Town of Eastham MA - Legal Notice for ATM Articles

The Town of Eastham will hold a public hearing at the Eastham Town Hall, Earle Mountain Meeting Room on WEDNESDAY MARCH 26, 2008 at 5:00 PM to consider:

Amending the Eastham Zoning By-Laws as follows:

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.

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.

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.

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.

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

Section III – Definitions

Utility Scale Wind Facility: A commercial wind facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets.

On-Site Wind Facility: A wind project, which is located at a commercial, industrial, agricultural, institutional, or public facility that will consume more than 50% of the electricity generated by the project on-site.

Height: The height of a wind turbine measured from natural grade to the tip of the rotor blade at it highest point, or blade-tip height.

Rated Nameplate Capacity: The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a “nameplate” on the equipment.

Wind Facility: All equipment, machinery and structures not utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, transmission, storage, collection and supply equipment, substations, transformers, service and access roads, and one or more wind turbines.

Wind Monitoring and Meteorological Tower: A temporary tower equipped with devices to measure wind speeds and direction, used to determine how much wind power a site can be expected to generate.

Wind Turbine: A device that converts kinetic wind energy into rotational energy that drives and electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.

Receptors: Special selected points at which measurements will be taken for required analysis submissions under this bylaw.

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.

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.

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.

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:

SECTION XX - COMMERCIAL WIND ENERGY FACILITIES

The purpose of this by-law is to provide by special permit for the construction and operation of wind facilities and to provide standards for the placement, design, construction, monitoring, modification and removal of wind facilities, and to provide adequate financial assurance for decommissioning. These standards also address public safety and minimize the adverse effects of wind turbines on the character of neighborhoods, property values, scenic, historic, and environmental resources of the Town, and especially minimize any adverse effects on human health and well-being.

B. General Requirements

1. Special Permit

No wind facility over 60 kilowatts of rated nameplate capacity shall be erected, constructed, installed or modified as provided in this section without first obtaining a permit from the Eastham Planning Board. The construction of a wind facility shall be permitted in any zoning district subject to the issuance of a Special Permit and provided that the use complies with all requirements set forth in sections D, E, F and G. All such wind energy facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts. No special permit shall be granted unless the Eastham Planning Board finds in writing that:

(a) the specific site is an appropriate location for such use;

(b) the use is not expected to adversely affect the neighborhood;

(c) there is not expected to be any serious hazard to pedestrians or vehicles from

(d) no nuisance is expected to be created by the use; and

(e) adequate and appropriate facilities will be provided for the proper operation of the use.

Such permits may also impose reasonable conditions, safeguards and limitations on time and use and may require the applicant to implement all reasonable measures to mitigate unforeseen adverse impacts of the wind facility, should they occur.

Wind monitoring or meteorological towers shall be permitted in all zoning districts subject to issuance of a building permit for a temporary structure and subject to reasonable regulations concerning the bulk and height of structures and determining yard-size, lot area, setbacks, open space, parking, and building coverage requirements.

2. Compliance with Laws, Ordinances and Regulations

The construction and operation of all such proposed wind facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation requirements.

3. Proof of Liability Insurance

The applicant shall be required to provide evidence of liability insurance in an amount and for a duration sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility.

The applicant shall submit with the application for a Special Permit documentation of actual or prospective control of the project site sufficient to allow for the installation and use of the proposed facility. This shall include documentation to the satisfaction of the Eastham Planning Board that it controls by ownership, lease or easement the entirety of the Safety Zone as defined in Section D-3.

C. Application Process and Requirements

1. Application Procedures

The application for a wind facility shall be filed in accordance with the rules and regulations of the Eastham Planning Board concerning special permits.

Each application for a special permit shall be filed by the applicant with the town clerk pursuant to section 9 of chapter 40A of the Massachusetts General Laws.

2. Required Documents

The applicant shall provide the Eastham Planning Board with 10 copies of the application. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. Included in the application shall be:

B. Name, address, phone number and signature of the applicant, as well as all co- applicants or property owners, if any.

C. The name, contact information and signature of any agents representing the applicant.

D. Noise Study - A noise report prepared by a qualified acoustical testing engineer shall be submitted to the Planning Board with any application for a wind turbine tower. The Planning Board shall determine the adequacy of the Noise Study and, if necessary, may require further submissions. The study shall include, but not be limited to, the following requirements:

NOTE that all standards listed in this section are subject to review and modification by the standards’ governing body. Each standard is to be applied as it may be modified or superseded by that standard’s governing body.

