Town of Eastham MA - Minutes ATM May 2009

Minutes ATM May 2009

Minutes for the Annual Town Meeting held May 4, 2009

Pursuant to the provisions of the foregoing warrant, the voters assembled at the Nauset Regional High School Auditorium to vote on the following articles with actions as noted. The Moderator called the meeting to order at 7:10 p.m. with a quorum of 211 voters present. The Clerk read the call of Town Meeting.

Article 1. A motion was made and seconded by the Board of Selectmen to raise and appropriate $1,200 for Greenhead Fly Control as authorized by Section 24, Chapter 252 of the General Laws, and authorize the Town Treasurer to pay said appropriation into the State Treasury.

Passed – Declared unanimous vote by Moderator

Article 2. A motion was made and seconded by the Board of Selectmen to assume liability in the manner provided by Sections 29 and 29A of Chapter 91 of the General Laws, as most recently amended for all damages that may be incurred by the department of Environmental Protection of Massachusetts for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, great ponds, harbors, tidewaters, foreshore and shores along a beach, in accordance with Section 11 of Chapter 91 of the General Laws, and authorize the Selectmen to execute and deliver a bond of indemnity therefore to the Commonwealth of Massachusetts.

Passed – Declared unanimous vote by Moderator

Article 3. A motion was made and seconded by the Board of Selectmen to accept the provisions of General Law, Chapter 71, Section 16B, which would reallocate the sum of member towns’ funding obligation for the Nauset Regional School District in accordance with the Regional Agreement rather than the Education Reform Formula, so-called for fiscal year 2011.

Passed – Declared majority vote by Moderator

Article 4. A motion was made and seconded by the Board of Selectmen to reauthorize the Council On Aging/Adult Day Center Revolving Account, through the Town Accountant’s office, in accordance with Massachusetts General laws, Chapter 44, Section 53E On Aging director in order to place anticipated revenues collected from program income which shall be used to further the operation of programs under the Council On Aging/Adult Day Care, and to establish the limit on expenditures from said account for Fiscal Year 2010 at $15,000.

Passed – Declared unanimous vote by Moderator

Article 5. A motion was made and seconded by the Board of Selectmen to reauthorize the Recreation Bottles and Cans Revolving Account, through the Town Accountant’s office, in accordance with Massachusetts General Laws, Chapter 44, Section 53E eclared unanimous vote by Moderator

Article 7. A motion was made and seconded by the Board of Selectmen to appropriate and transfer from Free Cash $97,294 to pay the Town of Eastham’s share of capital expenses for Nauset Regional School District for capital improvements in FY10, replacement of the heating system at the high school as previously shown on the multi-year capital improvement plan for the Nauset Regional School District.

Passed – Declared unanimous vote by Moderator

Article 8. A motion was made and seconded by the Board of Selectmen to appropriate and transfer from free cash so called, $50,000 to the Stabilization Fund as provided under General Law 40, 5B.

Passed by necessary 2/3 vote as declared by Moderator

Article 9. A motion was made and seconded by the Board of Selectmen to apply for membership in the Cape & Vineyard Electric Cooperative, Inc. under such terms and conditions as may be appropriate.

Passed – Declared majority vote by Moderator

Article 10. A motion was made and seconded by the Board of Selectmen to appropriate and transfer from Free Cash $10,000 to the Eastham Promotions Fund to be expended by the Visitor Services Board on the following items: $7,500 for Monday concerts including sound system rental and promotional materials, $600 for beautification projects including donation to EFFI (Island Plantings) and holiday decorations and $750 for holiday decorations, and $1,150 for bikeway trail maps.

