PLANNING BOARD
FEBRUARY 25, 2009
MINUTES
Present: Howard Sandler, Craig Nightingale, Debbie Abbott, Don Andersen, Leslie-Ann Morse, Peter McDonald, Tom Johnson-Alternate.
Members Absent: Michael Cole, Alternate-Richard Morello
Staff Present: Sarah Raposa-Town Planner, Melody Gulow-Clerk.
Chairman opened the meeting at 5:00 p.m.
Chairman announced the meeting would address the proposed zoning changes and public comments would be taken one article at a time with no time limits unless it becomes necessary.
Article ###: To see if the Town will vote to amend the Town of Eastham Bylaw Appendix (Zoning District Boundaries) by rezoning Map 08 Parcel 120 (Transfer Station) and Map 08 Parcel 089 (Department of Public Works) from Residential District A to Industrial District C and, further, by rezoning Map 08 Parcel 125 (new Bedford Gas & Electric/NStar) Retail Sales/Service Area D to industrial District C and to amend the Town of Eastham Zoning map to reflect this change.
1. Andy Wells, 135 Oak Leaf Road, pointed out that there is no mention of the future use of the areas but a wind turbine bylaw before the Town specifically does state turbines will be allowed in District C. Also the Commonwealth has passed the Green Communities Act and as he understands that, if a turbine meets the zoning bylaw requirements nothing can stop them from being built and the Planning Board would then have no control. Asked why the Planning Board based their bylaw on the state bylaw rather than on the ad hoc committee recommendations of last year. Then spoke about reported cases of people being disturbed by the wind turbine noise.
Chairman reminded speaker that this meeting is on rezoning not on wind turbines. She explained that the Planning Board is committed to this even without any consideration to turbine installations as this area is being used for industrial use and should be so zoned.
2. Jim Barley, Lupine Way, asked if there are any plans in the works for the areas being rezoned?
Chairman responded that a municipal wind turbine could be put in these areas although there is presently no firm plan to do so.
3. Mark Kane, Old Orchard Road, asked why the change is being made now and what do we gain by changing the zoning. He asked if the public would, in fact, have an extra layer of protection if the zoning is not changed.
Chairman said an applicant wishing to put up a wind turbine would have to go through an extra process to get a change in use in an area not zoned for municipal wind turbines.
4. Paul Lothrop, Queen Ann Drive, asked if the Planning Board could write in that municipal wind turbines are not allowed in the rezoned areas and then everyone would get what they wanted. Or, perhaps the Planning Board could give that as a recommendation to the Board of Selectmen as this bylaw change goes forward.
Previous speaker, Andy Wells, handed a draft of the Green Community Act to the Planning Board for their perusal.
Town Planner commented that the regulations have not been written yet.
A MOTION to close the evidentiary portion of the meeting was made by Debbie Abbott and Seconded by Peter McDonald.
The Vote: 6-0. In Favor: Andersen, Abbott, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
Letter in opposition to this zoning change from Larry and Cheryl Schwartz was read into public record, as they requested. Chairman noted the Planning Board had also received opposition letters from Judith Parmelee and Robert Massafra.
A MOTION to send this proposed Article to the Board of Selectmen was made by Peter McDonald and Seconded by Debbie Abbott.
The Vote: 5-1. In Favor: Andersen, Abbott, Morse, Nightingale, McDonald.
Opposed: Howard Sandler.
Motion Passed.
Article ###: To see if the Town will vote to amend the Town of Eastham Zoning Bylaws by striking and adding the following to Section XIII.B.
See Attached Text
A MOTION to postpone this Article to the March 9, 2009 public hearing was made by Debbie Abbott and Seconded by Don Andersen.
The Vote: 6-0. In Favor: Andersen, Abbott, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
Artcle ###: To see if the Town will vote to amend the Town of Eastham Zoning Bylaws by adding to Section XIII the following:
See Attached Text
Town Planner gave explanation of the proposed lighting bylaw to be put under site plan review regulations commenting that the Town of Orleans has put theirs in with the general bylaws.
Chairman gave the history of the fence bylaw difficulties and was, therefore, inclined to leave this under site plan review. Consensus of the entire Board was to keep it under site plan review as well.
Howard Sandler said we should ask the Board of Selectmen if we could draft an additional bylaw to deal with light issues for the general bylaws as well.