1. Establish the existing ambient noise level according to ASTM E1014-84 (Standard Guide for Measurement of Outdoor A-Weighted Sound Level) and ANSI S12.18-1994 (Procedures for Outdoor Measurement of Sound Pressure Levels) with a sound meter that meets or exceeds ANSI S1.4-1983 (Specifications for Sound Level Meters) specifications for a Type I sound meter. At a minimum, measurements must be taken in each of four quarters (or seasons) of a test year for a minimum of three days continuously during each test period; however, if the ambient level varies widely, additional measurements must be taken during each test period to establish a statistically valid L₉₀ sound level. The ambient background level is defined as the lowest 1-hour L₉₀ level measured during sampling or the L₉₀ projected using a wind speed study synchronous with and correlated to the sound measurements.

If the latter option is chosen, applicant is required to make measurements/predictions of wind speed over all of the conditions under which the turbines will be operating, from the cut-in wind speed (minimum wind speed at which the turbines operate) to the design wind speed. Wind speed measurements must be measured synchronously with noise measurements and be correlated so that background noise and future wind turbine noise can be compared. Measurements should be made at proposed hub height for the greatest accuracy. The Eastham Planning Board may allow measurements to be taken from a lower anemometer height, but not less than 50 meters, provided that such measurements, along with an analysis of SODAR data collected on site for the proposed height are used to show a wind shear component for estimating wind speed at hub height. If a lower anemometer is used, the estimate must also accurately reflect the differences in daytime and nighttime shear exponents due to changes in atmospheric stability as derived from data collected on site at the proposed turbine locations.

2. Determine and model all noise generating sources within the proposed project, and select and detail reasons for "worst-case" sources that are used for the analysis. If multiple specific sources of noise exist, the analysis should accumulate the noise impact at any receptor.

3. Establish a perimeter around the proposed project consisting of the closest residential zone boundary lines, town lines, or shorelines in every direction.

4. Select a set of at least five theoretical receptors positioned on or outside the perimeter in each quadrant where residential property exists, plus at other locations of potentially sensitive receptors within 2500 feet of the proposed project. Select for analysis and detail the reasons for selecting "worst case" receptor positions.

5. Determine and model sound attenuation factors at all selected receptors, including air temperature and humidity averages for each quarter (season), established or actual measured on-site wind direction models, topography, natural and man-made barriers, reflections and ground surface materials.

6. Include adjustments for all design and construction aspects of the project that would modify any of the above factors to increase sound immission.

7. Use the sound propagation model of ISO 9613 (Predictive Modeling Standard) to calculate sound immission at the theoretical receptors. The applicant shall also provide modeling for the full range of atmospheric conditions expected at the site.

8. If any receptors would not meet the requirements of Section 6.3 "Noise," provide specific mitigation measures to be proposed as part of the project which would allow the receptors to comply with Section 6.3 requirements.

9. Provide all measurements, calculations and assumptions used to arrive at the report conclusions, and cite all data specifics from existing models that are relied upon to model the proposed site and all receptors sufficient to allow an experienced acoustical engineer to duplicate the findings.

10. Provide a contour map of the expected sound level from the project, using 5dB(A) increments extending out to a distance of 2500 feet. For projects with multiple turbines, the contours should indicate the combined full load sound level.

11. Provide a chart showing in dB(A), for each receptor selected, at least the ambient sound level, the calculated project source sound level, the total projected, and the increase.

3. Siting and Design - The applicant shall provide the Eastham Planning Board with a description of the property which shall include:

A.. Location Map

Copy of a portion of the most recent USGS Quadrangle Map, at a scale of 1:25,000, showing the proposed facility site, including turbine sites, and the area within at least two miles from the facility. Zoning district designation for the subject parcel should be included; however a copy of a zoning map with the parcel identified is suitable.

A site plan as delineated in section VIII F of the Bylaws. In addition the plan must include:

(a) Location of all roads, public and private on the site parcel and adjacent parcels within 300 feet, and proposed roads or driveways, either temporary or permanent.

(b) Existing areas of tree cover, including average height of trees, on the site parcel and adjacent parcels within 300 feet.

(c) Location of viewpoints referenced below in 10.3.3 of this section.

C. Visualizations

The Eastham Planning Board shall select between three and six sight lines, including from the nearest building with a view of the wind facility, for pre- and post-construction view representations. Sites for the view representations shall be selected from populated areas or public ways within a 2-mile radius of the wind facility. View representations shall have the following characteristics:

(a) View representations shall be in color and shall include actual pre-construction photographs and accurate post-construction simulations of the height and breadth of the wind facility (e.g. superimpositions of the wind facility onto photographs of existing views).

