HomeMy Public PortalAboutPlanning Board -- 2013-04-10 Minutes Brewster Planning Board
ct®gi e F 2198 Main Street
9 Brewster,Massachusetts 02631-1898
c ',. s H (508)896-3701 ext.1233
r FAX(508)896-8089
lionpoo
Approved:5-8-13
° Vote 5-o-1,Judd abstains
TOWN OF BREWSTER PLANNING BOARD
Regular MEETING MINUTES
Wednesday April 10, 2013 at 6:3o pm
Brewster Town Office Building
Chairman Scott Collum convened the Planning Board meeting at 6:36 pm in the Brewster Town Office Building with members:Jason
Klump,John Leaning,William Hoag,and Elizabeth Taylor present.
Absent:Rick Judd,John McMullen
Sue Leven
Documents:041013_A Letter from Ryder and Wilcox,041013_B Letters from abutters,wind turbine noise
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 pm Planning Discussion
1)Informal Discussion-proposed subdivision
Ken and Kristine Viprino, 140 Black Duck Cartway, Map 20, Lot 30, (Formerly Map 38, Lot 90)
Represented by Philip Scholomiti of Ryder and Wilcox.
Philip Scholomiti of Ryder and Wilcox was present. Ken and Kristine Viprino were present.
Scholomiti provided a summary of his letter for the Board.
The property is on the south side of Black Duck Cartway.The owners would like to subdivide to create one additional lot.
Scholomiti brought a sketch plan to share with the Board that showed the proposed division. He explained that the
division meets zoning criteria.The lots will be accessed by a gravel roadway,which is 40'wide.Scholomiti referenced a
1985 plan that was done to create frontage and to create a paper roadway.The property is land courted.
They are asking to access the property by gravel roadway.A waiver would be requested if it were determined to provide
adequate access. (DPW, Fire and Police need to give approval)
Scholomiti met with the Department Heads on 1-28-13. (Robert Bersin, Peter Rubel, Chief Koch)
The group agreed it provides adequate access. It has to meet Fire Department access standards,which were discussed
further. (Stable 12' road width, 14 x 14, 60 ft. min curb radius for entering subdivision, 20 by 60' area for turnaround for
safety vehicles)
Board Comments
Hoag asked if the Cul de sac existed.Yes, it does.
Leaning asked how long Black Duck Cartway is.The Viprinos stated less than 1/4 mile and it is maintained by DPW.
Scholomiti added there are wetlands, (cranberry bog). If they did an ANR plan,the wetland would be,as it exists today.
Klump asked where on the plan it shows they meet the 200-foot frontage on lot#2.
Scholomiti stated there is frontage along the Cul de sac. Lot#1 has 220 feet. Lot#2 has 250 feet.
Klump asked when they plan to build.There are no immediate plans.
Scholomiti explained the intent in 1985. Now there is access so it is time to seek division.
Page 1 of 4
PB Minutes 4-10-13.docx
Taylor asked if the road was completely graveled. Cul de sac?
Scholomiti explained it is a paper Cul de sac.
Taylor asked if the Town would be plowing the second house. She was concerned about access. (No.)
Scholomiti shared the sketch plan and explained they can make road improvements per the Fire Department,then do an
ANR plan.The current driveway accesses the Viprino house.
Taylor asked about the diameter of Cul de sac. Radius of 55 feet, 110-foot wide right of way
Taylor was concerned about sign off from the Fire Dept.
Hoag asked about plans for the roadway.They are not sure.
Collum noted it is a small subdivision,the roadway is complete, no problem.
Scholomiti asked the Board regarding process—road, Fire Dept.signoff,ANR.
Collum stated the Board would appreciate that process.
Taylor asked about wetlands near the Cul de sac.They will discuss with Conservation before construction.
They discussed further.
The Board was comfortable with the proposed plan.
2)Informal Discussion regarding wind turbine located at 441 W H Besse Cartway, Map 83, Lot 6,
(Formerly Map 41, Lot 52)
Collum stated the discussion is about noise issues and prior actions.
Dr. Eten and several neighbors were present.
Eten explained the results are not complete.The decibel level is 4 db above ambient air. He stated it meets Brewster by-
laws and MA DEP. He will keep the turbine off until he has test results.There is a technicality for MA DEP and the
electrician and engineer are looking into it.The turbine will be on periodically for testing.
Hoag asked Eten to notify Leven when it is being tested,and up and down via email.
Collum asked if it has it been running.
Eten stated yes and the decibel level is 4,which is less than normal speech. He is working on it.
Leaning asked about who is doing the testing.
Eten—Michael Lannon,Tech Environmental. Lannon is a sound engineer out of Boston. He added Leven was present at
both testing locations.
Klump questioned the results not being available because of a MA DEP technicality.
