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Planning Board Minutes 01/16/2008

Wellfleet Planning Board
Minutes of Meeting and Wednesday, January 16, 2008
Senior Center Conference Room, 7:00 p.m.

Present:  R. Dennis O’Connell, Barbara Gray, Stephen Oliver, Gerald Parent, Alfred Pickard, David Rowell
Absent: Ronald Harper
Also Attending: Alternative Energy Committee Members James Sexton and Griswold “Gooz” Draz

Chairman Dennis O’Connell called the meeting to order at 7:00 p.m.

Starfish Circle – Road Name
Chris Michalak of Starfish Vacation Village was present representing the condo association for a road name change to Starfish Circle.  Planning Board informed Ms. Michalak that the property was one parcel and the road was considered a driveway.  Because it is not a road, it is not eligible for a road name change.  Route 6 is the address for the property and always would be, according to David Rowell.  The only way to create a road is by subdivision, Parent said.  Starfish Village can name the property themselves, but the road name would not appear on the assessor’s map.  Pickard said there could be a problem if the driveway was designated as a named road, asking if anyone would ever want to use that road for frontage. Parent suggested that the Fire Department could work with Starfish Village on an effective numbering system.  Ms. Michalak said the previous fire chief had given them a letter identification system.  Parent had a suggestion to give the property a Spring Valley Rd. address since the mailboxes are now placed at that entrance.    

Wind Turbines
Jim Sexton and Gooz Draz were present to discuss wind turbines and wind tower bylaws. Draz initiated the discussion relating his experience of installing a 60-ft. residential windmill on his property.  Discussion proceeded to total wind tower height, the fall radius, and location possibilities.  A table in last year’s draft bylaw proposal of January 3, 2007 identified locations in all districts but the Central District.  Draz said the fall zone specifications make locations self regulating because of the lot size requirement for this.  

The question arose whether residential and commercial wind towers should have different permitting processes. O’Connell said that the process should be the same.  

Another major question is location specifications.  Sexton said only two locations are available for wind towers of a size that is efficient.  Nevertheless, PB members wanted to consider possible locations in the entire town.  View shed analysis was discussed as a factor in location of wind towers.  How view shed protection could be achieved in a bylaw was questioned.  There was the suggestion that wind turbines be limited to the east side of Route 6 with possible exceptions. O’Connell said that the visual impact from the bay as well as from the land side of Rte. 6 should be considered.

The feasibility of locating a wind turbine at the transfer station; the potential for greater public acceptance of wind towers; and future cost reductions in their installation were discussed.  According to Sexton, present estimated cost to install three turbines at the WhiteCrest/Wellfleet-by-the-Sea location is 8.25 million dollars.

Discussion continued on the possibility of putting view shed criteria into the Special Permitting process; height standards for residential and commercial/ municipal towers; and selling power into the grid.

O’Connell still wanted a determination whether there should be two sets of bylaws for commercial and residential or one basic set of bylaws.  Peterson cited the Bourne Zoning Bylaws which distinguished between the two districts but had one basic bylaw.

Limitation by kilowatts is another possible distinction for a wind turbine bylaw.  This was weighed against height restrictions, land size and view sheds as a determining factor.  O’Connell maintained that restricting height more than power output for a residential tower made sense.  Draz said current bylaw provision for visual impact was open to subjective interpretation.  Sexton suggested that commercial zones could have one height limit and residential another.  

Another suggestion was for an overlay district based on physical characteristics that could be determined. An overlay creates a new zoning district while maintaining the zoning underneath it.  This could create a wind turbine district anywhere, but view shed and aesthetics could be criteria for an overlay.  The wind map could also be used as the overlay guide.  Lot size within that area further restricts properties that could be considered for wind towers.  

Draz commented on the view shed exercise he had participated in at the Lower Cape Roundtable meetings with the National Seashore. He displayed the view shed map that had been developed there.  Discussion turned to National Park Service attitude and acceptance of wind turbines within its boundaries.  The view shed map provided some guidelines for an overlay district.  

Draz reiterated that lot size determines location of wind towers.  He would like to see more definition in the draft bylaw and elaborated on the benefits of using power for all municipal buildings. Excess power could be sold to other NStar customers in Wellfleet and towns beyond, he said.  

Gray recommended revision of the draft bylaw.  She said view shed could be taken into consideration in granting Special Permits.  

Wrapping up the discussion for now, municipal uses and expansion of wind-generated energy; Town Meeting approval of bylaw changes and specific projects; keeping areas of town open for wind towers; and using the Bourne Zoning Bylaws as a model were all reviewed.  The wind turbine bylaw discussion will be continued at future PB meetings.

Sexton discussed the meteorological tower at WhiteCrest and the offers that MTC (Mass Tech Collaborative) made for development of wind turbines in the area.

ANR #08-01 – Old King’s Highway (Map 15, Parcel 45)
PB considered ANR #08-01 for Tamara Dickinson Colvin at 2046 Old King’s Highway.  The property would be divided into two lots with frontage on Old King’s Highway.  Gray moved to deem the plan an ANR.  O’Connell seconded.   
Parent disclosed he had sold the original Dickinson subdivision years ago.
The motion to endorse ANR #08-01 carried 6-0.

Cluster Development
O’Connell asked Peterson to format the Cluster Development information into a bylaw reflecting the proposed changes. O’Connell would like to see it as a bylaw proposal.  More work was needed on size requirements for Affordable Housing incentives, definitions, and set setbacks, according to O’Connell.

2008 Priorities Approval
Gray moved to approve the 2008 priority list.  O’Connell seconded and the motion carried 6-0.

Nonconforming/Noncomplying Bylaw Draft
Parent questioned the suggested change by the ZBA.  He said the term noncomplying had been eliminated.  This does not address a noncompliant, nonconforming structure, Parent said.  The term noncomplying is necessary, according to Parent.  O’Connell said the 10-year period, rather than noncomplying is the ruling term.  Parent moved to postpone the discussion to the next meeting, have Town Counsel and Paul Murphy look at the bylaw language.  Gray seconded, and the Board agreed by consensus.

Minutes of 12/19/07 and 1/2/08
Oliver moved to approve the minutes of December 19, 2007.  O’Connell seconded, and the motion carried 3-0.

O’Connell moved to approve the amended minutes of January 2, 2008.
Oliver seconded, and the motion carried 5-0.  

Adjournment
Gray moved to adjourn and the meeting closed by consensus at 9:55p.m.

Respectfully submitted,
        
____________________________    ____________________________
Mary Rogers, Committee Secretary        R. Dennis O’Connell, Chairman   


                                                ________________________ Date

Planning Board approved these minutes at their meeting February 7, 2008.