(b) All view representations will include existing, or proposed, buildings or tree coverage.

(c) Include description of the technical procedures followed in producing the visualization (distances, angles, lens, etc…).

4. Landscape Plan

A plan indicating all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting, other than FAA lights, screening vegetation or structures. Lighting shall be designed to minimize glare on abutting properties and except as required by the FAA be directed downward with full cut-off fixtures to reduce light pollution.

5. Decommissioning Landscape Plan

A plan indicating all proposed changes to the landscape of the site on decommissioning the project, including all aspects of returning the land to its condition prior to project inception. Plan will include replacement of topsoil and replanting of trees. The cost of such decommissioning shall be part of the good faith estimate submitted pursuant to section H-3 of this bylaw.

6. Operation & Maintenance Plan

The applicant shall submit a plan for maintenance of access roads and storm water controls, as well as general procedures for operational maintenance of the wind facility.

7. Compliance Documents

If required under previous sections of this by-law, the applicant will provide with the application:

(a) a description of financial surety that satisfies H-3 of this section,

(b) proof of liability insurance that satisfies Section B-3 of this section,

(c) certification of height approval from the FAA,

(d) a statement that satisfies Section C-2-D, listing existing and maximum projected noise levels from the wind facility

8. Independent Consultants

Upon submission of an application for a special permit, the special permit granting authority will be authorized to hire outside consultants, pursuant to section 53G of chapter 44 of the Massachusetts General Laws.

D. General Siting Standards

1. Wind Turbine Height

Wind facilities shall be no higher than 400 feet from the existing grade of the land.

Wind turbines shall be set back a minimum distance of 3 times the blade tip height or 1,000 feet, whichever is greater, from the nearest residential property line. The Eastham Planning Board may impose a greater setback if it deems it necessary to protect the public health, safety and welfare of the community.

An area surrounding the Wind Turbine with a radius of not less than 1.5 times its height as defined in Section III of these zoning by-laws. There shall be no residential structures allowed in the Safety Zone.

4. Water Resources Protection

Any turbines to be located in Water Resources Protections District G or Well Field Protection District H shall be sited upon a determination by the Board of Selectmen through the Town of Eastham’s Water Supply Consultant and a determination from the Mass. Department of Environmental Protection Agency that the siting of such turbines shall not cause any adverse effect on the then current or future siting of water supply wells to serve the Town of Eastham.

E. Design Standards

1. Color and Finish

The Eastham Planning Board shall have discretion over the turbine color, although a neutral, non-reflective exterior color designed to blend with the surrounding environment is encouraged.

2. Lighting and Signage

Wind turbines shall be lighted only if required by the Federal Aviation Administration. Lighting of other parts of the wind facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.

Signs on the wind facility shall comply with the requirements of the Town’s sign regulations, and shall be limited to:

(a) Those necessary to identify the owner, provide a 24-hour emergency contact phone number, and warn of any danger.

(b) Educational signs providing information about the facility and the benefits of renewable energy.

Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility.

D. Utility Connections

Reasonable efforts shall be made to locate utility connections from the wind facility underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

E. Appurtenant Structures

All appurtenant structures to such wind facilities shall be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other and shall be contained within the turbine tower whenever technically and economically feasible. Structures shall only be used for housing of equipment for this particular site. Whenever reasonable, structures should be shaded from view by vegetation and/or located in an underground vault and joined or clustered to avoid adverse visual impacts.

F. Support Towers

Monopole towers are the preferred type of support for the Wind Facilities.

F. Safety, Aesthetic and Environmental Standards

1. Emergency Services

The applicant shall provide a copy of the project summary and site plan to the local emergency services entity, as designated by the Eastham Planning Board. Upon request the applicant shall cooperate with local emergency services in developing an emergency response plan.

2. Unauthorized Access

Wind turbines or other structures part of a wind facility shall be designed to prevent unauthorized access.

3. Shadow/Flicker

Wind facilities shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses through either siting or mitigation.

