Chilmark Planning Board Minutes
Public Meeting @ 4:30 p.m. , 5:30 p.m.
Monday, January 12, 2009
Final
Present: Janet Weidner, Chairperson; Russell Walton, Mitchell Posin, William Meegan,
Richard Osnoss, Tim Lasker, John Flender
Todd Christy, Administrative Assistant
Absent: None
Public: Wendy Weldon, Abby Rabinovitz, Phil and Fran Demers, Richard Potts
Call To Order
Janet Weidner, Chairperson, opened the meeting at 4:35 p.m.
Public Hearing: Wind Turbine Zoning Bylaw Discussion:
Ms. Weidner opened the Public Hearing by reading the Newspaper advertisement and the guidelines of the hearing.
A letter from Robert Kenney was read aloud and dated Jan. 7, 2009. Mr. Kenney's letter expressed concerns about view and noise of wind turbines in Chilmark. Ms. Weidner gave a quick synopsis of the history of this bylaw discussion.
There was lively discussion among the board members, including discussion with Ms. Weldon. Ms. Weldon is a member of the Zoning Board of Appeals. She acknowledged that the other surrounding towns (Aquinnah & West Tisbury) have relatively unstructured zoning concerning wind turbines. The board also spoke of and discussed the 13 member site review panel that will decide each wind turbine case. Another very interesting idea Mr. Posin proposed involved grouping neighbors together and having a single turbine per 4 lots; clustering. Mr. Flender proposed a provision for turbine approval to only year round residents and Mr. Posin supported with idea of unused energy going back into local grid. The key points of the discussion included:
-Applicant must provide a written energy audit before receiving a permit
-the site review by the 13 member committee/ add decibel rating along with visual impact
-Check Net Metering Law/ Green Community Act Legislation
-Definition of "farm use" as non-commercial/ only for self consumption
-Notes on proposed Zoning Bylaw language: remove "residential and commercial"
Ms. Weidner moved to continue, Mr. Lasker seconded and all ayes to continue until January 26, 2009 at 5:30 pm.
Public Hearing: Noise Abatement Zoning Bylaw Discussion:
Ms. Weidner opened the Public hearing at 5:35 p.m. by reading the advertisement in the paper and the guidelines for the hearing.
Ms. Weidner read aloud a letter from Sheuer/Lipnick expressing concerns about the proliferation of exterior mechanical noises, such as generators, pool circulators and chillers, air handlers and A/C units. Mr. Demers expressed concerns of noise from chillers and A/C units but also loud speakers surrounding pools. He also spoke of weekly exercises generators perform as a noise pollutant. Mr. Lasker brought up the distinction between mechanical noise and party/pool speaker noise. Mechanical noise being a "white" noise in the background and a party being a disturbance. The board questioned what falls into town ordinance and what is Zoning? (There does not exist town ordinance on noise disturbance)Mr. Posin stated that in a more urban environment there exists a greater level of noise tolerance and that should
be considered when looking at sub-3 acre zoned lots. Major points of interest during the discussion included:
-Current Zoning allows noise up to boundary if structure is under height restriction
-How do we address pre-existing/non-conforming older lots with this restriction?
-Redefining "structure" within the zoning
-Placing an envelope around dwelling to contain noise-emanating equipment
-Who is responsible for permitting and control? Building inspector?
At 6:13 pm, the motion was made to continue this discussion.
Ms. Weidner closed the public hearing and continued the Discussion until January 26, 2009 at 6:15 pm
Meeting Minutes
The Board members reviewed the Meeting Minutes of December 8, 2008. Mr. Posin made a motion, Mr. Flender seconded, and all members voted in favor to approve the minutes as amended.
North Tabor Farm
The board read a draft letter to Town Counsel, asking to clarify two points that have been brought before the Planning Board.
The Board commented on North Tabor Farm (NTF) as being well setup and that the lawyers of the three parties in question, (Dix/Miller, Clark, and Franks) should sort out the details. Mr. Osnos feels that NTF has met its obligation as a farm as outlined in its covenants. Ms. Weidner suggested the reconstituting of the Farm Committee that established NTF. Mr. Walton suggesting contacting two people; Mr. Wilcox (former Dukes County Agriculture Agent) and Mr. Liptack (District Conservationist with the National Resources Conservation Service) for their input on the Farm Committee. The board agreed that they support the original framework and covenants of the NTF. After some discussion about town Counsel's role, it was thought best to send the letter to Ron Rappaport for his opinion on the matter. There was discussion concerning
reconstituting the Farm Committee by appointing a new member with the help of the Conservation Commission. How was the Farm Committee originally set up?
Releases Signed
-Howland release (Map 34, lots 1.1 and 1.2) signed
-Lot release for High Meadow Homesite ( Map 7, lot 21.2) Question of wording, "the clock shall stop". The board did discuss this language.
-Draft -Amendment Certificate for Emin/Jenkinson Subdivision ( Map 13, lot 10) voted on and approved in principle.
Administrative:
The Board was given a quick update as to the status of Nabs Corner and Middle Line Road.
-Nabs Corner will have new curb cuts and driveway access off South Road. Percolation tests scheduled.
-MLR will begin drilling the ten wells soon.
-Mark London will attend the January 26th, 2009 meeting of the PB.
Next Meeting
The Planning Board will meet next on Monday, January 26, 2009 at 4:30 pm.
With no further business to discuss, Ms. Weidner adjourned at 7:04 p.m.
Minutes respectfully submitted by Todd Christy, Administrative Assistant.
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