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HomeMy Public PortalAboutPlanning Board -- 2012-08-22 Minutes ,001111004 ° � Brewster Planning Board _o% ��,+� 2198 Main Street o ' �' Brewster, Massachusetts 02631-1898 (508)896-3701 ext. 1233 - .<~o � FAX(508)896-8089 * l l l l l l l l l 1111 N 1\\\\r Approved: 9/26/12 Vote 6-0 TOWN OF BREWSTER MINUTES OF PLANNING BOARD MEETING MINUTES Wednesday August 22, 2012 at 6:30 pm - -- Brewster Town Office Building Chairman Scott Collum convened the Planning Board meeting at 6:30 pm in the Brewster Town Office Building with members: Rick Judd, John Leaning John McMullen, and Elizabeth Taylor present. Absent: Suzanne McInerney, Bill Hoag Other Attendees: Sue Leven Documents: 082212_A Letter from Schofield Brothers,Bob Freeman,requesting a continuance to 9-26-12 Collum 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 they are required to inform the chair." 6:30 pti. Planning Discussion Collum announced to the audience that the Board has received a request for a continuance for#2012-14, Frank Mason. 1) Dr. Eten,441 WH Besse Cartway, Follow up discussion regarding a request for a sound engineer to test the wind turbine, SP 2008-30. Continued discussion from the 8-8-12 meeting. Dr. Eten was present. Collum stated they have received correspondence from the sound engineer. Collum expressed concern about the delay in testing. Eten explained he has talked to the sound engineer and they will come out as soon as possible. They have to talk to the meteorologist first. Leven explained to the Board that she spoke to the sound engineer(Mike Lanan) and he was not aware there are sound complaints. The sound engineer recommended talking to the manufacturer. Leven talked to a contact at Aerostar(the turbine mfg.) She is under the impression that he will not be doing any work with Dr. Eten. Dr. Eten told the Board he would not be doing work with Aerostar. He has been told that Aerostar does not think it is a problem with their turbine. Dr. Eten is going to do the sound study and find out if anything is wrong. Dr. Eten said he has tried to get Aerostar to come to the property. Collum expressed concern for the neighbors. The Board has received many calls, emails and letters. He explained the neighbors are uncomfortable with the sound. Collum suggested turning off the turbine at night. Collum asked for Board comments. Taylor asked for the turbine to be turned off period. Taylor said this has been going on for months and she thinks this is unfair to the neighbors. Dr. Eten stated the building inspector was at his property and stood under the turbine and said he could not hear it. Collum asked Judd for his comments. Judd has reviewed comments, gone to the north side and east side of the property and agreed that the sound is loud. He stated when you stand underneath the turbine; you do not hear the same sound. He is concerned about the neighbors to the east. He asked Eten if he would consider a shut down until it is looked at it. Page 1 of 5 PB Minutes 8-22-12.doc Eten stated he would consider and will talk to the sound engineer(Mike)and see when he can come out. He added, if it were not a long haul, he would do it. The Board discussed timeframe. Judd asked Dr. Eten what he considers a"long haul"to be. Eten stated the next meeting. Taylor expressed concern with the timeframe. (Another two weeks) Judd said less than a week. Collum asked Leaning for comments. Leaning agreed with Judd. He said that beneath the blades you would not hear the same sound as from far away. Leaning said that given the amount of written complaints, he thinks it would show good faith to shut it down sooner than later. He asked if it provides power to his house and the grid. Eten confirmed. Leaning asked him as a good neighbor to shut it off. He added if it did not cause significant financial hardship to shut it down. Dr. Eten said long term there would be an economic hardship. Leaning recommended shutting it down until the Board receives information from the sound engineer. Collum asked McMullen for his comments. McMullen disclosed Dr. Eten is his doctor. McMullen agreed with the rest of the Board. McMullen was curious as to why the manufacturer would not come to the property. Eten stated he could not answer the question. He has asked the manufacturer four times to come out. McMullen said his understanding is that if in a room in a house the noise can be worse than outside. He thinks the manufacturer should come back and check it out. He thinks it would save Dr. Eten money. Dr. Eten agreed. Leaning asked where the manufacturer is located. Dr. Eten said, Westport, MA. Leaning said it