Passed – Declared majority vote by Moderator

Article 11. A motion was made and seconded by the Board of Selectmen to fix the salary and compensation of all elected officials of the Town as provided by Section 108, Chapter 41 of the General Laws as amended, and further to raise and appropriate $142,990 for the following positions:

Moderator $ 150.00

Town Clerk $ 61,610.00

Treasurer/Tax Collector $ 73,730.00

Selectmen (5) $1,500 each $ 7,500.00

Total $142,990.00

Passed – Declared majority vote by Moderator

Article 12. A motion was made and seconded by the Board of Selectmen to set the operating budget at $19,005,006, and further to meet this appropriation,

Raise and appropriate and use estimated receipts totaling $18,599,163

Appropriate and transfer from the ambulance receipts reserved account $125,000 to Line 32 Fire

Salaries and $70,476 to Line 34 Fire Capital

Appropriate and transfer from the Windmill receipts reserved account $1,000 to line 76

Appropriate and transfer from the Septic Loan Betterment Account $20,401 Line 83

Appropriate and transfer from Free Cash $61,000 to Line 88 Retirement Assessment

Appropriate and transfer from Free Cash $127,966

And further the Town appropriate and transfer from Free Cash (dog receipts) an additional $2,500 to Line 74

Passed – Declared unanimous vote by Moderator

Article 13. A motion was made and seconded by the Board of Selectmen to expend $531,400 and to meet this appropriation, the Town vote to appropriate and transfer from Free Cash $473,400; appropriate and transfer from Ambulance Receipts Reserved $10,000; appropriate and transfer from Boat Excise Receipts $8,000; and raise and appropriate $40,000 for the purposes of acquiring the items and undertaking the improvements as printed in the warrant.

Passed – Declared unanimous vote by Moderator

Article 14. A motion was made and seconded by the Board of Selectmen to vote in accordance with the requirements of the Town of Eastham Home Rule Charter 6-6A to accept the Capital Improvement Plan for FY2011-FY2015 as printed in the warrant.

Passed – Declared majority vote by Moderator

Article 15. A motion was made and seconded by the Board of Selectmen to appropriate and transfer from Free Cash the sum of $121,830 to cover additional expenses incurred for FY2009 to the following accounts:

Line 27, Bulk Fuel $75,000

Line 55 Snow & Ice Expense $45,330

Line 56 Street lighting Expense $ 1,500

Passed – Declared unanimous vote by Moderator

Article 16. A motion was made and seconded by the Board of Selectmen to appropriate and transfer from Free Cash $75,000, for the period beginning July 1, 2009, to be set aside for the purpose of funding wage increases for union and non-union employees as printed in the warrant.

Passed – Declared majority vote by Moderator

Article 17. A motion was made and seconded by the Board of Selectmen to appropriate three million one hundred and fifty thousand dollars to finance the costs to complete the permit requirements for a town-wide municipal water system, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow three million one hundred and fifty thousand dollars ($3,150,000) under Chapter 44 of the General Laws and/or Chapter 29C of the General Laws or any other enabling authority; that the Treasurer with the approval of the Board of Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and/or otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; and that the Board of Selectmen is authorized to enter into a project regulatory agreement with the Department of Environmental Protection to expend all funds available for the project and to take any other action necessary to carry out the project; provided, however, that this vote shall not take effect until the town votes to exempt from the limitation on total taxes imposed by G.L.c.59, Section 21C (Proposition 2 ; Historical Reserve $ 62,505

Affordable Housing $ 62,505

Budgeted Reserve for Appropriation $437,535

Passed – Declared majority vote by Moderator

Article 19. A motion was made and seconded by the Board of Selectmen to appropriate and transfer from the Community Preservation Historic Reserve $18,900 to the Community Preservation Gravestone Conservation Account for the preservation, restoration and rehabilitation of the Cove Burying Ground and Bridge Road Cemetery including restoration of gravestones in Bridge Road Cemetery, and a ground penetrating radar (GPR) study of the Cove Burying Ground and Bridge Road Cemetery to locate meeting house building remnants, lost graves and markers; with a copy of the restoration project and the GPR study to be submitted to the Community Preservation Act Committee.

Passed – Declared majority vote by Moderator

Article 20. A motion was made and seconded by the Board of Selectmen to appropriate and transfer from the Community Preservation Fund Balance $20,000 to the Community Preservation Administrative Expense Account for the purpose of administrative expenses.