Hoag asked Eten for it not to be on except for testing and reiterated he should email Leven when it is being tested.
Taylor stated this is inexcusable to be still at this point and questioned why he cannot show the results.
They discussed when testing was done.
Collum asked Eten how many hours has it been on since the last meeting. Eten estimated weeks.The mechanical issues
took weeks.Two tests have been done but they are not complete.
The Board asked for reference to the MA DEP regulation. Hoag suggested brining Tech Environmental in.
Eten stated the report is coming.
Collum asked why the turbine has been running for multiple weeks.
Eten explained it is because it is being reviewed and repaired.
Collum stated he is uncomfortable with the turbine running.
Eten will let the Board know when it is being turned on.
Collum asked for the turbine to be off, unless being tested.
Page 2 of 4
PB Minutes 4-10-13.docx
4
Collum repeated Eten should email when it is going on and how long it will be running.
Leaning added when it is off too. Be specific with the off time too.
Taylor stated specifically let Leven know when on and then when off.
Hoag explained this is another chance but next time the Board may pull the permit.
Klump suggested it is only tested upon prior approval of the Town Planner.
The Board thought it might be difficult with the parameters.
The Board is interested in the report. Leaning stated at the next meeting the Board wants to see the report and the
regulation through MA DEP. He wants to understand the MA DEP issue.
The Board agreed.
Public Comments
1. Danni Jesudowich, 240 Landing Drive
She sent a letter to the Board.She is 356 feet away.She asked if the reading was done at the property line.
She had questions about the first test. She stated that most of the time the turbine is not working properly.
She was concerned about the Board putting something in place.She referenced the noise ordinance.The Police told her
it does not apply and that it applies to music.She asked the Board to revise the noise ordinance.
2. Lincoln Hooper,238 Landing Drive.
He wrote a letter to the Board and included a fact sheet from MA DEP. He distributed the fact sheet.
He explained that on 1-9-13 he contacted Leven that the turbine was running. In January,the turbine has been on,off,
and up and down. It has been on since the end of January. He noted it had been a peaceful fall with it off.
He was concerned that he is here again;there have been two tests and no shared test results.
He stated this is a severe problem. He is 800 feet away and invited anyone to come and listen.
3.Steve Costello, 294 Greenland Pond Rd. President of the Property Association
He sent a letter last fall. He was concerned that there have been two tests and no results. He was speaking on behalf of
several property owners.
Danni Jesudowich asked about protocol.Can he only test under certain conditions?Sound engineer/DEP?
She was requesting structure. (Let Leven know,weather predictions,testing)She wanted notice of testing.
Collum and Jesudowich discussed further.
Hoag stated they have laid out a structure. Dr. Eten is also a taxpayer. If he does not supply us with the testing data,the
Board may pull the permit.
Collum asked Eten for records of when it has been running. Eten, no.
Hooper has records. (Month of Jan, up and down-Since end of Jan, on nonstop)
Eten did not agree
Collum read#4 from the special permit. He explained the Board could revoke the special permit. He questioned Eten
again,about how often the turbine has been running.They discussed further.
Jesudowich wants a sound engineer present at the testing. Collum explained it is Dr. Eten's choice.
Eten wants time for the engineers and testing.
Jesudowich will send a log of when it has been off and on to the Board.
Taylor announced that she is working on the wind turbine rules and regulations and sound with Rick Judd.She offered to
share the work with the Board. She added the noise might be a Board of Health issue.These rules and regulations are
policy and can be voted by the Board.They do not go to Town Meeting.
The Board will meet again on May 8 for another informal discussion.
Page 3 of 4
PB Minutes 4-10-13.docx
Hooper commended the Town Planner(Leven). He stated she has gone beyond the call of duty attending the testing.
Leaning and the Board discussed the noise by-law.
Taylor suggested they look at the Town Code.
Leaning asked about other turbines in Town.There currently are three or four.
Klump asked if any Board members have been out to listen to the turbine. Hoag,yes.
3) Practice presenting articles
The Board decided to move this to the 4-24-13 meeting.
4) Review Minutes from 2-20-13&2-27-13
Taylor made a Motion to approve the minutes of 2-20-13 as written, Klump Second,All Aye,Vote 5-0.
Leaning made a Motion to approve the minutes of 2-27-13 as written, Klump Second,4 Aye, Vote 4-0-1, Hoag abstains.
Topics the Chair did not reasonably anticipate
None
Klump made a Motion to adjourn, Leaning Second,All Aye,Vote 5-0.
The meeting ended at 8:00 pm
The next meeting is 4-24-13 at 6:30 pm.
Respectfully submitted,
01 A
William Hoag, Planning Board Clerk Kel y M ore, S= '.r Dept.Assistant-Planning
'13 23 10110N
BREW TOY CLERK
Page 4 of 4
PB Minutes 4-10-13.docx