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HomeMy Public PortalAboutPlanning Board -- 2013-05-08 Minutes Brewster Planning Board ww8r 2198 Main Street UV. E9 Brewster,Massachusetts 02631-1898 ?' e �'I.,; 's N (508)896-3701 ext.1233 r - _ FAX(508)896-8089 rayr.. m000 A pprove d:6-12-13 BREVST ' v CLERK Vote:6-o-1,McMullen abstains TOWN OF BREWSTER PLANNING BOARD '13 JUL' 3:O5PN Regular MEETING MINUTES Wednesday May 8, 2013 at 6:30 pm Brewster Town Office Building Chairman Scott Collum convened the Planning Board meeting at 6:33 pm in the Brewster Town Office Building with members:Jason Klump,William Hoag, Rick Judd,John Leaning,and Elizabeth Taylor present. Absent:John McMullen Other attendees:Sue Leven Documents:050813_A Email from Dr. Eten to Sue Leven 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 panning Discussion Leaning spoke as Vice Chair and as a Board member regarding an unfortunate incident that happened before Town Meeting Monday night. Leaning explained that a Board member acted in an unacceptable manner. Leaning does not approve of the conduct. He stated he wants a good working relationship with other board/committee members and people in the Town.Taylor agreed and stated it was not representative of the rest of the Board. 1) Informal Discussion regarding wind turbine located at 441 W H Besse Cartway, Map 83, Lot 6, (Formerly Map 41, Lot 52) Dr.John Eten was present. The Board had a lengthy discussion with Dr. Eten regarding the testing process and available data. Board members referenced a recent email from Dr. Eten to Sue Leven.The Board asked many questions regarding testing process, timeframes,etc. Board comments The Board was concerned about the lack of reports from the sound engineer. Hoag thought Eten was moving in a positive direction. Eten explained this involves new technology. He explained the turbine has been looked at by a sound engineer, physicist, and an electrician. Eten added he is getting his own sound equipment to do testing himself. He explained no one has been able to tell him where the octave comes from in the turbine.What component should be fixed? He recognized there is an octave problem. He stated the decibel level is within the state and local regulations. He suggested a pure tone segment needs to be removed. (He shared an analogy involving trees) Leaning liked the tone of the email but was concerned about Eten's expertise with sound testing. Leaning stated there has to be a simpler way to find results. He respected Eten's efforts and applauded his good intentions, but explained he is running out of patience. Page 1 of 4 PB Minutes 5-8-13.docx The Board continued to discuss possible problems with the turbine, process for testing,timeframe, relationship with Aerostar,the availability of previous testing data,the availability of a letter from the sound engineer and the process of revoking a special permit. Public comment 1) Danni Jesudowich 240 Landing Drive She asked if there have been any other complaints regarding the other two turbines in town. Leven stated there are no other formal complaints. Jesudowich thinks there is a design flaw with the turbine. She is skeptical of Eten doing his own testing. She reminded the Board they said they would pull the permit.Jesudowich asked If the machine is not working, can Aerostar take it to its complex to work on it. Jesudowich is supportive of pulling the permit. She requested a timeframe for testing and expressed concerned for the timing. 2) Mary Hooper 238 Landing Drive She stated she is finally sleeping since he turned it off. (without earplugs or medications). It is affecting her health.She asked the Board to please keep in mind the turbine noise is affecting her health.She believes Eten is not trust worthy. The turbine ran all through January. 3) Lincoln Hooper 238 Landing Drive He sent the Board a methodology fact sheet that DEP uses for commercial sites. He asked the Board to share the testing data with the residents. He asked when the Board rewrites the policy for turbines they include testing should be paid for by the applicant and done by the Town. Board Comments Taylor was in favor of sending a letter to Eten. She informed the Board she is working with Judd on the turbine regulations.She thinks the Board of Health should be involved. Judd agreed that dealing with sound is overwhelming. Klump asked Leven about the legality of revoking the permit. Leven explained the Board would need to find a violation of the special permit. (a copy of the permit with highlights from Leven was available to the Board at the meeting) Leven and Klump discussed further. Klump