Chilmark Planning Board Minutes
Public Meeting @ 4:30 p.m.
Monday, November 10, 2008
Final
Present: Janet Weidner, Chairperson; Russell Walton, Mitchell Posin, William Meegan,
John Flender, Rich Osnoss, Tim Lasker, and Christina Soulagnet, Administrative
Assistant
Absent: None
Guests: Brian Nelson (Nelson Mechanics), Bill Veno (MVC), Kate Warner (Vineyard
Energy Project), Gary Harcourt (Great Rock Windpower), Simone DeSorcey and
Susan Silva (WT Planning Board), Mathew Dix and Rebecca Miller (N.Tabor Farm)
Call To Order
Janet Weidner, Chairperson, opened the meeting at 4:31 p.m.
Meeting Minutes
The Board members reviewed the Meeting Minutes of October 14, 2008. Mr. Walton made a motion, Mr. Flender seconded, and all members approved the minutes as amended.
The Board members reviewed the Meeting Minutes of October 27, 2008. Mr. Walton made a motion, Mr. Flender seconded, and all members approved the minutes as amended.
Administration
Thomas Bracken Invoice: The Board members reviewed an invoice from Thomas Bracken, Attorney. This invoice reflects services rendered to Marcia Cini, inquiring legal opinion for her client. The Planning Board requested Christina to draft a letter stating that the Planning Board did not incur this fee and request that this bill be forwarded to the appropriate party.
High Meadow Covenants: The Board was informed of the response from Rob McCarron, the attorney for the developers of High Meadow Trust. Mr. McCarron stated that the owners of the homes within the subdivision that will eventually participate in the association will address the concern of the association fee burdening the Homesite lot.
All Towns Board Meeting: The Board of Selectmen is holding an All Towns Board Meeting on November 13, 2008 at 7:00 pm at Town Hall. Ms. Weidner will attend the meeting, review the Master Plan Update Survey, and discuss the Board's plans for addressing wind turbine concerns.
Wind Turbine Informal Discussion
Ms. Weidner began by stating that the Planning Board is presently looking at the concerns associated with wind turbines in order to draft language for a wind turbine zoning bylaw amendment. The Board invited a panel of experts to partake in the discussion.
Mr. Lasker shared that the Board needs to come up with quantifying ways to address noise and views. The Board is requesting feedback on the latest technology that would address the aesthetics of the equipment and the noise issue associated with residential wind turbines.
Mr. Harcourt, Great Rock Windpower, discussed statistics of residential wind turbines. A 10kw turbine would cover electrical usage of an average home, but that would not be the case with most seasonal homes that are larger and have more energy demands.
Ms. Warner, Vineyard Energy Project, shared that there are three categories associated with wind turbines; 1) 1kw - 10kw small residential turbine, 2) 10kw - 100kw residential turbine at a public site and 3) commercial wind turbine. Ms. Warner suggested that the Board consider the following when drafting the amendment: the size of the blades, the height and appearance of the tower, the sound output of the equipment and dismantling the equipment if inoperable for a certain time.
Mr. Brian Nelson described the Homestead Program, which locates a zone to erect a larger turbine for "x" number of people interested in buying a share and receiving the energy saving benefits.
This will eliminate smaller, residential turbines scattered around the island and will promote joint ownership of larger turbines so the electricity can be shared with the abutters or a group of people.
Mr. Meegan asked if there is a correlation of noise from a turbine with wind speed of the turbine blades. Mr. Harcourt stated that there is some correlation but the main determination of the level of noise is the type of equipment. Mr. Harcourt recommended only using Massachusetts Technology Collaborative (MTC) approved turbines.
Ms. Weidner informed the guests that the Cape Cod Commission requires a special permit for turbines up to a maximum height of 70 feet and if the applicant's turbine is taller, then the applicant would go before a special board for additional review. Mr. Posin added that the height factor is tricky. A wind turbine needs to be 30 feet higher than anything around it in order for it to be efficient.
Ms. Warner shared that the location is a factor. If a turbine is placed close to an abutter, the noise issue is the biggest concern. If a turbine is placed further away from the abutter, the visual impact is the biggest concern.
There was extensive discussion concerning the noise level of a wind turbine, how to monitor the sound, and by what means. Would the building inspector be the person to monitor the noise output of turbines? It is difficult to determine what the ambient noise level is for a given place.
The Board then discussed erecting a temporary tower. Mr. Harcourt voiced that this is very expensive and suggested the Town purchasing one for an applicant's use. The applicant could lease it from the Town and erect it at their cost.
Mr. Posin spoke in favor of wind turbines and in support of bigger machines to sustain the town. The Master Plan Survey question geared to solicit information from the community regarding residential wind turbines confirmed that the Town supports turbines; two to one in favor.
Ms. Weidner stated the points of interest that came out of the joint meeting with Chilmark had with the West Tisbury Planning Board. These were improving the permitting process and perhaps identifying certain areas of town to permit turbines (a larger zoning approach),
Ms. Warner suggested using the application process as a teaching tool. Require the applicant to describe the project and confirm that the location chosen is the most appropriate and efficient spot. Possibly have the applicant conduct an energy audit to teach them, the abutters, and the Board about their energy efficiency needs.
Mr. Bill Veno, Martha's Vineyard Commission, discussed the assessment of land in Chilmark. The town assesses property values with views, and with that understanding, a turbine would perhaps negatively affect the property value that is views are compromised by a turbine. Are there areas in town that Chilmark would consider preserving vistas? Mr. Harcourt offered that studies have shown that turbines do not affect property values.
Before concluding the meeting, the Board discussed the abutter notification radius. Presently, the regulations require notification to abutters within 300' of the applicant. It was suggested that immediate abutters to the property of the applicant be notified or at least notification to abutters of abutters. The Board will look into this issue.
It was the sense of the Board that the zoning bylaw amendment is not to discourage applications, but to protect the abutter's rights and the island.
North Tabor Farm
Mathew Dix and Rebecca Miller began the discussion by stating that they are the farmers within the North Tabor Farm Association and they own Farm Lot 1. Farm Lot 2 is now owned by Ben Clark and Farm Lot 3 is now owned by Bonnie Frank. Mr. Dix received a letter from Mr. Clark stating that the Clark's and the Frank's are grantors of the Farm Association and that the document should be revised to reflect that change. In addition, Mr. Clark requested in his letter that the Farm Committee must hold an annual meeting and the Annual Farm Report be updated and produced on an annual basis, as it so states in the agreement. The original owner of Farm Lots 2 and 3 was the grantor of the association but this person no longer owns any property within this subdivision. Mr. Dix and Ms. Miller are asking the
Town if a lease agreement is needed to farm on Farm Lot 3 and who are the grantors of the Farm Committee?
Ms. Weidner outlined the concerns: 1) What are the roles of the Clarks and Franks with regards to the property of Farm Lot 2 and Farm Lot 3, respectively? and 2) Does the Planning Board reconstitute the Farm Committee? If not, who does? How are members contacted?
Mr. Dix and Ms. Miller have sought legal opinion concerning this matter and will forward the legal advice from their attorney to the Planning Board once they receive it. Upon receipt of this information, the Planning Board will seek legal opinion from town counsel.
With no further business to discuss, Ms. Weidner adjourned at 7:05 p.m.
Minutes respectfully submitted by Christina Soulagnet, Administrative Assistant.
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