was ridiculous. Dr. Eten',agreed and said he has a contract with the manufacturer to fix it. Leven will be in touch with the manufacturer and will share comments. Collum appreciates that Dr. Eten is being more forthcoming with information. Public Comments: Danni Jesudowich, 240 Landing Drive addressed the Board. She stated the process has taken eight weeks. She said that Dr. Eten has not responded to her letter. She expressed concern about the noise and the timeframe. She would like the turbine shut down. She can hear it in her kitchen with the doors closed. She was initially in support of the project. She is the farthest abutter from Dr. Eten. Lincoln Hooper, 230 Landing Drive addressed the Board. He expressed concern that Eten did not address his letter. Hooper repeated what he said at the last meeting. Hooper said we talked to Dr. Eten, and he said it is not coming down. He is 850 feet away from the turbine. He stated he can hear the turbine when outside on his patio with loud music on. Initially he was in favor of the turbine. He stated it needs to be addressed now. The Beechwood Association has submitted a letter. Collum asked Dr. Eten to shut down the turbine. Dr. Eten agreed to shut it off. Dr. Eten asked if they want an observer. Leven explained it would be her and possibly someone from the county health department. Judd asked about reluctance of the manufacturer to come out. Dr. Eten explained he could not get him to come out, even though he is under contract. Judd asked about a maintenance program. Dr. Eten said someone came out in March maybe. Dr. Eten said some unit was replaced on the turbine. Judd asked further questions. Did they give you a reason why? Dr. Eten explained it was structural not the gears. Taylor asked about a vote. Next steps? Collum explained Dr. Eten volunteered to shut the turbine down until after the sound testing is complete. He said they don't' need a vote. Taylor asked if this means it stays shut off until there are results. Page 2 of 5 PB Minutes 8-22-12.doc Dr. Eten suggested talking to the engineer, seeing his results and then turning it back on. Leven offered a compromise. She explained the purpose of someone witnessing the testing. She said if the testing comes back compliant, he should be allowed to turn it back on. Collum explained if it comes back as non-compliant then it should be shut down. As of now, Dr. Eten will shut it down until the sound test comes in. Collum expressed hope that Dr. Eten would come back after the testing and share the results with the Board. He noted Taylor wants a vote. Taylor wants it shut down until he comes back and the Board discusses the results. Collum asked Dr. Eten to come back after the testing. First meeting after it is tested. (In two weeks) Leven added this is assuming it will be tested in two weeks. Dr. Eten said the testing depends on the wind. He explained they require certain parameters for the testing Leven said 9-12-12. Dr. Eten asked if he communicates with Leven could he turn it back on. Collum stated the Board would not like that. Dr. Eten stated the timeframe would be almost one month of electricity. Leven offered a compromise. She said, if for some reason it comes back compliant, he should be allowed to turn it back on. The Board could discuss at the next meeting She added, if the sound test comes back as non-compliant, loud sound, stays off until 9-12-12. Dr. Eten agreed. Collum asked if the Board agreed. Leaning made two points. 1) Have we established where they are testing 2) Dr. Eten—In March there was someone from the manufacturer who did something to the equipment. Eten confirmed. Leaning asked the audience when did the sound start. Audience member stated last September. Leven answered Leanings questions. She said at the property line and he can make the reading anywhere outside the property. Leven will suggest a few places on Landing Drive. Her point in being there is so he hears what I have heard. Judd asked for type I sound level meter... Leven asked Judd to stop. She explained we have a professional doing the testing Judd was concerned about testing parameters. 