These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law – Section III.
Board Members: Malcolm MacGregor, Paul McAlduff, Loring Tripp, III, and Marc Garrett.
Planning Board Alternate: Timothy Grandy
Staff Members: Valerie Massard
Recording Secretary: Eileen Hawthorne
Lee Hartmann introduced Caroline Quidort, the newest Town Planner to the Planning Board. The Board welcomed Ms. Quidort and looks forward to working with her in the future.
Loring Tripp requested a moment of silence to honor those lost on September 11, 2001.
Form A’s:
A4225 – Map 43, Lot 13 (2.16A), Bay Shore Drive – subdivide into lots 13-1 (.61A) and 13-2 (1.55A)
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (4-0).
A4226 – Map 26, Lots 4, 5, 6A and 6B, Sandwich Street – combine lots 4, 5, 6B and a portion of 6A to create Lots 5-1 (3.15A) and the remainder of lot 6A to become 6-1 (25,002 sf),
Marc Garrett moved for the clerk to sign the plan; the vote was (3-0-1) with Loring Tripp in abstention.
A4209 Revised for Land Court – Land Court requested revisions on the previously submitted Form A 4209, which subdivided Lot 35A-12, on Map 120, Firehouse Road.
Loring Tripp moved for the clerk to sign the plan; the vote was unanimous (4-0).
BOA 3385 - Smerczynski
Pine Mountain Drive – SP to waive rear setback
Valerie Massard presented a request for a special permit to waive the rear setback requirements in order to construct additional living space (27’x17’ with a 7.3’x10’ ell) on an existing single family home. The additional space would be for a living room, mud room and fire place.
Joy Smerczynski stated that she had contacted abutters and there is no opposition.
Loring Tripp moved to recommend approval to the Zoning Board of Appeals subject to the following condition:
The architecture and materials of the addition shall be consistent with that of the existing dwelling as depicted in the petitioner’s submitted architectural sketches.
The vote was unanimous (4-0).
Joan Bartlett, Open Space Committee informed the Board that the committee is not presenting any articles at the October Town Meeting.
Zoning Workshop
Town Meeting Articles, Spring 2007
Lee Hartmann began the review of proposed articles for the 2007 Spring and Fall Town Meetings. Mr. Hartmann also suggested that the Board initiate a study on the rezoning of industrial/commercial land. The proposed articles for Spring, 2007 are continue working on the Transfer of Development Rights, review and revise the Prevention of Light Pollution bylaw and adopt bylaw and a real estate tax reduction program for Historic buildings. The proposed articles for Fall, 2007 are reviewing the parking space requirements and create a formal site plan review process.
Loring Tripp supported drafting an impact fee bylaw if the State passes the proposed home rule legislation that was submitted three years ago. Mr. Tripp also supported working on the home rule petition for a tax cap for the elderly using the same income guidelines as those required for an elderly exemption. Another home rule petition that was passed by Town Meeting and is stalled at the State level is exempting towns from Chapter 40B requirements that have adopted inclusionary bylaws.
Paul McAlduff was supportive of continuing to pursue the impact fee legislation as developers would like to know what the impact fees would be ahead of time. Mr. McAlduff questioned how unoccupied historic homes are taxed. Mr.McAlduff suggested that while reviewing the parking space requirements language be added that would require a portion of the parking fees being set aside toward a parking garage.
Mr. Hartmann replied that most unoccupied historic homes that are open to the public are owned by non-profit entities and are exempt from local and state taxes. A proposed bylaw would include a definition of a “historic” building. The proposed tax abatement would be for owner occupied historic residences. Mr. Hartmann stated that the parking fees are up to the Board of Selectmen and that a study would have to be done to determine a reasonable increase to the fees.
Malcolm MacGregor was supportive of the list. Mr. MacGregor’s only suggestion was to move the proposed review of residential building size/FAR restrictions to the forefront.