Passed – Declared unanimous vote by Moderator

Article 21. A motion was made and seconded by the Board of Selectmen to vote to appropriate and transfer from Free Cash $12,000 to be given to the Eastham Chamber of Commerce as a grant to help support operations of the Information Booth.

Passed – Declared unanimous vote by Moderator

Article 22. A motion was made and seconded by the Board of Selectmen to authorize the Board of Selectmen to petition the General Court pursuant to the adoption of a town bylaw to permit the collection of a room occupancy rental tax under Chapter 64 Mass Generals Laws.

Article failed to pass required majority vote as

Declared by Moderator

Article 23. A motion was made and seconded by the Board of Selectmen to vote to accept the provisions of MGL Chapter 40 Section 57 and pursuant to this statue adopt this bylaw:

In accordance with the provisions of M.G.L., C.40, §~57, as amended, the Town may deny any application for, or revoke or suspend a building permit, or any local license or permit, including renewals and transfers, issued by any board, officer, department for any person, corporation or business enterprise who has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges, including amounts assessed under the provisions of M.G.L. c.40 §~21D or with respect to any activity, event or other matter which is the subject of such license or permit and which activity, event or matter is carried out or exercised or is to be carried out or exercised on or about real estate whose owner has neglected to pay any local taxes, fees, assessments, betterments or any other municipal charges.

A. The tax collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the "tax collector," shall annually furnish to each department, board, commission or division, hereinafter referred to as the "licensing authority," that issues licenses or permits, including renewals and transfers, a list of any person, corporation or business enterprise, hereinafter referred to as the "party," that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve-month period, and that such party has not filed in good faith a pending application for an abatement of such tax or pending petition before the Appellate Tax Board.

B. The licensing authority may deny, revoke or suspend any license or permit which it has the authority to issue, including renewals and transfers, of any party whose name appears on said list furnished to the licensing authority from the tax collector; provided, however, that written notice is given to the party and the tax collector as required by applicable provisions of law and the party is given a hearing, to be held not earlier than fourteen (14) days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The tax collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the licensing authority with respect to such license denial, revocation or suspension shall be made only for the purpose of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this bylaw shall not be reissued or renewed until the licensing authority receives a certificate issued by the tax collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as the date of issuance of said certificate.

C. Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit, and the validity of said license shall be conditioned upon the satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law.

D. The Board of Selectmen may waive such denial, suspension or revocation if it finds that there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in M.G.L.A. C. 268, §~1, in the business or activity conducted in or on said property.

As limited by Chapter 40 Section 57, this bylaw shall not apply to licenses and permits for the following: open burning, bicycles permits, sales of articles for charitable purposes, children work permits, chubs, associations dispensing food or beverage, dog licenses, fishing, hunting, trapping licenses, marriage licenses, and theatrical events, public exhibition permits.

Passed – Declared majority vote by Moderator

Article 24. A motion was made and seconded by the Board of Selectmen to vote to amend the Town of Eastham Code, Chapter 96 Noise, by deleting Section 96-2 Violations and Penalties in its entirety and in its place adopting fines and penalties for violation of this bylaw as follows:

delete in its entirety Section 96-2 Violations and Penalties, which reads as follows:

96-2 Any person violating this bylaw shall be punished by a fine of not more than $50 for each offense. Prior to any action being taken under this bylaw, a copy of said bylaw will be delivered to the location of the alleged violation and shall be considered a warning.

and replace it with the following:

96-2 Any person or persons violating this bylaw shall be punished as follows:

First Offense – Warning including delivery of a copy of this bylaw.

Second and subsequent offense(s) - $100 fine.

Passed – Declared majority vote by Moderator

Article 25. A motion was made and seconded by the Board of Selectmen to vote to amend the Eastham Zoning By-laws by adding a new Section 20 concerning General Wind Facilities as follows:

Section XX – General Wind Facilities (WFs)

Purpose and Intent.

