HomeMy Public PortalAboutZoning Board of Appeals -- 2019-11-12 Minutes 11NI
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2198 Main Street
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Date : Approved : January 14 , 2020
Vote : 7 =0 -0
TOWN OF BREWSTER
MINUTES
Zoning Board of Appeals
Tuesday, November 12 , 2019 at 7 : 00 PM
Brewster Town Office Building
Attending Committee Members : Brian Harrison, Arthur Stewart, William Hoag, Bruce
McGregor, Susan McShane, Pat Eggers and Jeanne Kangas .
Guests : Victor Staley ( Building Commissioner/ Zoning Agent)
The Vice - Chair read the Recording or Taping Notification : "As required by the Open
Meeting Law we are informing you that the Town will be audio and video taping this public
meeting. In addition, if anyone else intends to audio or video tape this meeting he or she is
required to inform the chair. "
To review past/present hearing : www. brewster - ma . gov/ documents and archives / Ch
18 video archives / recent videos / ZBA 114249
i
After discussion with Chairman and both attorneys it was decided to reverse the order of the
posted agendas .
19 = 31 William J. Hanney, 29 Captain Dunbar Road , Map 91 Lot 37, in the RM zoning district. The
applicant seeks a Modification of Special Permit 19 - 02 tp allow alterations to previously approved plans .
Members hearing this application; Bruce MacGregor, Arthur Stewart, Patricia Eggers, Susan McShane,
William Hoag and Jeanne Kampas .
Attorney Singer gave a brief overview;
9 He had been before the ZBA in January but at this point there has been a change in architect, thus
a slight different point of view.
• Front door to be moved from the side to the front, within setback and coverage .
• This change has been approved by the HDC .
• Overall height has not been changed
• Conservation questions will be checked with Robert Perry (presented this section) .
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ZBA Minutes 11 - 12- 19
12/19/2019 12 : 26 : 53 PM
MOTION by Pat Eggers to OPEN Public Input,
Second by Art Stewart
NO ONE spoke to this application ,
CLOSE to Public Inputs Pat Eggers , Second by Jeanne Kampas .
VOTE : 5 - 0 - 0
Board Discussion
• Looks fine to members of the Board
• No abutters have been heard from .
MOTION by Arthur Stewart to APPROVE the Modification for 19 - 31 ( Hanney) with Architectural and
informational matter presented . Second by Patricia Eggers . VOTE : 5 - 0 - 0 .
19 - 29 441 W H Besse Cartway (represented by Attorney Christopher Seme) , Map 83 Lot 6, in RR
zoning district, (previously M 41 L 52 - 2) . The applicants are seeking an Appeal of the Zoning Agents
enforcement to order and desist of operation of the Wind Energy Turbine ,
Members hearing this application; Bruce McGregor, Arthur Stewart, Jeanne Kangas, Patricia Eggers
and Brian Harrison .
Attornev Christopher Seine gave an overview of this application .
• He is representing 5 different households regarding this .
• They are seeking a reversal of the original decision by the Planning Board, Requesting an
enforcement order,
� . Mr. Michael Bottarian (sound engineer)
• 4 sources of legal authority; WET Bylaw and Noise Bylaw ( 125 )
o WET 40 . 2E (6 ) Zoning Bylaw
o 125 - 1 General Bylaw
o 179 - 41
• All related to Special Permit by The Planning Board 2008 - 30
• Case Law (p . 4 14
o Not enforced by DEP, but agree by applicant.
Mr. Michael Bottarian , (Acoustical Engineer)
Staged sound testing at 238 Landing Drive
• From April 16 - 26 to May 5
Figure 2 " average " sound
• Figure 3 2nd period
• Pure tone
Questions from the Board
• What was the cause of aerodynamic " false positives " or false negatives ?
• Does this occur in all kinds of turbines ?
• Patterns fairly consistent with background sounds
• Town Bylaw was approved in 2007
• DEP supplied technical assistance
• Tech Environmental study in October 2007
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ZBA Minutes 11 - 12 - 19
12/ 19/2019 12 ; 26 ; 53 PM
Note : Susan McShane left the meeting at 8 : 00 pm
Open to Public Input
Lincoln Hoover, 238 Landina Drive
• Since 2012 it has been louder and louder. Has changed the character of our lives .
Quality of sleep at 850 ' away, we hear it at night, we have special glass and sound deafening
curtains but it doesn 't help . Dr. Eten did not follow the Planning Board guidelines . He was
advised to "hire counsel" .
In 2014 it was shut down / put on hold .
Charles Sumner. 14 Fern brook Lane
• As previous Town Administrator I received a visit from Mr. Hooper in late 2015 , we went for
A ride to the property.
Unusual sounds , advise to seek enforcement action .
Thumping and whooshing sound very "visible " .
Mary Hoover. 238 Landina Drive
• Since 2012 I can feel the vibrations, I use 4 sets of headphone, can 't work outside in my
gardens, use the pool as exercise therapy but can 't with the sound . Causes migraines and
affects general health .
Lauren Elliott. 279 Landina Drive
• For 10 years I have not been able to enjoy outside or inside . Low sound . I keep the TV on and
still hear the noise . I am pro alternative energy but not this .
Rich Elliott 279 Landina Drive
• My hearing is gone but I can hear this .
Brian Gustafson, 189 Landina Drive
• Low level oscillation is always present
• Subjective analysis
Dr, Eten , 441 W. H. Besse Cartwav
• Further discussion regarding sound readings from material Dr. Eten had received from the
Hyannis Airport, Very technical . Can be heard on the recording of the meeting.
• Tonal sound from the wind , failure to perform , meteorological data suggest data was collected
during precipitation .
Further Board questions and discussion
• The Planning Board had asked Dr . Eten to have tests done , after 2nd set of tests PB issued
the permit
• Is there insulation inside I Yes
• ZBA has permission from abutters to visit the property and listen .
• Have there been similar complaints from other turbines in town ? NO .
• Much lower and less elevation
• Bylaw- not to exceed 10 decibels .
Attorney Christopher Seine
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ZBA Minutes 11 - 12- 19
12/ 19/2019 12 : 26 : 63 PM
. Look at zoning Bylaw
• Two (2 ) type of noises ; mechanical and aerodynamic
• This model not made any longer
• Request an cease and desist ( 7 alternatives in writing )
Attorney C . Seine requested a CONTINUANCE to next date ; December 10 , 2019
Continuance Granted to December 10 , 2019 .
MOTION by Eggers Pat E ers to ad ' ourn at 945 pm
)
Second by Jeanne Kangas
VOTE : 5 - 0 - 0
Respectfully submitted,
MarilMooers /Administrative Assistant
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ZBA Minutes 11 - 12- 19
12/ 19/2019 12 : 26 : 53 PM