Town of Eastham MA - Planning Board Minutes 03/19/08

Planning Board Work Session

Members Present: Leslie-Ann Morse, Chairman, Michael Cole, Craig Nightingale, Peter McDonald, Howard Sandler, Don Andersen (Alternate), Tom Johnson (Alternate).

Members Absent: Debbie Abbott

Staff Present: Frank Ferreira-Assistant Town Administrator, Sarah Raposa-Town Planner

SUBJECT: Amendments to the Eastham Zoning By-Laws

Chairman Leslie-Ann Morse opened the work session at 5:00 p.m. giving some history on how the various wind bylaws have come before the Planning Board. The public was informed that this meeting is a work session and no public comment will be heard.

The following proposed bylaw amendments were discussed:

1. SECTION XIII - SITE PLAN APPROVAL - SPECIAL (third sentence)

Upon application on a form approved by the Planning Board, such a determination may be made by an affirmative vote of a majority of the Planning Board present, and in no event less than four members, and all of the abutters must be notified by certified mail, return receipt requested, at least seven days prior to the meeting at which such vote is to be taken.

Note: Information regarding actual costs will be collected by staff

2. SECTION XIV - SITE PLAN APPROVAL - RESIDENTIAL

C. REQUIRED SITE PLAN CONTENT:

All site plans submitted under this section shall be in accordance with SECTION XIII (F) 1, 2 A- F K of this by-law.

Note: Clerical error in bylaw

3. SECTION XIV - SITE PLAN APPROVAL - RESIDENTIAL

Any person aggrieved by the denial, approval with conditions, or approval by the Planning Board may appeal the action to the Zoning Board of Appeals within 10 20 days of filing the decision with the Town Clerk.

Note: Site Plan Approval is a local bylaw outside of Special Permits, therefore applicants need not file with the registry and state statutes do not apply under this circumstance.

4. Subdivision Rules and Regulations

SECTION II: SUBMISSION AND APPROVAL OF PLANS

2.3.4 Notification of Abutters All abutters and abutters to abutters within 300 feet must be notified by certified mail, return receipt requested, at least seven (7) days prior to the meeting at which such Preliminary Plan will be presented.

Note: Actual costs will be determined

5. Article ##. To see if the Town will vote to add the following Definitions:

Section III - Definitions:

Utility Scale Wind Facility, On-Site Wind Facility, Height, Rated Nameplate Capacity, Wind Facility, Wind Monitoring and Meteorological Tower, Wind Turbine, Receptors

o Remove the word "not from the wind facility definition to read "All equipment, machinery and structures not utilized in connection with the conversion of wind to electricity…"

o Remove "and", replace with "an" in the wind turbine definition to read "A device that converts kinetic wind energy into rotational energy that drives and an electrical generator…"

6. Article ##. To see if the Town will amend the Zoning By-Laws Section XIII at the end of paragraph B.1. to read as follows:

Section XIII - SITE PLAN APPROVAL - SPECIAL PERMIT

SITE PLAN APPROVAL IS REQUIRED FOR ANY ADDITION, EXPANSION OR CONSTRUCTION OF COMMERCIAL STRUCTURES

B. 1. No special permit, variance or building permit shall be issued for any of the following uses unless a Site Plan Special permit has been granted by the Planning Board except for Wind Energy projects subject to Section XX - Commercial Wind Energy Facilities and Section XXI - Private Wind Energy Facilities.

Note: Staff error in adding Section XXI to this provision. In essence, as written it would remove Private Wind Energy Facilities from any review.

7. Article ##. To see if the Town will amend the Zoning By-Laws by removing the last sentence of Section XII, Paragraph B and add the following language:

SECTION XII - ADMINISTRATION

The Planning Board shall be the Special Permit Granting Authority for Site plan Approval. The Planning Board will be the Special Permit Granting Authority for Section XIII - Site Plan Approval and Section XX - Commercial Wind Energy Facilities and Section XXI - Private Wind Energy Facilities.

Note: Adds Commercial and Private Wind Energy Facilities to the review of the Planning Board.

8. Article ##. To see if the Town will vote to amend the Zoning By-Laws by adding to Section XII the following:

G. The Planning Board when sitting as a Special Permit Granting Authority under Sections XIII, XX and XXI of this by-law may impose a reasonable fee on the applicant for the employment of outside consultants. Upon the selection of an outside consultant by majority vote of the Planning Board, the applicant has 30 days to appeal the selection to the Board of Selectmen pursuant to the grounds set forth in M.G.L. c. 44, sec. 53G.

Note: Research to be preformed about how other towns hire third-party consultants

9. Article ##. To see if the Town will vote to amend the Zoning By-Laws by adding the following petitioned Section XX - Commercial Wind Energy Facilities:

Notes: The following differences between the Ad Hoc Committee's petitioned bylaw and the bylaw edited by the Board of Selectmen were discussed:

" C. Application Process and Requirements/2. Required Documents/D. Noise Study

" D. General Siting Standards/2. Setbacks

" F. Safety, Aesthetic and Environmental Standards/3. Shadow/Flicker

" F. Safety, Aesthetic and Environmental Standards/4. Noise

" H. Abandonment or Decommissioning/3. Financial Surety

10. Article ##. To see if the Town will vote to amend the Zoning By-Laws by adding the following Section XX - Commercial Wind Energy Facilities:

11. Article ##. To see if the Town will vote to amend the Eastham Zoning By-laws by adding a new section XXI entitled "Private Wind Energy Facilities" to read as follows:

" The additional article above (#6) exempts Private Wind Energy Facilities from review due to a staff error

" There is no mention of turbines between 26-49 kw

" Under current technology, 25 kw Turbines do not provide enough electricity for more than 1 structure so combining lots wouldn't be necessary

" Not enough protection for the Town in 7. Abandonment or Decommissioning

The meeting adjourned at 6:30 pm.

Craig Nightingale, Clerk

Eastham Planning Board