Planning Board Meeting
November 5, 2008
Minutes
Members Present: Leslie-Ann Morse-Chairman, Michael Cole-Vice Chairman, Craig Nightingale-Clerk, Debbie Abbott, Don Andersen, Peter McDonald, Howard Sandler, Tom Johnson-Alternate, Richard Morello-Alternate.
Officials Present: Martin McDonald-Selectman, Carol Martin-Selectman.
Staff Present: Melody Gulow-Appeals Clerk.
Chairman opened the meeting at 5:04 p.m. to discuss the proposed Wind Energy By-law explaining this is about the sixth version of a wind energy by-law but the first one done by the Planning Board and tonight the Planning Board is here to entertain public comments about it. Chairman invited the Selectmen present to speak first but they declined.
William Opal, 395 Locust Road, stated he is pleased that the Town of Eastham is fighting through the process to get this done and thinks perhaps what we do here will become a model for other communities. We have a high level of wind available and should make good use of it. He had the following concerns:
1) Setbacks: 120% seems high and the height of the tower should be adequate.
2) Height: No limit specified for smaller parcels of land.
3) Escrow: Disagrees with this as this requirement is adding cost to an already expensive project.
4) Professional Consulting Fees: Again, this adds cost that may discourage people from going forward and we have the expertise within the Town with our Building Inspector who is given the authority to grant permits. We pay for the Building Inspector to carry out and enforce the Zoning By-laws. Mr. Opal stated he is bothered with making the Planning Board which is primarily a legislative board both the executive and judicial rule.
Planning Board Response(s):
Mike Cole: Regarding the escrow, it can be cash or bond.
Chairman: The intension is not to make this more difficult to do. In regard to hiring a professional consultant, the authority was given at the last Town Meeting to the Planning Board and Zoning Board of Appeals to do just that so this language is not even needed to allow that step to be taken if it becomes necessary.
Jack Kitson, 20 Massasoit Road, (distributed letter to the Planning Board with his comments) stated he is a member of the Green Energy Committee but is not speaking on behalf of that Committee tonight but as an Eastham citizen. Regarding the height he would ask that the 65 feet be changed to 100 feet and that the existing 100 feet be changed to 200 feet.
Joe Bianchi, 835 Samoset Road, as a licensed engineer, he recommends changing the height to 90 feet otherwise the efficiency is lost. He addressed setbacks stating that it should be changed to state that setbacks are from established structures as we do not want them falling on any structures so should not just consider the property lines. Also, he would like to see the requirement that turbine plans be certified by a structural engineer and he would hope that all abutters would be made aware of the plans to erect a turbine.
Planning Board Response(s):
Mike Cole: At the time of construction there may be no structure nearby but that might change in the future and this bylaw is dealing only with what can be controlled. He explained that it is already part of the normal process to notify all abutters within a 300-ft radius of a special permit requests being considered.
Alan Ringgold, 385 Mary Chase Road, would like to see 65 feet made 85 feet and the requirement for written accord from all neighbors who will see the turbine.
Joe Mistretta, 1120 Samoset Road, congratulated the Board on the shorter length and more concise wording of this bylaw. He is concerned with the 120% requirement under setbacks and has seen 100% of height as setback requirement in other bylaws. The height requirement of 65 feet needs to specify if that is from the base or the blade tip and he feels the height is overly restrictive. We don't want to see trees being cut down to put these up.
Planning Board Response(s):
Chairman: Ad hoc committee decided height is measured from natural grade to the tip of the rotor blade at its highest point, or blade tip height.
Mike Cole: Bylaw presently being considered by the Commonwealth has 150% setback requirement.
Paul Lothrup, 235 Queen Anne Road, said recently a 6 ton blade from a turbine blew 150 yards and that should tell us how far the blade can go and there are also ice throws to consider so liability is an important factor. The setbacks requirement should be 120 feet minimum and in regard to the sound, he thinks 10 decibels is really stretching it and that 5 decibels is better.
Henry Fischer, 225 Deacon Paine Road, questioned the height of the turbine on Holmes Road and he asked what the height requirement is for a light on a turbine.
Planning Board Response(s):
Howard Sandler: The Holmes Road turbine is 30 feet and the height requiring a flashing light is 100 feet.
George Krouch, 3265 Route 6, stated he is a member of the Green Energy Committee also and he is looking to build a turbine smaller than 65 feet, i.e. 10 or 20 feet. He does have 60-foot trees on his property but he is looking into experimenting with the design and if the Planning Board required a professional consultant to come out and look, there would be nothing to base an inspection on. He recommended a look at the AWEA web site.
Eugene Tierney, 30 Wexford Lane, asked if the Board intends to recommend any type of regulatory inspection and/or liability insurance.
Planning Board Response(s):
Chairman: There will need to be a tickler system set in place for regular compliance inspections.
A Motion to close the public hearing was made by Debbie Abbott and Seconded by Craig Nightingale.
The Vote: 7-0 IN FAVOR: Abbott, Andersen, Cole, Morse, McDonald, Nightingale, Sandler. OPPOSED: None. Motion Passed.
Chairman thanked everyone for their comments.
Chairman announced the next Planning Board Work Session will be held December 4, 2008 from 4:00 to 6:00 p.m. to consider these public recommendations to the Wind Energy By-law.
A Motion to adjourn was made by Mike Cole and Seconded by Debbie Abbott.
The Vote: All in Favor.
Meeting adjourned at 6:05 pm.
Respectfully submitted,
Craig Nightingale, Clerk
Eastham Planning Board
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