It is the express purpose of this section to accommodate Wind Facilities (WFs) in appropriate land-based locations, while protecting public health, safety, welfare, the character of neighborhoods, property values, preservation of environmental, historical and scenic resources and minimizing adverse impacts of WFs. All WFs shall require issuance of a special permit by the Planning Board, acting as the Special Permit Granting Authority (SPGA) under Section XIII of the Eastham Zoning By-law. This section is intended to be used in conjunction with other regulations adopted by the Town, including, but not limited to, historic district, special permit, conservation and other applicable by-laws and regulations designed to encourage appropriate land use and environmental protection. Further, it is the express intent of this section that any special permit hereunder granted runs with the land and that any subsequent owner of said land be bound by the terms and conditions of said special permit.

Use Regulations.

WFs shall require a building permit. The construction of any WF may be permitted in all zoning districts, subject to issuance of a special permit by the Planning Board and provided the proposed use complies with provisions of this section and any other applicable provisions of this chapter. Any subsequent change or modification of a WF shall be subject to Planning Board approval of a modification to the original special permit.

Dimensional Requirements
Type: Tilt-up towers, fixed-guyed towers, free standing towers, or other designs may be considered for approval.
Setback: The base of any WF shall be set back from any property line or road layout line by not less than one-hundred percent (100%) of the proposed height of the WF. Guy wires or any WF-related construction not wholly below grade, as may be required by the proposed design, shall be set back at least twenty (20) feet from property lines, and thirty (30) feet from road layout lines.
Height: No WF may exceed seventy-five (75) feet in height, except in District C where they may not exceed one-hundred (100) feet.

District	A	B	C	D	E	F	G	H
Height	75'	75'	100'	75'	75'	75'	75'	75'

General Requirements.
Proposed WFs shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable electrical, construction, noise, safety, environmental and communications requirements.
Maintenance Plan – Appearance and Operation. A written maintenance plan shall be submitted with the application for a special permit for review and approval by the SPGA and shall be made a condition of said special permit. The maintenance plan shall include:

Planned shutdowns. All planned shutdowns for more than three (3) months shall be outlined in the maintenance plan. The WF will not be considered abandoned during these planned shutdown periods.
General maintenance. The general maintenance of the WF as recommended by the manufacturer shall be included in the maintenance plan.
Maintenance of appearance of exterior of the WF.

Complaints. Upon written notification of a complaint detailing non-compliance with the terms of the special permit or the requirements of this chapter, the Building Inspector or his designee shall record the filing of such complaint and shall promptly investigate the complaint. If the Building Inspector determines that the WF is not in compliance, the owner of the property shall be notified in writing to correct the violation. If the violation is not remedied within thirty (30) days from the date of notification, the Building Inspector may require the WF be rendered inactive and shall remain so until such time as the Building Inspector determines the WF is in compliance.

If, upon investigation of said complaint, the Building Inspector determines that the WF is operating in compliance with the special permit and the requirements of this chapter, notice in writing shall be provided to the person who has filed such complaint and to the owner of the property stating that no further action is required, all within thirty (30) days of the receipt of the written notification of complaint. Any person aggrieved by the Building Inspector’s decision may appeal such decision to the SPGA.

Professional consulting fees. The SPGA may retain a technical expert / consultant to review and verify information submitted by the applicant. The cost for such a technical expert / consultant shall be at the expense of the applicant pursuant to Section XII.G of the Eastham Zoning By-law.
All building-mounted turbine applications shall be accompanied by a written certification by a licensed structural engineer that states that the structure to which the turbine is to be fastened is sound and safely able to withstand the installation and continued operation of the turbine.

E. Design Standards

Visual Impact. The applicant shall demonstrate through project siting, facility design and proposed mitigation that the WF minimizes any impact on the visual character of surrounding neighborhoods and the community. This may include, but not be limited to, information regarding site selection, turbine design, buffering and lighting. All electrical conduits shall be underground.
Color. WFs shall be of non-reflective muted colors that blend with the sky, without graphics or other decoration. A single color shall be used on the blades and a single color on the tower.
Equipment Shelters. All equipment necessary for monitoring and operation of the WF shall be contained within the turbine tower. If this is infeasible, at the discretion of the SPGA, ancillary equipment may be located outside the tower, provided it is either contained within an underground vault or enclosed within a structure or behind a year-round landscape or vegetated buffer.
Lighting and Signage.

