have had control of the town for years and years and still your team screwed the pouch and fumbled the ball.

  27. Anonymous4/07/2012

    Please be very careful where you buy in Dexter. The area is being targeted by wind and the secret agreements are being signed. Note the met tower in sight of 12E. If its for sale in Dexter it is because owners have gotten wind and are bailing out.

  28. Anonymous4/07/2012

    Actually not Dexter which is village, but Town of Brownville, the point, RT 12e is near the met tower. Don't trust what your neighbor says. This is the time the all start lying for a wind co.

  29. Anonymous4/07/2012

    If you are wondering what kind of a setback is associated with 35 dBA noise from a wind turbine, click on this:


    Then go to the last page in Hessler's analysis, the map of sound contours, and measure how far it is from a turbine to the 35 dBA contour.

    And this is from none other than the Darth Vader Hessler.

  30. Anonymous4/07/2012

    The real Darth Vader’s of Cape Vincent are Mickey Orvis, Donny Mason, Marty Mason, Richard Edsall, Tom Reinbeck, Alan Wood, Harold Wiley, Darrell Aubertine, Gary King and some (not all) of their family members.

    These people and some of their family members think they own Cape Vincent and they believe they can do whatever they want, including creating a private business to sell water to others at the expense of other tax payers paying for the water lines.

    One has to ask, do they have a business license to sell water, do they claim their water income on the taxes, and is their private water system inspected by the appropriate authorities to insure the safety of the rest of tax payers on the water system?

    Ask yourself, why is it the town of Cape Vincent has stood by for years allowing these families to control the political environment and create private businesses and rules that bring wealth to them, at the expense of their neighbors, friends and other tax payers?

    How did Darrell Aubertine and Donny Mason get into the private water business using DANC water supplies?

    Has Darrell reported this income to the state as part of his disclosures while holding public office? Did the Governor of New York know that Darrell had an illegal and unreported water business when he was appointed to public office?

    Did the Governor know Darrell may not have reported his water business to the IRS? How much money has Darrell and Donny earned in the water business they are running?

    Why didn’t anyone say a word when they used town equipment to do work on their private properties?

    What does the IRS know about these individual’s running a water business?

    Why did the previous town board run a water line to the Woods farm? Who approved it? Who paid for it and did the state know what they were doing?

    It was a federal grant that provided much of the funds for this water line and it doesn’t appear that they reported the water extension to the Woods farm to the Federal Government?

    When will the tax payers and authorities in this town, state and our Federal Government finally say enough is enough?

    When will they finally be held accountable? Al Capone finally went to prison for tax evasion, so I ask you again, did Darrell report his water business income to the IRS?

  31. Anonymous4/07/2012

    Darrell Aubertine reminds alot of Rod Blagojevich.

    I wonder if Governor Cuomo knows one of his appointed officals has a business he may not have claimed on his taxes?

    Is the IRS investingating this as possible tax evasion?

    Of course it is possible that Darrell has been forthright with his water business, but an investigation seems to be in order.

  32. Anonymous4/08/2012


    I firmly believe that a lot of this corruption could be eliminated by a CV Democratic caucus.

    I and many others who have made comments on this blog are not about to give up on our Dem party. But it is of no use until we go to the primary system.

    Aubertine, Wiley and Masons can't be trusted making decisions for our government.

    Are they really passing on and selling water to their neighbors? How did Aubertine's daughter get water at her house? And others. Can we trust the Republicans now in control to actually get to the bottom of this and be forth coming?

  33. Anonymous4/08/2012

    Well and good. But also the Gary King Citizens for Fair Government and his ill got Conservative endorsement of all corrupt candidates must never be supported by the Dems, again.

  34. Webster's Dictionary:

    Oligarchy 1: government by the few 2: a government in which a small group exercises control especially for corrupt and selfish purposes.

    The Cape Vincent oligarchic elements have been (mostly) pushed out of local government. But the lingering evidence of the misconduct of the CV oligarchists will be with us for some time to come.

  35. Anonymous4/09/2012

    Prohibition-era gangster Al Capone contended, "The government can't collect legal taxes from illegal money," but he was wrong and wound up imprisoned for eight years for tax evasion. The tax laws are regularly used to nab other crooks the same way.

  36. Anonymous4/09/2012

    Are you referring to transfer of money in the do it yourself water districts?

  37. Anonymous4/09/2012

    Just saying, if someone is selling water the income has to be reported.

    If they are not selling it then no worries.

  38. Anonymous4/10/2012

    R Wiley, why is it more difficult (wide screen) now to read comments? Can we go back to the old way please?

  39. Anonymous4/10/2012

    From a tax consequence standpoint, although any income should be reported to the IRS, as long as it was not marked up (their income was offset by what they had to pay for it), then there would be no change in the taxes they paid. So even if they didn't report it, as long as they weren't making money, the IRS probably wouldn't care. If they had profits though (income that exceeded costs) the IRS will definitely care.

  40. Anonymous4/10/2012

    But, care or not, they are still supposed to put their activities into the filing forms. to the IRS. You must declare profit or loss and break even as well. Then all that money they spent on pipes and stuff and labor could be deducted. If they received free services from the town for digging a ditch and stuff like that, they got to do that to.

  41. Anonymous4/10/2012

    Mickey will say they shouldn't spend the money. But he still voted for a free sound study that would protect people from noise. He's got to go next election. Support a Dem primary we want respect brought back to our party.

  42. Lunch time gang4/10/2012

    2:17 not reporting the activity like receiving water as a gift is bad stuff for the IRS. We think the town owes us all an explanation.