If a wind turbine is proposed closer than a separation of 10 rotor diameters from turbine to the project boundary lines, a shadow flicker analysis shall be conducted estimating the shadow flicker impact in the area. No receptor should be subjected to shadow flicker more than 30 hours per calendar year or more than 30 minutes per day. For the purpose of the model flicker is defined as when 20% or more of the sun is masked by the mechanism. These maximum limits are based upon a worst case calculation of the astronomically maximum shadow, which is defined as the time between sunrise and sunset during which theoretically, the sun will shine continuously within a cloudless sky. Any modeling of potential shadow flicker impact shall consider all of the indoor and outdoor uses of a property that would be subject to flicker. The Planning Board may approve a project that models shadow flicker impact on receptors beyond the prescribed limit only if the project developer provides a detailed plan for meeting the prescribed standard when the turbines are in operation. This can be accomplished by taking steps to cease operation of the turbine when shadow flicker is forecast at receptors which would otherwise be exposed to shadow flicker exceeding the prescribed limit.

The wind facility and associated equipment shall conform with the provisions of the Department of Environmental Protection’s, Division of Air Quality Noise Regulations (310 CMR 7.10). A source of sound will be considered to be violating these regulations if the source:

(a) increases the broadband sound level by more than 10 dB(A) above ambient, except that a source of sound will be considered in violation if the source increases the broadband sound level by more than 5 dB(A) above ambient at any residence or residential property line.

(b) produces a “pure tone” condition – when an octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by 3 decibels or more.

These criteria are measured both at the property line and at the nearest inhabited residence. Ambient is defined as the background A-weighted sound level that is exceeded 90% of the time measured during equipment hours. An analysis prepared by a qualified engineer shall be presented to demonstrate compliance with these noise standards.

5. Land Clearing, Soil Erosion and Habitat Impacts

Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility and is otherwise prescribed by applicable laws, regulations, and ordinances.

G. Monitoring and Maintenance

1. Facility Conditions

The project owner/operator shall maintain the wind facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The project owner/operator shall be responsible for the cost of maintaining the wind facility and any access roads, unless accepted as a public way, and the cost of repairing any damage occurring as a result of operation and construction.

A. Facility Specification Sheet

All wind energy facilities shall provide a specification sheet including make, model, picture and manufacturers’ specifications, including noise decibel data. Include manufacturers’ material safety data sheet documentation for the type and quantity of all materials used in the operation and construction of all equipment, including but not limited to, all lubricants and coolants. This information shall be made available to inspectors to be used as reference to aid in their inspections and evaluations.

B. Structural/Integrity Inspection

The owner/operator of each wind energy facility shall submit a bi-annual inspection report to the Eastham Planning Board or its designee on the structural and operational integrity of the facility. Such report shall be prepared by a professional engineer licensed by the State of Massachusetts. If such report recommends that repairs or maintenance measures be undertaken, the owner/operator shall provide with such report a written schedule for undertaking such repairs or maintenance.

C. Noise Inspection Monitoring

All wind energy facilities shall conduct initial and periodic noise inspection by funding noise testing by a qualified independent third-party acoustical measurement consultant, which may be required as often as bi-annually, or more frequently upon request of the Eastham Planning Board in response to complaints by neighbors. Results must be submitted to the Eastham Planning Board or its designee within 90 days of request.

D. Annual Local Inspection

The Town of Eastham Building Inspector will schedule an annual inspection by the Town of Eastham Building Inspector, Electrical Inspector, Department of Public Works, Fire Department, Board of Health, or any other designees deemed necessary.

E. Facility Conditions.

After undertaking such inspections, the Eastham Planning Board or its designee shall provide notice of any noncompliance with the terms of this Local Law or the conditions of approval of any permit issued hereunder. The owner/operator shall be given 90 days to cure such violations.

2. Modifications

All material modifications to a wind facility made after issuance of the special permit shall require approval by the special permit granting authority as provided in this section.

H. Abandonment or Decommissioning

1. Removal Requirements

Any wind facility which has reached the end of its useful life or has been abandoned shall be removed. When the wind facility is scheduled to be decommissioned, the applicant shall notify the town by certified mail of the proposed date of discontinued operations and plans for removal. The owner/operator shall physically remove the wind facility no more than 150 days after the date of discontinued operations. At the time of removal, the wind facility site shall be restored to the state it was in before the facility was constructed or any other legally authorized use. More specifically, decommissioning shall consist of:

(a) Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site.

(b) Disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations.

(c) Stabilization or re-vegetation of the site as necessary to minimize erosion. The special permit granting authority may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

(d) Upon abandonment, topsoil should be replaced and trees replanted.

