Board of Selectmen
Wednesday, October 8, 2008 – 2:30 p.m.
Eastham Town Hall – Timothy Smith Room
Selectman Linda S. Burt, Chair; Selectman Martin F. McDonald, Vice Chair
Selectman David W. Schropfer, Clerk; Selectman Carol F. Martin; Selectman Aimee J. Eckman;
Sheila Vanderhoef, Town Administrator
Selectman Burt called the meeting to order at 2:30 p.m.
Henry Lind, Harbormaster, informed the Board that boat storage only, (no trailers) will take place in the Rock Harbor parking lot during the winter months. The request for such storage is due to new State regulations governing over-road transport of boats. He added that a fee will be charged and the boats will be removed before people begin using the site for the season.
The Board discussed setting a fee for this service. Mr. Lind noted that Sandwich Marine charges $16 per linear foot and he estimates Eastham to have about ten interested boat owners at this time. Selectman Martin proposed a fee of $20 per linear foot, plus requiring insurance and other limits as set in the agreement documents, including naming the Town as an additional insured on all certificates.
Selectman Schropfer made a motion to allow dry boat storage and to charge a fee of $20 per linear foot. The motion was seconded by Selectman McDonald and so voted 5-0.
The Board renewed the draft policy. One concern raised by Selectman Martin was on establishing a reasonable time frame. After some discussion, the Board agreed on a six (6) month limit.
Selectman Schropfer made a motion to approve the Memorials Policy as edited to include the words “not to exceed six months.” The motion was seconded by Selectman Eckman and so voted 5-0.
Windmill Green Memorial Request- Dianne Ashley
The Board discussed the request by Ms. Dianne Ashley to place a memorial on the Windmill Green.
Selectman McDonald noted that anything that is easily moved should not be left unattended on the Windmill Green. Selectman Eckman noted that the group is responsible for maintenance of the memorial rather than the town. Ms. Vanderhoef noted that in the event that an incident occurs, the group will be held responsible rather than the town. Selectman McDonald suggested allowing the group to continue their Saturday demonstrations and deny the memorial request.
Selectman McDonald made a motion to deny the application by Ms. Dianne Ashley to have a memorial on the Windmill Green. The motion was seconded by Selectman Eckman and so voted 5-0.
Ms. Vanderhoef asked the Board if there was anything they would like to add to the agenda for the regionalization meeting with Truro, Wellfleet and Provincetown. Selectman Burt noted the potential sharing of municipal water sources. Selectman Schropfer noted the sharing of certain personnel resources and equipment. Selectman McDonald noted wastewater treatment and energy sharing. Selectman Martin noted assessing duties.
Ms. Vanderhoef noted that there is a conflict on the Windmill Green this upcoming weekend regarding the antiques show and a prayer circle. Selectman Martin expressed concern over permitting religious observances on the Green. Ms. Vanderhoef noted that she has informed both parties of the conflict. The Board suggested having the prayer circle at First Encounter Beach.
Ms. Vanderhoef informed the Board that a letter has been sent to the Conservation Commission regarding the moving of their meetings to Town Hall in order that the meetings can be taped.
Catholic Church Purchase
Ms. Vanderhoef informed the Board that she has been informed that Father Andrews has the ability to make decisions regarding the purchase. She indicated that she has received a positive response from the Department Heads.
Selectman Schropfer made a motion to adjourn into Executive Session for the purpose of land acquisition and contract negotiation strategy discussions. The motion was seconded by Selectman Eckman. Selectman Burt, yes; Selectman McDonald, yes; Selectman Schropfer, yes; Selectman Martin, yes; Selectman Eckman, yes.
Krystal M. Boyd
Board of Selectmen and Planning Board Joint Meeting
October 8, 2008
Board of Selectmen Present: Linda Burt, Aimee Eckman, Carol Martin, Martin McDonald, David Schropfer.
Planning Board Members Present: Leslie-Ann Morse-Chairman, Debbie Abbott, Michael Cole, Peter McDonald, Craig Nightingale, Tom Johnson-Alternate, Richard Morello-Alternate
Planning Board Members Absent: Don Andersen, Howard Sandler
Staff Present: Sarah Raposa-Town Planner, Melody Gulow-Appeals Clerk.
Planning Board Chairman Leslie-Ann Morse opened the joint meeting at 4:05 p.m. announcing this joint meeting with the Board of Selectmen is convened to discuss the Wind Turbine By-Law draft prepared by the Planning Board.
Wind Turbine By-Law
Planning Board Chairman announced that the draft by-law sent to the Board of Selectmen a week ago is what is being discussed at this meeting. The structure will stay the same although there may be some changes to the content. One additional change is the rezoning of the Department of Public Works property and the dump putting them into Zone C, industrial zone. Planning Board confirmed to the Board of Selectmen that all members were in receipt of the J. Bianci letter containing calculations relative to wind turbines.
