PLANNING BOARD
FEBRUARY 18, 2009
MINUTES
Members Present: Leslie-Ann Morse-Chairman, Michael Cole-Vice Chairman, Craig Nightingale-Clerk, Don Andersen, Peter McDonald, Howard Sandler, Tom Johnson (Alternate).
Members Absent: Debbie Abbott, Richard Morello.
Staff Present: Sarah Raposa-Town Planner, Melody Gulow-Appeals Clerk.
Chairman called the meeting to order at 5:00 p.m.
Proposed Bylaws for Annual Town Meeting
Wind Facilities
Chairman opened the hearing for public comment on Residential Wind Turbine By-law proposed for Annual Town Meeting. The following addressing the Board with their comments:
1. Paul Lothrop,235 Queen Ann Drive, wondered if the wind facilities bylaw could be used in all districts and on Town-owned land.
2. Cheryl Schwartz, 30 Molls Pond Road, concerned about how permitting turbines will affect the idyllic environment everyone came here for.
3. Tom Murzyn, 220 Locust Road, spoke in favor of having a clean energy resource that is good for the overall population and felt the by-law is fair. Thanked the Board for their work putting it together.
4. Bob Wells, 40 Redberry Lane, asked where the Board got the height numbers.
Chairman responded that they took into consideration the public comments regarding height.
A Motion to close the evidentiary portion of the meeting was made by Howard Sandler and Seconded by Don Andersen.
The Vote: 6-0 In Favor: Andersen, Cole, Morse, McDonald, Nightingale, McDonald, Sandler.
Opposed: None.
A Motion to move the proposed By-law on to the Board of Selectmen was made by Michael Cole and Seconded by Howard Sandler.
The Vote: 6-0 In Favor: Andersen, Cole, Morse, McDonald, Nightingale, Sandler.
Opposed: None.
Municipal Wind Facilities
Chairman opened the hearing for public comment on Municipal Wind Turbine By-law proposed for Annual Town Meeting. The following addressing the Board with their comments:
1. Howard Gostin, 330 Salt Winds, felt three times blade tip or 1200 feet would be more reasonable setback. Recommended taking a look at Vestas Wind Systems, the largest maker of wind turbines giving the Board a copy of their Manual for reference.
2. Paul Lothrop, 235 Queen Ann Drive, made the point that it is difficult to decide how you feel about this if you do not know where they will be put.
Chairman said the proposed re-zoning is not what has been posted or advertised as the topic to be discussed at this public hearing.
Vice Chairman discussed the misinformation that has recently been put out by the press.
Town Planner reminded everyone that the proposed re-zoning should not be discussed tonight as that was not the topic advertised for this public hearing.
3. David Skiba, Herringbrook Road, wondered if groundwater protection was talk about as it had been in previous versions of the bylaw.
4. Fred Fenlon, 40 Baldwin Road, spoke about the monetary benefit to the Town.
5. Bonnie Wendell, 255 Meetinghouse Road, spoke about her thoughts after taking the bus trip to Hull and seeing a functioning wind turbine. She found it to be quiet, clean looking and consequently, is in favor of going forward with them in Eastham.
6. Barbara Nigel, Willy's Gym, is a big supporter of the wind turbines and makes a promise here tonight that anything they can sell to the grid over and above their own usage will be donated to the Town. She also pointed out that being able to reduce what Willy's pays in electric will help them retain all their employees.
7. Tom Conrad, Nauset Regional High School, spoke about the school's ongoing research into wind energy giving some figures relative to the high costs to run the school. They will also be offering new courses on renewable energy at the school and are very much in favor of this effort. He would like to see the height limit go up. Thanked the Board for their efforts.
8. Paul Lothrop spoke again questioning the accuracy of Mr. Conrad's figures.
9. Greta Norgeot, Orleans, asked to address Board and was declined by Chairman stating this meeting is primarily for the Eastham residents and some of that time had already been courteously extended to Mr. Conrad.
10. Lauren Preston Wells, 135 Oak Leaf Road, concerned that the human aspects are getting lost in the financial concerns. This bylaw is less protective than last year's proposed bylaw. Studies are showing that these turbines do negatively impact people living near them and to forge ahead without concern for the citizens is not right. To do no harm should be taken seriously.
