PLANNING BOARD
March 9, 2009
MINUTES
Present: Howard Sandler, Craig Nightingale, Michael Cole, Debbie Abbott, Don Andersen, Leslie-Ann Morse, Peter McDonald, Tom Johnson-Alternate.
Members Absent: Richard Morello-Alternate
Staff Present: Sarah Raposa-Town Planner
Chairman opened the meeting at 5:02 p.m. Chairman announced the meeting would address the continued proposed zoning bylaw changes.
Municipal Wind Facilities - Continued from February 18, 2009
The evidentiary portion of the hearing was closed so Chairman Morse asked if there were any comments from the Board. Howard Sandler wanted it known that although he voted against the proposed rezoning article he does not object to the rezoning but does object to the way the Planning Board handled it. Leslie-Ann Morse and Peter McDonald agreed that the Planning Board had been discussing it for a few years, but it just happened that both articles were being proposed now and the Planning Board did not intentionally hide anything. Leslie-Ann Morse further commented that she will ask the Town Administrator to place the rezoning article on the warrant after the wind turbine articles and that Howard Sandler's objection was noted.
Leslie-Ann Morse asked the Board if they wished to comment on heights, setbacks, or districts. Mike Cole noted that, although those topics were the chief complaints, there were positive comments as well. Mike Cole described the area necessary to accommodate 250' and 200' turbines (just under 13 acres, sited in the center and 8 ? acres, respectively).
Mike Cole discussed the rationale for why particular districts were chosen for inclusion. Howard Sandler commented on Fred Fenlon's statement at the hearing on February 25, 2009 about District B not being feasible because it is not in proximity to transmission lines and that maybe it should be eliminated. Don Anderson agreed although admitted technology will improve to make it more feasible. Peter McDonald said that the Planning Board doesn't consider economics when drafting bylaws. Selectmen McDonald commented from the audience that Rock Harbor is a parking lot and an open area and that prevailing winds would allow for a smaller turbine. Leslie-Ann Morse asked the Board whether to remove or keep District B in the bylaw. Consensus from the Board was to keep it.
A MOTION to send this proposed Article to the Board of Selectmen was made by Peter McDonald with the recommendation that the Board of Selectmen try to sell the bylaw. Motion not Seconded. Mike Cole suggested that they discuss that separately.
A MOTION to send this proposed Article to the Board of Selectmen was made by Debbie Abbott and Seconded by Craig Nightengale.
The Vote: 7-0. In Favor: Andersen, Abbott, Cole, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
Chairman Morse told the Board that she will be attending the Board of Selectmen's meeting on March 16, 2009 to talk about the proposed bylaws. Peter McDonald said that the Board of Selectmen does not often request that the Planning Board draft bylaws and that these are clearly controversial.
Amending Section XIII.B. - Continued from February 25, 2009
Chairman Morse reported that she and Vice-Chair Mike Cole met with the Chair and Vice-Chair of the Zoning Board of Appeals (as well as the Building Inspector and Town Planner) to discuss the proposed article. Mike Cole discussed the process outlined by the meeting whereas when applicants require variances and site plan approval the Planning Board cannot legally make a decision. Under the new language, the Zoning Board of Appeals will be invited to the Planning Board meeting so that both Boards can hear the case and the factors that go into each Board's decisions. The Planning Board will continue its meeting until the Zoning Board of Appeals makes its vote on a variance request.
A MOTION to send this Article to the Board of Selectmen was made by Howard Sandler and Seconded by Mike Cole.
The Vote: 7-0. In Favor: Andersen, Abbott, Cole, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
Other Business
Howard Sandler wondered if there were any comments from the audience. Mark Kane, Old Orchard Road, was at the hearing on February 25, 2009, and appreciated Howard's comments at the beginning of the meeting. Marylin Miller asked if Paul Lothrop's question about amending the bylaw to exclude turbines at the DPW or Transfer Station would be addressed. The Chair responded in the negative saying that would be a different bylaw.
A MOTION to adjourn was made by Howard Sandler and Seconded by Peter McDonald.
The Vote: 7-0. In Favor: Andersen, Abbott, Cole, Morse, Nightingale, McDonald, Sandler.
Opposed: None.
Motion Passed.
Meeting adjourned at 5:35 p.m.
Respectfully submitted,
Craig Nightingale, Clerk
Eastham Planning Board
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