Mike Cole: In this draft, we have granted the Planning Board the role of special permit granting authority under Section XIII site plan review as a way to keep it as simple as possible.
Selectman McDonald: Likes the shortness and simplicity of this draft bylaw. He then gave a little history of how this all started with the thought that the Town could encourage energy conservation while making some money. He liked the first draft and has the following comments on this draft. First, the earlier draft had turbines allowed in every zone but A, B & Z and this only allows 100 foot turbines in say Zone C and the Town does not even own land in Zone C. Zoning changes should really take place before the wind bylaw is presented to the Town. For instance, Town Hall would not be a bad place for a turbine and the possibility should not be eliminated. Zone F - why would we eliminate putting one in the national park? Zone G - we could put one there and it would not be near any residences. Zone H we
have 125 acres and no houses and there would be a lot of space for one there. The problem is to reduce cost and perhaps make some money for the Town so my question is why eliminate so many zoning options.
Chairman Morse: We just wanted something on the books and the idea was to be able to put one in the dump area.
Mike Cole: There is the appeal path for putting turbines in other zones.
Selectman McDonald: We did not ask you to do a site study just a draft bylaw. If someone asked for a variance, who would they need to see?
Chairman Morse: They would need to go to the Zoning Board of Appeals.
Mike Cole: People will really be stunned by a 65 foot structure in a back yard let alone a 100 foot structure. You would not put it on premises without some safety provisions and it would not fit in many zones with the safety provisions so it is self-regulating. Here in Eastham we have all these tiny lots.
Chairman Morse: People are talking about joining together to do this. We did look at joint but decided to let it go in order to get it back to the Board of Selectmen within the time they wanted.
Mike Cole: This draft does not preclude a joint effort.
Selectman Schropfer: Went to look at wind turbines in Bourne. Comments: the 120 ft. setback is excessive, draft does not deal with shared issue, and the cost benefit needs to be worked out. Seems that the bottom of the blade tip needs to go above the trees to get the full benefit and this needs to be thought through from the practicality and cost benefit aspects. The Town can get a benefit from going green with this but the more we limit it we will not get that benefit.
Mike Cole: You need to sell to the Town that this is a proposal to cut down on costs and if it is sold to them the Bylaw will go through.
Selectman Schropfer: He questions the Planning Board being made a safety guardian.
Peter McDonald: This is conservative but the objective is to get it passed and once then it can be worked on. We do not want the bylaw turned down at Town meeting or we will never get it done.
Selectman Schropfer: If Planning Board could handle the exceptions then he would feel better about this bylaw. If the State bylaw gives the right and power to the Planning Board than they could oversee everything.
Debbie Abbott: Once this is passed, the Planning Board could consider amending their own bylaw and changing the height restrictions. It is the job of the Board of Selectmen to sell this to the Town as important to energy conservation. Need a road show going out for talks to different groups selling this.
Selectman Eckman: Inquired about the High School and what they would have to do and what criteria would the Zoning Board of Appeals look to.
Chairman Morse: Hardship.
Town Administrator: Explained hardship constitutes shape, soil, and topography and it can not be a created hardship. Because the rules are so rigid, it is difficult get.
Mike Cole: Would like you to consider the Planning Board having some more latitude. We are not designing this for any particular individual. The bylaw must stand on its own.
Chairman Morse: Planning Board would like to have this voted back to the Planning Board so we can work with it.
Selectman McDonald: Could make it a joint venture?
Selectman Martin: Leave it with the Planning Board.
Chairman Morse: We will hold a public meeting and see where we can go from there and then meet again. This draft goes to the Board of Selectmen who will vote it back to the Planning Board then we will need to convene two public hearings before it goes to Town Meeting.
Selectman Schropfer: Agree with the Board that we really do want something on the books.
Chairman Morse: We really do want to have a public hearing next on this.
Selectman McDonald: Went to see the small one at Hull and that is probably what the Town would need. Need to look at the equipment available for 100 foot or less turbines.
Craig Nightingale: We understand technology will change.
MOTION to send this draft out to the Planning Board as it stands now was made by Selectman Carol Martin and Seconded by Selectman Martin McDonald.
Planning Board was then asked to please take the comments made tonight into consideration.
VOTE: 5-0 IN FAVOR: Burt, Martin, Schropfer, McDonald, Eckman. OPPOSED: None.
MOTION to adjourn Selectmen’s meeting with the Planning Board was made by Dave Schropfer and Seconded by Selectman Aimee Eckman.
VOTE: 5-0 IN FAVOR: Burt, Martin, Schropfer, McDonald, Eckman.
Adjourned at 4:50 p.m.
Melody Gulow, Clerk
Eastham Planning Board