Wind turbines shall be lighted only if required by the Federal Aviation Administration (FAA). The applicant shall provide a copy of the FAA’s determination to establish the required markings and/or lights for the structure.
Lighting of equipment, structures and any other facilities on site (including lighting required by the FAA, if possible) shall be shielded from abutting properties.
No signage except as allowed by the SPGA.

Guy Wires. Guy wires utilized in the construction of any tower shall be left totally unadorned. Nothing shall be hung from or attached to said wires, except that, in order to prevent unintended contact by persons who may be on the site, they may be wrapped with a colored sleeve only, which shall extend to a height not greater than ten (10) feet above grade.

F. Environmental Standards.

Sound. The WF and associated equipment shall not generate sound in excess of ten (10) decibels (DB) above ambient sound level at the property line. In order to demonstrate compliance with these sound standards, the applicant shall provide to the SPGA, as part of the special permit application, an analysis which is consistent with Massachusetts Department of Environmental Protection guidance for sound measurement (310 CMR 7.10).
Shadow/Flicker Impact. WF shall be sited in a manner that does not result in significant shadowing or flicker impact. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses either through shadow/flicker modeling and/or siting and/or landscaping mitigation.

G. Safety Standards.

No hazardous materials or waste shall be discharged on the site of any WF. If any hazardous materials or waste is to be used on site, there shall be provisions for full containment of such materials or waste. The provisions of this by-law regarding Groundwater Protection Districts shall apply.
Climbing access to any tower shall be limited by placing climbing apparatus no lower than ten (10) feet from the ground.
A Clear Area, being the distance from the lowest point of the blade tip to the ground, shall not be less than fifteen (15) feet.
The wind turbine shall conform to FAA Safety Standards, as amended.
Building mounted turbines may require a safety fence as determined by the SPGA

H. Condemnation

Upon a finding by the Building Inspector that the WF has been abandoned or has been left in disrepair or has not been maintained in accordance with the approved maintenance plan, the owner of said WF shall be notified in writing by certified mail that the WF shall be brought up to standard. If required repairs or maintenance are not accomplished within forty-five (45) days of the date of said notification, the WF shall be deemed condemned and shall be removed from the site within ninety (90) days thereafter. The aforementioned periods of time may be extended at the request of the owner and at the discretion of the Building Inspector. “Removed from site” shall mean:

Removal of the wind turbine and tower, all machinery, equipment, equipment shelters, security barriers and all appurtenant structures from the subject property;
Proper disposal of all solid or hazardous materials and wastes from the site in accordance with local and state solid waste disposal regulations and
Restoration of the location of the wind energy conversion facility to its natural condition, except that landscaping and grading may remain in the after-condition at the discretion of the SPGA.

If an applicant fails to remove a WF in accordance with the provisions of this section, the Town shall have the authority to enter the subject property and physically remove and dispose of the facility. As a condition of the special permit, the SPGA may require the applicant to provide a cash escrow account or bond at the time of construction to cover the costs of removal from the site, as specified in Subsection 1 above, in the event said removal must be done by the Town. The amount of such escrow or bond shall be equal to one-hundred and fifty percent (150%) of the cost of removal and disposal of the WF and restoration of the site. The applicant shall submit a fully inclusive estimate of said costs as part of the special permit application. The escrow account shall be maintained by the Town until the WF is removed by the applicant to the satisfaction of the Building Inspector or until, after due notice to the applicant pursuant to this by-law, the SPGA determines that the applicant has failed to take appropriate measures to remove and dispose of the WF, whereupon the Town may utilize the sums in said escrow account for the purpose of removing and disposing of the WF and restoring the site by such means as it deems appropriate. Any unexpended balance of the escrow account remaining after the Town has completed dismantling / removal of the WF shall be returned to the applicant or the successor(s) in interest.