60 minutes. Judd requested specifics about how it would be tested. Collum also requested specifics. Dr. Eten said he would talk to the sound engineer and request an email. Leven will follow up with the sound engineer. Jesudowich asked if there is a way for the neighbors to be kept in the loop. Collum stated this information is public information. Leven will share the information. Collum thanked Dr. Eten. Eten asked if he could turn the turbine on after the testing is complete and compliant. Taylor stated she wants it off until he comes back to the Board. McMullen said if the testing is done and it is compliant... Taylor thinks there is a problem if there are so many neighbors complaining. She will be surprised if it is compliant. Collum asked Eten to turn the turbine off until the testing is complete/next meeting. Dr. Eten asked if they would continue to ask him to keep it off. Wind study will determine it or another issue. Leaning if not coming from turbine, then where? There was further discussion about parameters. Judd expressed concern about the testing parameters. (Wind speed, testing time, etc.) Many variables exist. The testing has to be looked at. Three weeks is not too long to ask. Eten asked if he is in compliance.....Am I in compliance? (Collum—hard to say) Page 3 of 5 PB Minutes 8-22-12.doc Leven stated she would be surprised if sound meter does not pick up anything. The Board and Eten discussed compliance with the by-law. Dr. Eten asked what else the Board could do. He stated he went through the process and if he meets the by-law, he is in compliance. Leven said if it complies with the test, it might be as far as the Board can go. It may be a civil issue. Collum asked him to come to the next meeting and discuss further. He thanked him for turning it off. Taylor suggested it might be a Board of Health issue. Judd- If in excess of 10 dcb at property line....If you are in compliance, then you are in compliance. Collum explained the Board could only do what they can do according to the book(by-laws.) 7:00 prti Public Hearing Site Plan Review Special Permit Continued from 6-27-12, 7-25-12 #2012-14 Applicant: Frank Mason, Lot 7, Independence Way(corner of Underpass Road),Map 27 Lot 2101-7 (New Map 76 Lot 33), in the CH zoning district. The applicant is requesting a Site Plan Review Special Permit pursuant to Massachusetts General Law's c. 40A, Section 9 and 11 and the Town of Brewster Zoning By-Law, Article X, Section 179-51 and Article XII Section 179-66 to construct a 3,728 square foot automotive repair and service building with associated driveway, parking and site modifications, or in the alternative, the same use in a building that includes a basement space with access from Independence Way. The basement would include an overhead door to contain an area for vehicle parking, storage and automobile diagnostics. Collum read the legal ad. The Board received a letter from Bob Freeman, Schofield Brothers requesting a continuance to the 9-26-12 meeting. Leaning made a Motion to continue to the 9-26-12 meeting, McMullen Second, All Aye, Vote 5-0 Other Business: 1) Review minutes from 8-8-12 McMullen made a Motion to approve the minutes of 8-8-12 as written, Leaning Second, All Aye, Vote 5-0. 2)Topics to be discussed at the 8-29-12 work session meeting Leven explained the Board originally scheduled a work session for 8-29-12. McMullen asked about a discussion to address another industrial area in Town. (Underpass Road) McMullen was concerned there is no"real" industrial area in Town. Judd will not be here next week. Leven is away the third week in September. Collum wants to review the dirt road by-law. Judd contacted Kathy Sherman regarding the noise by-law amendment. He will continue to give her updates. { McMullen expressed concern regarding the sign by-law. Leven met with the Director of the Chamber of Commerce. The Historic District Commission is required to approve the sign by-law. Leven is talking to Chamber members to find out issues with signage. A local businessperson is coming to meet with Leven next week. Judd agrees that signage needs to be reviewed. He is interested in improving the by-law. Leaning requested feedback from the Historic District Commission. Leven explained the process further. Leaning requested a copy of the Harwich by-law. Leaning would like to reach out to the HDC to work together. The Board agreed to review the Harwich sign by-law. McMullen addressed grandfathering signs and problems with sign sizes(multiple stores, etc.) Page 4 of 5 PB Minutes 8-22-12.doc '`a I He believes it has to be worked out with the business community first. They have a responsibility to be involved. The Board agreed to have a work session, 9-5-12. 6:30—9:00 pm. Collum asked members to email topics for discussion to Leven by Wednesday 8-29-12. ;Pi '':41tVJ,Itifitait.11A11 None. McMullen made a Motion to adjourn, Taylor Second, All Aye, Vote 5-0. The meeting ended at 7:30 pm. The next meeting is 9-5-12©6: • pm. (work session) The next regular meeting is 9-12-1• ©6:30 pm. Respectfully submitted, Bill Hoag, Clerk Kelly o ro ee ' epartment Assistan , - - g { Page 5 of 5 PB Minutes 8-22-12.doc