Public Hearing – B540, Zion Hills
Off Long Pond Road (to be continued to the 18th for full Board)
Loring Tripp moved to continue the Public Hearing to the September 18, 2006 at 8:00 p.m.; the vote was unanimous (4-0).
Public Hearing – Town Meeting Articles (cont. from 8/26/06)
TDR – MURA
Lee Hartmann stated that three areas have been proposed as receiving areas and that the new receiving areas would be defined as overlay districts. The design guidelines are still being drafted and the steering committees are still reviewing the proposed language.
Paul McAlduff moved to continue the TDR public hearing to September 18, 2006 at 7:30 p.m.
Marc Garrett suggested strengthening the language on page 2, section (b) regarding “Planning Board facsimiles thereof”. He felt that the definitions should be stronger.
Mr. Hartmann stated that the design standards will further define the building requirements.
The vote was unanimous (4-0).
Town Land Inventory
Ms. Massard informed the Board that the information for the Town land inventory was due today and she received a few responses. Ms. Massard stated that the advertisement for the committee members will be submitted to the newspaper shortly and that she is hoping to prepare a summary and overview of corrections for the Board
Loring Tripp suggested including any other committee vacancies in the ad for the Town land inventory committee members.
B509 – The Trails
Ms. Massard presented a request for a tri-party agreement in the amount of $105,420.00 and a release from the covenants of the following lots:
17-13, 17-14, 17-15, 17-16, 17-17, 17-18, 17-19, 17-20, 17-20A, 17-21, 17-22, 17-23, 17-24, 17-25, 17-26, 17-27, 17-28, 17-29, 17-30, 17-31, 17-32 and 17-33
Marc Garrett moved for the Board to enter into the above-mentioned tri-party agreement and to release the above-mentioned lots; the vote was unanimous (4-0).
B340 – Priscilla Beach Road
Patrick Farah presented a request for a performance guarantee release in the amount of $9,000.00 for work completed on Priscilla Beach Road.
Loring Tripp moved to release $9.000.00 from the guarantee funds for the work completed in the above-mentioned subdivision; the vote was unanimous (4-0).
Public Hearings – Town Meeting Articles (cont. from 8/26/06)
Wind Energy Facilities
Lee Hartmann presented the proposed changes to the wind energy bylaw that would require ten (10) acres for any facility to be constructed, under “Administration” language was added that regarding the special permit for height requirements and under “Other requirements (#13)” language that requires a balloon or crane test or another height marker.
Valerie Massard reviewed the map that was submitted in the Board’s packets that showed under the 10 acre minimum, many sites would be eligible but may not have sufficient wind capacity. The map focused on the wind velocity in the Town.
Marc Garrett suggested adding a formula to determine minimum lot size for multiple structures and that the ice throw needs to be considered.
Loring Tripp suggested that three times the hub height is recommended per structure.
Mr. Hartmann stated that a minimum acreage would only limit the number of potential sites and that the issues regarding setbacks and property boundaries need to be defined.
Loring Tripp moved to define the minimum lot size as ten acres; the vote was (4-0).
Loring Tripp moved to recommend support of the following language for the Wind Energy bylaw as to Town Meeting as follows:
Underlined words to be added
Strikethrough words to be deleted
§ 205-73 Wind Energy Facilities [Added 10-24-05 FTM by Article 22]
A. Purpose. The purpose of this bylaw is to encourage by special permit the use of wind energy and to minimize the impacts of wind facilities on the character of neighborhoods, on property values, on the scenic, historic, and environmental resources of the Town; and to protect health and safety, while allowing wind energy technologies to be utilized.
B. Definitions.
WIND FACILITY - All equipment, machinery and structures utilized in connection with wind-generated energy production and generation, including accessory transmission, distribution, collection, storage or supply systems whether underground, on the surface, or overhead and other equipment or byproducts in connection therewith and the sale of the energy produced thereby, including but not limited to, wind turbine (rotor, electrical generator and tower) and accessory anemometers (wind measuring equipment), transformers, substation, power lines, control and maintenance facilities, site access and service roads.