The motion to amend Article 25 failed to gain majority vote as declared by Moderator

The main motion passed necessary 2/3 majority vote

175 votes required for passage

Hand Count Yes 235 No 28

Article 26. A motion was made and seconded by the Board of Selectmen to vote to amend the Town of Eastham Zoning By-law by adding a new Section 21, concerning Municipal Wind Facilities as follows:

Section XXI – Municipal Wind Facilities (MWFs)

A. Purpose and Intent.

It is the express purpose of this section to accommodate Municipal Wind Facilities (MWFs) in appropriate land-based locations owned by the Town of Eastham, while protecting public health, safety, welfare, the character of neighborhoods, property values, preservation of environmental, historical and scenic resources and minimizing adverse impacts of MWF. All MWF shall require issuance of a special permit by the Planning Board, acting as the Special Permit Granting Authority (SPGA) under Section XIII of the Eastham Zoning By-law. This section is intended to be used in conjunction with other regulations adopted by the Town, including, but not limited to, historic district, special permit, conservation and other applicable by-laws and regulations designed to encourage appropriate land use and environmental protection. Further, it is the express intent of this section that any special permit hereunder granted runs with the land and that any subsequent owner of said land be bound by the terms and conditions of said special permit.

B. Use Regulations.

MWF shall require a building permit. The construction of any MWF may be permitted in zoning districts B, C, and H subject to issuance of a special permit by the Planning Board and provided the proposed use complies with provisions of this section and any other applicable provisions of this chapter. Any subsequent change or modification of a MWF shall be subject to Planning Board approval of a modification to the original special permit.

C. Dimensional Requirements

Type: Tilt-up towers, fixed-guyed towers, free standing towers, building mounted turbines or other designs may be considered for approval.
Setback: The base of any MWF shall be set back from any property line or road layout line by not less than one-hundred fifty percent (150%) of the proposed height of the MWF. Guy wires or any MWF-related construction not wholly below grade, as may be required by the proposed design, shall be set back at least twenty (20) feet from property lines, and thirty (30) feet from road layout lines.
Height: No MWF may exceed two hundred fifty (250) feet in height.

D. General Requirements.

1. Proposed MWFs shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable electrical, construction, noise, safety, environmental and communications requirements.

2. Maintenance Plan – Appearance and Operation. A written maintenance plan shall be submitted with the application for a special permit for review and approval by the SPGA and shall be made a condition of said special permit. The maintenance plan shall include:

a. Planned shutdowns. All planned shutdowns for more than three (3) months shall be outlined in the maintenance plan. The MWF will not be considered abandoned during these planned shutdown periods.

b. General maintenance. The general maintenance of the MWF as recommended by the manufacturer shall be included in the maintenance plan.

c. Maintenance of appearance of exterior of the MWF.

Complaints. Upon written notification of a complaint detailing non-compliance with the terms of the special permit or the requirements of this chapter, the Building Inspector or his designee shall record the filing of such complaint and shall promptly investigate the complaint. If the Building Inspector determines that the MWF is not in compliance, the owner of the property shall be notified in writing to correct the violation. If the violation is not remedied within thirty (30) days from the date of notification, the Building Inspector may require the MWF be rendered inactive and shall remain so until such time as the Building Inspector determines the MWF is in compliance.

If, upon investigation of said complaint, the Building Inspector determines that the MWF is operating in compliance with the special permit and the requirements of this chapter, notice in writing shall be provided to the person who has filed such complaint and to the owner of the property stating that no further action is required, all within thirty (30) days of the receipt of the written notification of complaint. Any person aggrieved by the Building Inspector’s decision may appeal such decision to the SPGA.

Professional Consulting Fees. The SPGA may retain a technical expert / consultant to review and verify information submitted by the applicant and/or successor(s). The cost for such a technical expert / consultant shall be at the expense of the applicant pursuant to Section XII.G of the Eastham Zoning By-law.
All turbine applications shall be accompanied by a written certification by a licensed structural engineer that states that the turbine structure is sound and safely able to withstand the installation and continued operation of the turbine.