Absent notice of a proposed date of decommissioning, the facility shall be considered abandoned when the facility fails to operate for more than one year without the written consent of the Eastham Planning Board. The Eastham Planning Board shall determine in its decision what proportion of the facility is inoperable for the facility to be considered abandoned. If the applicant fails to remove the wind facility in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the town shall have the authority to enter the property and physically remove the facility.

3. Financial Surety

The applicant shall submit with the application a good-faith estimate of the cost of removing the facility. The estimate shall be fully inclusive and shall be prepared by a qualified engineer. The Eastham Planning Board may either accept the estimate or it may determine the cost of removal. Any special permit granted shall require a bond or other surety to cover the cost of removal in the event the town must remove the facility. The amount of surety shall be 150% of the Eastham Planning Board’s determination of the cost of removal. The surety must be filed with the Eastham Planning Board prior to the issuance of a Building Permit.

On each 5-year anniversary of the issuance of the Building Permit, the owner of the facility shall submit a new good faith estimate of the cost of removal. The Eastham Planning Board shall within 90 days of the anniversary either accept the owner’s estimate or otherwise determine the cost of removal. The Eastham Planning Board shall give notice to the owner by certified mail of its determination. The owner shall have 45 days to file any additional surety required. Failure to comply with this paragraph shall be cause to revoke the special permit.

Such surety shall not be required for municipally owned facilities.

I. Term of Special Permit

A Special Permit issued for a wind facility shall be valid for 25 years, unless extended or renewed. The time period may be extended or the permit renewed by the Eastham Planning Board upon satisfactory operation of the facility. Request for renewal must be submitted at least 180 days prior to expiration of the special permit. Submitting a renewal request shall allow for continued operation of the facility until the Eastham Planning Board acts. At the end of that period (including extensions and renewals), the wind facility shall be removed as required by this section.

The applicant or facility owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.

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:

SECTION XX - COMMERCIAL WIND ENERGY FACILITIES

B. General Requirements

1. Special Permit

No wind facility over 60 kilowatts of rated nameplate capacity shall be erected, constructed, installed or modified as provided in this section without first obtaining a permit from the Eastham Planning Board. The construction of a wind facility shall be permitted in any zoning district subject to the issuance of a Special Permit and provided that the use complies with all requirements set forth in sections D, E, F and G. All such wind energy facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety, or environmental impacts. No special permit shall be granted unless the Eastham Planning Board finds in writing that:

(a) the specific site is an appropriate location for such use;

(b) the use is not expected to adversely affect the neighborhood;

(c) there is not expected to be any serious hazard to pedestrians or vehicles from

(d) no nuisance is expected to be created by the use; and

(e) adequate and appropriate facilities will be provided for the proper operation of the use.

2. Compliance with Laws, Ordinances and Regulations

3. Proof of Liability Insurance

C. Application Process and Requirements

1. Application Procedures

The application for a wind facility shall be filed in accordance with the rules and regulations of the Eastham Planning Board concerning special permits.

Each application for a special permit shall be filed by the applicant with the town clerk pursuant to section 9 of chapter 40A of the Massachusetts General Laws.

2. Required Documents

B. Name, address, phone number and signature of the applicant, as well as all co- applicants or property owners, if any.

C. The name, contact information and signature of any agents representing the applicant.

D. Noise Study - A noise report prepared by a qualified acoustical engineer shall be submitted to the Planning Board with any application for a wind turbine tower. The Planning Board shall determine the adequacy of the Noise Study and, if necessary, may require further submissions or an independent acoustic analysis. The study shall include, but not be limited to, the following requirements:

3. Use the sound propagation model of ISO 9613 (Predictive Modeling Standard) to calculate sound immission at the theoretical receptors. The applicant shall also provide modeling for the full range of atmospheric conditions expected at the site.

4. If any receptors would not meet the requirements of Section 6.3 "Noise," provide specific mitigation measures to be proposed as part of the project which would allow the receptors to comply with Section 6.3 requirements.

5. Provide a contour map of the expected sound level from the project, using 5dB(A) increments extending out to a distance of 2500 feet. For projects with multiple turbines, the contours should indicate the combined full load sound level.

3. Siting and Design - The applicant shall provide the Eastham Planning Board with a description of the property which shall include:

A site plan as delineated in section VIII F of the Bylaws is required. In addition the plan must include:

(a) Location of all roads, public and private on the site parcel and adjacent parcels within 300 feet, and proposed roads or driveways, either temporary or permanent.

(b) Existing areas of tree cover, including average height of trees, on the site parcel and adjacent parcels within 300 feet.