Chairman opened the meeting to public comment.
1. Paul Lothrop, Queen Ann Drive, asked if this bylaw would be retroactive.
Howard Sandler answered in negative stating that that is the trouble and that it would be good to have something retroactive.
Town Planner said the Town of Orleans gave five years for compliance.
2. Stephen Wasby, 85 Limerick, addressed a wording issue with the Article suggesting that in Section A the word "required" be replaced by the word "necessary".
3. Jon March, 35 Old County Road, asked what the chances would be of getting something retroactive into the bylaws. He expressed gratitude to our Town Planner, Sarah Raposa, Town Administrator, Sheila Vanderhoef and the late George Abbott for their work.
A MOTION to close the evidentiary portion was made by Howard Sandler and Seconded by Peter McDonald.
The Vote: 6-0. In Favor: Andersen, Abbott, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
A MOTION to change the word "required" to "necessary" was made by Peter McDonald and Seconded by Debbie Abbott.
The Vote: 6-0. In Favor: Andersen, Abbott, Morse, Nightingale, McDoanld, Sander.
Opposed: None.
Motion Passed.
A MOTION to send this proposed Article to the Board of Selectmen was made by Debbie Abbott and Seconded by Don Andersen.
The Vote: 6-0. In Favor: Andersen, Abbott, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
Article ###: To see if the Town will vote to amend the Town of Eastham Zoning Bylaws by striking the following from Section XII.G.:
See Attached Text
Board explained deleting references to individual sections as an administrative change to prevent having to change the numbering each time something new is added.
No public comment.
A MOTION to close the public comment portion was made by Debbie Abbott and Seconded by Don Andersen.
The Vote: 6-0. In Favor: Andersen, Abbott, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
A MOTION to send this Article to the Board of Selectmen was made by Debbie Abbott and Seconded by Peter McDonald.
The Vote: 6-0. In Favor: Andersen, Abbott, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
Article ###: To see if the town will vote to amend the Town of Eastham Zoning Bylaws by adding the following definitions to Section III.
A MOTION to close the public comment portion was made by Peter McDonald and Seconded by Debbie Abbott.
The Vote: 6-0. In Favor: Andersen, Abbott, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
A MOTION to send this Article to the Board of Selectmen was made by Howard Sandler and Seconded by Peter McDonald.
The Vote: 6-0. In Favor: Andersen, Abbott, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
Paul Lothrop asked to hear the other two opposition letters. Howard Sandler gave him copies stating that the opposition letter read into record was the only one requesting such.
Minutes
A MOTION to approve the December 10, 2008 Minutes as presented was made by Debbie Abbott and Seconded by Don Andersen.
The Vote: 6-0. In Favor: Andersen, Abbott, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
A MOTION to approve the December 16, 2008 Minutes as presented was made by Debbie Abbott and Seconded by Howard Sandler.
The Vote: 6-0. In Favor: Andersen, Abbott, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
A MOTION to approve the December 30, 2008 was made by Debbie Abbott and Seconded by Don Andersen.
The Vote: 5-0-1. In Favor: Andersen, Abbott, Morse, Nightingale, McDonald.
Abstained: Howard Sandler not present at that meeting.
Opposed: None.
Motion Passed.
Chairman announced the two upcoming meetings, March 9, 2009 at 5:00 p.m. and March 11, 2009 at 5:00 p.m. Town Planner gave an overview of what cases will be addressed at the March 11, 2009 public hearing.
Other Business
Howard Sandler said he voted against the change of zoning for the transfer station because he feels the people do have an argument and although he is not generally swayed there does seem to be something wrong if the Planning Board is doing this with an ulterior motive. He does not think that is right.
Peter McDonald suggested we just state clearly that by making this zoning change a wind turbine could be put in that district in the future.
Chairman remarked she was surprised not more people came out to speak about this.
Town Planner asked if she could put that into the summary to the Board of Selectmen.
Chairman said yes.
A MOTION to adjourn was made by Howard Sandler and Seconded by Peter McDonald.
The Vote: 6-0. In Favor: Andersen, Abbott, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
Meeting adjourned at 5:45 p.m.
Respectfully submitted,
Craig Nightingale, Clerk
Eastham Planning Board
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