agreed that Eten should get 60 days to show a letter of compliance otherwise go to Staley. Hoag agreed if after 60 days Eten was not in compliance,the Board should notify Staley to revoke permit. Jesudowich asked the Board to be specific and to include very strict parameters in the letter. After much discussion which included input from the abutters,the Board decided to send a certified letter and email message outlining the following: • Leven will be notified by phone or email 24 hours in advance by Eten when any testing will occur. • 4 tests are allowed,for no more than 2 hours within the next 60 days. • Testing is allowed during daylight hours,9am—4 pm (week days) • Any reports regarding compliance need to be from a sound engineer with a stamp. Formal testing should be witnessed by Leven. • The Board requested a written report from Dr. Eten outlining his testing process and results. • The Board asked Dr. Eten to come back 7-10-13 to discuss progress. • Any variation from terms or failure to provide documents could result in the Board revoking the special permit. Page 2 of 4 iF PB Minutes 5-8-13.docx Judd made a Motion for Leven to send a certified letter and email (cc:Victor Staley) to Dr. Eten regarding their requests and timeframes concerning testing the wind turbine on 441 W H Besse Cartway, Hoag Second,All Aye Vote 6-0. 2)Discuss Zoning Articles Results from Town Meeting 5-6-13 The Board discussed the presentation of the articles and recognized each other for a good job in presenting at town meeting. Klump thanked Hoag for help defending the parking by-law. Taylor appreciated they all were there and supported each other.She felt it was unfortunate that the moderator cut off the sign by-law discussion.She asked if the Board wanted to take it up in the fall. Leven suggested skipping a cycle and going to spring. She also suggested taking it in pieces. The Board discussed when they could work on it again.They considered the fall. Leven asked the Board to pick certain areas to work on. Hoag was concerned that people don't understand what the sign by-law is about. How do we get it out to the public? Leven suggested a Facebook page for planning to gather informal comments and possibly setting up a group of signs out in front of town hall as examples. (12 square feet) (height examples) She felt the video on channel 18 was seen by many people. The Sign by-law lost by 14 votes. Klump was not in favor of splitting up the by-law again. He believes the Board has to be prepared to take a stand at town meeting.Square footage confused people. Examples at Town Meeting would be helpful. Judd felt confident seeing other Board members in the audience. They discussed ways to handle refutes in the future. Leven commented on the Board having authority to amend the by-laws. Hoag reviewed the by-law and asked the Board why do we have to go to the finance committee? Leven explained the Finance Committee votes on each article on the warrant.The Board goes in front of the committee as a courtesy. Leven recommended changing that process in the future. Hoag asked if the Finance Committee has a liaison to the Planning Board. Leven explained they do and it is Dennis Hanson. Hanson has asked to be removed to a new liaison will be chosen soon. Leven spoke with the Finance Committee Chairman today. Special Event Venue Policy Leven felt it was a good team effort with Peter Johnson and Lucas Dinwiddie helping out. The licensing process will begin. It is a Board of Selectmen process. Leven asked the Board for their opinions. 3)Review minutes from 4-10-13 Leaning made a Motion to approve the minutes of 4-10-13 as written,Taylor Second,All Aye,Judd abstain.Vote 5-0-1 4)Topics the Chair did not reasonably anticipate Leven informed the Board that an application coming for large project is coming soon.The applicant has asked to send plans on CD or flash drive.The Board was in favor of flash drives with large plans available at the meeting. Leven provided a brief summary of the MP Renaissance project that was referred to the Cape Cod Commission in January of 2011.Judd requested easels for the large plans and easy viewing. Taylor announced she is working with recreation on an open space and recreation survey. She asked the Board to take the survey. It is available off the town web site. Page 3 of 4 PB Minutes 5-8-13.docx Judd made a Motion to adjourn, Leaning Second,All Aye,Vote 6-0. The meeting ended at 8:30 pm. The next meeting is 5-22-13 at 6:30 pm. Respectfully submitted, William Hoag, Planning Boal Clerk Kelly Moore, Seni ID ept.Assistant-Planning Page 4 of 4 PB Minutes 5-8-13.docx