Article - Provincetown Banner 8/9/2007

By Derek Burritt

BANNER STAFF

EASTHAM — Are zoning bylaws doors or walls?

Ahead of its first progress report to the board of selectmen, the ad hoc committee to develop a commercial wind turbine zoning bylaw continued to examine how best to fulfill its charge while still respecting the will of individual members. At the outset of the Aug. 3 meeting, four of the seven members on the ad hoc committee didn’t believe there should be a commercial zoning bylaw for wind turbines in town. Those who opposed going forward with creating the bylaw vented frustration over the seeming futility of the exercise because of such concerns as an alleged “determined minority” who would defeat the bylaw at Town Meeting and the Cape Cod National Seashore, which has already stated its intentions to do impact studies on any proposed wind turbine project in proximity to Seashore property.

However, under the careful guidance of chair Tom Reilly, the group found common ground in the subtle distinction between creating a bylaw focused on encouraging commercial wind turbines and one that would minimize adverse consequences from such projects, no matter how restrictive it may be.

“Maybe nobody will ever build wind turbines with [the proposed bylaw], but you’ll have done something the citizens of Eastham are OK with,” Reilly said to the committee.

A major sticking point for the more conservative thinkers in the group, like Leslie Ann Morse from the planning board, is the invitation for “utility grade” wind turbines, which she feels are “inappropriate” for Eastham. Admittedly, when she joined the ad hoc committee she was in favor of wind turbines in town, but while researching and considering such issues as light flicker and noise from spinning blades, she’s soured to the idea. From a practical standpoint, she used her experience as an attorney to examine the proposed bylaw as a legal document that would need to fit in with existing zoning bylaws.

“Short of a total redraft, I don’t believe we can fit what we’re working on into our current bylaws,” Morse said.

In fact, she called the proposed wind turbine bylaw the “antithesis of zoning” because it proposes to allow commercial wind turbines on any suitable lot in town. This detail came about in response to the naming of specific parcels in the bylaw proposed by selectmen and the energy committee in the town warrant. However, Morse pointed out that zoning exists to keep like uses together so a commercial enterprise doesn’t go up next to a residential dwelling.

At the conclusion of its meeting, the ad hoc committee was unified to create a proposed bylaw agreed upon by a majority vote, which fulfills its charge while still leaving room for agreed-upon disagreement. Reilly’s report to the selectmen at the board’s regular meeting Monday reflected the committee’s progress and its current position by signaling a possible narrowing in scope of the bylaw.

“It is now apparent that the majority of members feel there are significant hurdles to siting commercial scale wind turbines in a residentially zoned area in such a way that the noise impact does not negatively impact nearby residences,” Reilly said to selectmen.

Representing the minority of the ad hoc committee, Joe Mistretta, from the energy committee, has historically taken a more amiable stance to commercial wind turbines in town at committee meetings. At Monday’s board meeting, he gave selectmen a glimpse into his perspective by saying, “The real challenge is to find a reasonable balance between what can be good for the town ... and what we need to do to reasonably protect citizens from adverse effects.”

The board of selectmen commended the ad hoc committee for its work, which will result in a proposed bylaw due to selectmen by Oct. 31.

	Article - The Provincetown Banner 8/9/2007
	Turbine group hones view
	By Derek Burritt BANNER STAFF EASTHAM — Are zoning bylaws doors or walls? Ahead of its first progress report to the board of selectmen, the ad hoc committee to develop a commercial wind turbine zoning bylaw continued to examine how best to fulfill its charge while still respecting the will of individual members. At the outset of the Aug. 3 meeting, four of the seven members on the ad hoc committee didn’t believe there should be a commercial zoning bylaw for wind turbines in town. Those who opposed going forward with creating the bylaw vented frustration over the seeming futility of the exercise because of such concerns as an alleged “determined minority” who would defeat the bylaw at Town Meeting and the Cape Cod National Seashore, which has already stated its intentions to do impact studies on any proposed wind turbine project in proximity to Seashore property. However, under the careful guidance of chair Tom Reilly, the group found common ground in the subtle distinction between creating a bylaw focused on encouraging commercial wind turbines and one that would minimize adverse consequences from such projects, no matter how restrictive it may be. “Maybe nobody will ever build wind turbines with [the proposed bylaw], but you’ll have done something the citizens of Eastham are OK with,” Reilly said to the committee. A major sticking point for the more conservative thinkers in the group, like Leslie Ann Morse from the planning board, is the invitation for “utility grade” wind turbines, which she feels are “inappropriate” for Eastham. Admittedly, when she joined the ad hoc committee she was in favor of wind turbines in town, but while researching and considering such issues as light flicker and noise from spinning blades, she’s soured to the idea. From a practical standpoint, she used her experience as an attorney to examine the proposed bylaw as a legal document that would need to fit in with existing zoning bylaws. “Short of a total redraft, I don’t believe we can fit what we’re working on into our current bylaws,” Morse said. In fact, she called the proposed wind turbine bylaw the “antithesis of zoning” because it proposes to allow commercial wind turbines on any suitable lot in town. This detail came about in response to the naming of specific parcels in the bylaw proposed by selectmen and the energy committee in the town warrant. However, Morse pointed out that zoning exists to keep like uses together so a commercial enterprise doesn’t go up next to a residential dwelling. At the conclusion of its meeting, the ad hoc committee was unified to create a proposed bylaw agreed upon by a majority vote, which fulfills its charge while still leaving room for agreed-upon disagreement. Reilly’s report to the selectmen at the board’s regular meeting Monday reflected the committee’s progress and its current position by signaling a possible narrowing in scope of the bylaw. “It is now apparent that the majority of members feel there are significant hurdles to siting commercial scale wind turbines in a residentially zoned area in such a way that the noise impact does not negatively impact nearby residences,” Reilly said to selectmen. Representing the minority of the ad hoc committee, Joe Mistretta, from the energy committee, has historically taken a more amiable stance to commercial wind turbines in town at committee meetings. At Monday’s board meeting, he gave selectmen a glimpse into his perspective by saying, “The real challenge is to find a reasonable balance between what can be good for the town ... and what we need to do to reasonably protect citizens from adverse effects.” The board of selectmen commended the ad hoc committee for its work, which will result in a proposed bylaw due to selectmen by Oct. 31.

Turbine group hones view