E. Design Standards

Visual Impact. The applicant shall demonstrate through project siting, facility design and proposed mitigation that the MWF minimizes any impact on the visual character of surrounding neighborhoods and the community. This may include, but not be limited to, information regarding site selection, turbine design, buffering and lighting. All electrical conduits shall be underground.
Color. MWFs shall be of non-reflective muted colors that blend with the sky, without graphics or other decoration. A single color shall be used on the blades and a single color on the tower.
Equipment Shelters. All equipment necessary for monitoring and operation of the MWF shall be contained within the turbine tower. If this is infeasible, at the discretion of the SPGA, ancillary equipment may be located outside the tower, provided it is either contained within an underground vault or enclosed within a structure or behind a year-round landscape or vegetated buffer.
Lighting and Signage.

a. Wind turbines shall be lighted only if required by the Federal Aviation Administration (FAA). The applicant shall provide a copy of the FAA’s determination to establish the required markings and/or lights for the structure.

b. Lighting of equipment, structures and any other facilities on site (including lighting required by the FAA, if possible) shall be shielded from abutting properties.

c. No signage except as allowed by the SPGA.

5. Guy Wires. Guy wires utilized in the construction of any tower shall be left totally unadorned. Nothing shall be hung from or attached to said wires, except that, in order to prevent unintended contact by persons who may be on the site, they may be wrapped with a colored sleeve only, which shall extend to a height not greater than ten (10) feet above grade.

F. Environmental Standards.

Sound. The MWF and associated equipment shall not generate sound in excess of ten (10) decibels (DB) above ambient sound level at the property line. In order to demonstrate compliance with these sound standards, the applicant shall provide to the SPGA, as part of the special permit application, an analysis which is consistent with Massachusetts Department of Environmental Protection guidance for sound measurement (310 CMR 7.10).
Shadow/Flicker Impact. MWFs shall be sited in a manner that does not result in significant shadowing or flicker impact. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses either through shadow/flicker modeling and/or siting and/or landscaping mitigation.

G. Safety Standards.

No hazardous materials or waste shall be discharged on the site of any MWF. If any hazardous materials or wastes are to be used on site, there shall be provisions for full containment of such materials or waste. The provisions of this by-law regarding Groundwater Protection Districts shall apply.
Climbing access to any tower shall be limited by placing climbing apparatus no lower than ten (10) feet from the ground.
A Clear Area, being the distance from the lowest point of the blade tip to the ground, shall not be less than fifteen (15) feet.
The wind turbine shall conform to FAA Safety Standards, as amended.
Building-mounted turbines may require a safety fence as determined by the SPGA.

A motion was made and seconded by the Planning Board to amend this article by deleting in Section B Use Regulations, inclusion of districts B and C so that such turbines are only considered for District H.

Amendment passed declared majority by Moderator

Original motion as amended passed 2/3 required

majority. 159 votes needed for passage.

Hand Count: Yes 160 No 79

Article 27. A motion was made and seconded by the Board of Selectmen to vote to amend the Town of Eastham Bylaw Appendix (Zoning District Boundaries) by changing Map 08 Parcels 120 and 89 from District A and Map 08, Parcel 125 from D Service and retail to District C, Industrial as follows:

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.

Motion failed 2/3 majority vote required for passage

126 votes needed for passage

Hand Count: Yes 93 No 97

A motion was made and seconded to indefinitely postpone Articles 28, 29, 30, 31, 32, 33 and 34.

Passed – Declared majority vote by Moderator

Article 35. A motion was made and seconded by the Board of Selectmen to accept the published and unpublished reports of Town officers.

Passed – Declared majority vote by Moderator

There were 360 voters present at the close of Town Meeting out of a possible 4223.

There being no further action of Town Meeting, the Selectmen moved and seconded a motion to dissolve Town Meeting at 11:10 p.m. The Moderator declared Town Meeting dissolved after a unanimous vote by voters.

A True Copy Attest:

Lillian Lamperti