WIND FACILITY, MUNICIPAL - A wind facility located on town owned property which is designed to provide its electrical output, or of the value thereof, for the use or benefit of the town and without regard to the ownership of the structure or equipment. A third party may own and operate with an agreed upon financial percentage of revenues benefiting the town.
CAPACITY FACTOR - The wind turbine's actual energy output for the year divided by the energy output if the machine operated at its rated power output for the entire year.
Location and area requirements.
A wind facility may be erected by special permit subject to Environmental Design Conditions on land that contains a minimum of ten (10) acres. The SPGA (Special Permit Granting Authority) may allow more than one wind turbine if it determines that the location is favorable to the clustering of wind turbines.
D. Planning Principles and design requirements.
Unless otherwise expressly provided by this section of the bylaw all requirements of the underlying zoning district shall apply and in addition the following design standards shall apply:
(1) All equipment necessary to monitor and operate the wind facility should be contained within the turbine tower unless technically infeasible. In which case, ancillary equipment may be located outside the tower, provided it is contained either within an underground vault, or enclosed within a separate structure or behind a year-round landscape or vegetated buffer.
(2) All utility connections from the wind facility site shall be underground except to the extent that underground utilities are not feasible in the determination of the SPGA. Electrical transformer for utility interconnections may be above ground if required by the utility provider.
(3) Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility.
(4) Wind turbines shall be lighted only if required by the Federal Aviation Administration (FAA). The proponent 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 (except lighting required by the FAA) shall be shielded from abutting properties.
(5) The wind facility shall be set back no less than a distance equal to the overall height of the wind turbine from the nearest lot line and shall be a minimum of 100 feet from any lot line. For purposes of calculating setbacks, the overall height of a wind turbine, the total height shall be measured from the average natural grade within the footprint of the supporting structure, to the uppermost extension of any blade or other part of the wind turbine.
(6) Wind facilities shall have a maximum height of 350-feet, as measured from the natural grade to the top of the hub were the rotor attaches.
(7) Wind facilities shall be a neutral, non-reflective color designed to blend with the surrounding environment.
(8) Noise. Except during short-term events such as high windstorms or utility outages, noise from the proposed wind turbine shall not exceed 60 dBA as measured from the nearest property line. This standard may be met through a 600-foot setback from the nearest property line. Reductions may be granted by the SPGA if the applicant can demonstrate through scientific analysis that the noise levels will not exceed 60 dBA at the property line.
(9) Shadowing/Flicker. The wind facility shall be sited in a manner that does not result in significant shadowing or flicker impacts. The proponent has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.
(10) Removal. The owner or his successors in interest shall remove any wind facility the use of which has been discontinued. At the time of removal, the wind facility site shall be restored to its natural state or to any other legally authorized use. All wind turbines and appurtenant structures shall also be removed. The SPGA shall require that escrow account or other suitable surety be established to ensure adequate funds are available for removal. Municipal wind facilities shall be exempt from the surety requirement. The amount of such surety shall be equal to 150 percent of the cost of compliance with this section. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a
mechanism for a Cost of Living Adjustment after 10 and 15 years.
(11) The wind facility shall be designed to prevent unauthorized site access.
E. Administration.
For this Section of the Zoning Bylaw, the Zoning Board of Appeals shall be the special permit granting authority (SPGA). In reviewing a Wind Facility, the SPGA shall be governed by the special permit and environmental design conditions and procedures as specified in § 205-9.
A special permit may be granted under this section if the SPGA finds that each of the design standards set forth have been met and that
1. There is no feasible alternative to the proposed height,
2. It is the minimum necessary
3. There is a clear and specific public benefit which may be realized only by exceeding 35 feet in height, and
4. The proposed structure will not in any way detract from the visual character or quality of the adjacent buildings, the neighborhood or the Town as a whole.
the location and design of the wind facility is suitable and that the size and height are the minimum necessary for that purpose.