11. David Bushley, 480 Dyer Prince Road, has done some research using scientific and government resources, German Wind Energy Institute, Vestas and a study done by Minnesota Public Utilities. He asked the Board to look at some of these calculations and consider increasing the setback requirements. He submitted a statement dated 2/18/09.
12. Kathleen Schrock, 45 Starlight Lane, asked that provision for a variance be put in the bylaw.
Chairman noted that M.G.L. Ch. 40A Sections 9, 10 already provide for variances and/or waivers.
13. Traute Bushley, 480 Dyer Prince Road asked what the Town has in mind in the future and how the process will work.
Board member Howard Sandler said the process is already in place under Section XIII and when an application is put into the system everyone gets to put forth comment. It is reviewed by the Board of Health and the Conservation Commission and if they say no, it will not be able to go forward.
14. Denise Kopasz, 650 Cable Road, asked if any of this applies to the high school and said we need to value the seashore and the impact this would have on it.
Chairman confirmed that the high school is not exempt from the Town bylaws.
15. Roger Patskanick, 10 Wood Duck Lane, said he also went to Hull to see the turbine there and he thinks this is a great idea. Eastham is the only town without a municipal water supply and he would ask that we not be left out on this too.
16. Andy Wells, 135 Oak Leaf Road, said the preamble of the bylaw says "protects" and he has been doing a lot of research and has never seen standards as lenient as those proposed here not even in the state bylaw. He asked what had changed that the noise decibels should move from 5 to 10. The noise of the turbine is more annoying than other noises due to its continuous thumping and as such, it must be regulated. As the Board has proposed something different here from last year's bylaw, they should explain their reasoning for such changes. He felt the high school studies in relation to sound have ignored the scientific studies over the last ten years.
Chairman responded that the 10 decibels was taken from the Code of Massachusetts Regulations CMRs .
17. Gail Hoffman, 80 Dyer Prince Road, wants to lay to rest Rock Harbor as a possible site for a turbine. The anxiety as to what might happen in that area has been great and she would ask that the Board take that area out of any considerations.
18. Phil Hesse, 230 Cross Cart Way, concerned about the zoning and pointed out that Eastham already has a noise code and what would take precedent here. He questioned the lighting regulations conflicting with the flicker from the turbines and said he sees a muddling of things and an attack on the core principles of residential zoning in the Town.
Chairman responded that any applicant would need to comply with both the noise code and wind turbine bylaw provisions.
19. Fred Fenlon again addressed the Rock Harbor issue pointing out that the distance required to connect to the grid would make it impossible to locate a turbine there.
20. Howard Gostin, 330 Saltwinds Drive, said perhaps this should not even be considered in a densely populated area such as we have in Eastham.
Chairman reiterated that the Planning Board was asked to do this bylaw by the Board of Selectmen. The Planning Board did not decide whether wind turbines belonged in Eastham or not but just did what they were asked to do.
A Motion to close the evidentuary portion of the meeting was made by Howard Sandler and Seconded by Michael Cole.
The Vote: 5-0 In Favor: Andersen, Cole, Morse, Nightingale, Sandler.
Opposed: None.
Board Member Peter McDonald not present.
Town Planner recommended continuing this to date certain of March 9, 2009.
Vice Chairman said the Board should take time to consider the comments made and as they do not now have the full Board with Peter MacDonald gone, the vote to send these to the Board of Selectmen should be continued to March 9, 2009. He also pointed out that the bylaws being drafted are "workable bylaws only" as the Planning Board is not a scientific board. The Planning Board was given at the last Annual Town Meeting the right to hire at the applicant's expense a professional for fact gathering when necessary to make an informed decision.
A Motion to continue this public hearing to March 9, 2009 was made by Howard Sandler and Seconded by Michael Cole.
The Vote: 5-0 In Favor: Andersen, Cole, Morse, Nightingale, Sandler.
Opposed: None.
A Motion to adjourn was made by Michael Cole and Seconded by Craig Nightingale.
The Vote: 5-0 In Favor: Andersen, Cole, Morse, Nightingale, Sandler.
Opposed: None.
Meeting adjourned at 6:30.
Respectfully submitted,
Craig Nightingale, Clerk
Eastham Planning Board
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