The SPGA may impose, in addition to any applicable conditions specified in this section, such conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this section, including, but not limited to: screening, lighting, fences, modification of the exterior appearance of the structures, limitation upon size, method of access or traffic features, parking, removal upon cessation of use or other requirements.
The applicant must demonstrate that the wind facility operates at a capacity factor in excess of 25 percent.
The SPGA may require the proponent to provide or pay for professional consultants to evaluate the proposal to determine the acceptability of geographic location, to analyze the loading capacities of the proposed structures, and to review camouflage and screening techniques.
F. Application for Special Permit. The following information must be submitted for an application to be considered complete:
(1) A locus plan at a scale of 1" = 200' which shall show all property lines, the exact location of the proposed structure(s), street landscape features, dwellings and other structures within one-hundred (100) feet of the property line.
(2) A one-inch-equals-40 feet vicinity plan, signed and sealed by a Registered Professional Engineer or Licensed Surveyor showing the following:
a) Property lines for the subject property and all properties adjacent to the subject property within 300 feet.
b) Outline of all existing buildings, including purpose (e.g., residential buildings, garages, accessory structures, etc.) on subject property and all adjacent properties within 300 feet. Distances, at grade, from the proposed wind facility to each building on the vicinity plan shall be shown.
c) Proposed location of the wind facility, including all turbines, fencing, associated ground equipment, transmission infrastructure and access roads.
(3) Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet including driveways proposed to serve the wind facility.
(4) All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways,
(5) Representations, dimensioned and to scale, of the proposed facility, including cable locations, parking areas and any other construction or development attendant to the wind facility.
(6) Tree cover and average height of trees on the subject property and adjacent properties within 300 feet.
(7) Contours at each two feet Above Mean Sea Level (AMSL) for the subject property and adjacent properties within 300 feet.
(8) Representation of location of viewpoint for the sight-line diagram referenced below.
(9) Sight lines and photographs.
a) Sight-line representation. A sight-line representation shall be drawn from representative locations that show the lowest point of the turbine tower visible from each location. Each sight line shall be depicted in profile, drawn at one inch equals 40 feet. The profiles shall show all intervening trees and buildings. There shall be at least two sight line representations illustrating the visibility of the facility from surrounding areas such as the closest habitable structures or nearby public roads or areas.
b) Existing (pre-development) photographs. A color photograph of the current view shall be submitted from at least two locations to show the existing situation.
c) Proposed (post development). Each of the existing-condition photographs shall have the proposed wind facility superimposed on it to accurately simulate the proposed wind facility when built and illustrate its total height, width and breadth.
(10) Elevations. Siting elevations, or views at-grade from the north, south, east and west for a 50-foot radius around the proposed wind facility.
(11) Materials.
a) Manufacturer’s specifications for the proposed wind facility shall be provided for all equipment and attendant facilities.
b) Component materials of the proposed wind facility specified by type and specific treatment.
c) Colors of the proposed wind facility represented by a color board showing actual colors proposed.
(12) Landscape plan. A Landscape plan including existing trees and shrubs and those proposed to be added or removed, identified by size of specimen at installation and species.
(13) Other requirements.
a) Confirmation that the wind facility complies with all applicable Federal and State standards.
b) If applicable, a written statement that the proposed wind facility complies with, or is exempt from applicable regulations administered by the Federal Aviation Administration (FAA), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health.
c) Within 30 days of the pre-application conference, or within 21 days of filing an application for a Special Permit, the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time and location of such test shall be advertised in a newspaper of general circulation in the town at least 14 days, but not more than 21 days prior to the test.
The vote was (4-0).
Loring Tripp moved to adjourn at 8:15 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: October 2, 2006
Administrative Assistant
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