NORTH KINGSTOWN PLANNING COMMISSION. October 26, 2010

Transcription

1 Town of North Kingstown, Rhode Island 80 Boston Neck Road North Kingstown, RI Phone: (401) Fax: (401) Web: NORTH KINGSTOWN PLANNING COMMISSION October 26, 2010 The North Kingstown Planning Commission convened at the Cold Spring Community Center, 30 Beach St. at 7:00 p.m. The following members were present: Richard Pastore Harriet Powell Jeffrey Michaelson Gardner Palmer James Grundy Paul Dion Also in attendance were Town Solicitor Robert Donnelly and Director of Planning & Development Jonathan Reiner. Mr. Richard Pastore opened the meeting at 7:00. Public Hearing for amendments to the Subdivisions and Land Development Regulations: To adopt Section 17. Wind Energy Systems. Mr. Pastore calls for a motion to open the public hearing. Mr. Gardner Palmer moves. Mr. Paul Dion seconds. All ayes. The public hearing is opened. Mr. Pastore asks for any comments or questions. Mr. Richard Lemieux, 37 Buena Vista Dr. introduces himself. Mr. Lemieux is concerned with the depreciation of property values that will occur with the installation of wind energy systems on abutting properties. Mr. Grundy asks Mr. Lemieux if he has any documentation on his statement that wind energy systems would decrease property values. Mr. Grundy tells Mr. Lemieux and the rest of the attending public that one of the most difficult things when developing these amendments was the lack of documentation regarding land values and also any findings with regards to systems falling. The Commission looked long and hard into scenarios where property values had decreased and actually found very little evidence to support an assumption that land values went down when a wind energy system was installed in an area. Comments from the public

2 are that it is a given that value s would decrease. Mr. Pastore wants the public to understand that in developing these regulations, the Commission left no stone unturned. The regulations allow the Commission latitude to review plans case by case. He says that the Commission has spent over 25 hours in conference, examined 30 to 40 different regulations, sat at numerous meetings with in-house lawyers, internal planning members and experts. They spent a night coming up to speed on the science of wind energy systems. He wants to make it clear that the Commission did not just haphazardly come up with these regulations. He is concerned that some attending members of the public are stepping up this late in the game to make negative claims. He reminds the public that the Town Council has already unanimously passed the Wind Energy System ordinance. Mr. Jim McGwire introduces himself and tells the Commission that it has not spent enough time informing the public at large as to what these regulations really mean. Mr. Pastore tells him that the Commission has held at least eight meetings relating to this issue and that every meeting was advertised. Mr. Pastore also states that more public attended the meetings related to wind energy systems than he can remember. A gentleman asks Mr. Pastore if he feels that it is inappropriate to be coming to the Commission with concerns this late in the game. Mr. Pastore responds that it is not inappropriate at all. The gentleman asks why Mr. Pastore is being defensive. Mr. Pastore responds that he is simply listing the history of the issue. The gentleman asks about setbacks. Mr. Pastore answers that the Commission decided that these were safe reasonable setback standards after serious deliberations consults with experts and lots and lots of research. Mr. Reiner states that setbacks are a part of the zoning ordinance already passed by the Town Council. He explains what those setbacks are. Mr. Richard Schartner, Jr. asks the Commission how the application process would go. Mr. Donnelly says that the applicant would have to appear before the Planning Commission and provide evidence that they will meet all of the land development regulations regarding these systems. Mr. Jeffrey Michaelson says that the burden of proof would fall squarely on the applicant s shoulders, that if they were lacking information, the Commission has the right to deny the application. Some members of the public in attendance are worried that a lot of the regulations are speculative and future Planning Commission members may have a different thinking than that of the present members. Mr. Reiner lists other information that the Planning Commission can ask for if it is deemed necessary. Mr. Donnelly affirms that not only is the applicant required to meet all of the regulations, but may actually have to provide more. The public makes comments regarding the Stamp farm, which was denied approval from the Zoning Board of Review for the installation of a wind energy system under the previous ordinance. Mr. Richard Schartner, Jr. says that too much burden is placed on the abutters to prove nuisance or noise or flicker if control is switching to the Planning Commission for approval if these land regulations are adopted. The Commission disagrees, they say that the new regulations will make it more of the applicant s responsibility to prove that the system does not inflict nuisance, noise or flicker. Mr. McGwire tells the Commission that they are crazy if they think the people of this Town are not going to be upset when these systems start popping up. Mr. Pastore states that he feels public comment seems slanted toward venting and he does not think it is productive at this point. Discussion follows about the procedure for appearing in front of the Planning Commission as opposed to the Zoning Board of Review. Mr. Donnelly and Mr. Reiner explain that there is not any difference time wise as far as the

3 scheduling or notification requirements. Mr. Paul Solitto, 84 Cedar Glen Dr. introduces himself and states that he just found out two weeks ago about the newly adopted zoning ordinances regarding wind energy systems. Mr. Solitto says that he sees some lack of due process in the regulations. One concern he lists is that wind energy systems have permitted use in every zone. He also does not like that there is no set maximum height for the large systems. Mr. Pastore answers that the Commission did not want to arbitrarily set a number for height, he also comments that use is permitted in every zone with conditions. Mr. Solitto would like to see a change to a section of the regulations where it states that a designated certified installer must be used his comment is designated and certified by whom? The Commission agrees. Mr. Solitto does not like that the Commission has waivers to the development standards. He is concerned that abutters will waive the regulations that have been put into place to protect them. His main concern is safety. The Commission feels that abutters should have the right to waive their rights as they do in any other zoning issue. Mr. Donnelly says for the record that setbacks cannot be waived, it is written in the zoning ordinance. Mr. Solitto says another concern has to do with the removal of abandoned systems. The proposed regulations state that one year after abandonment, the town can order that the system be removed within six months; the owner of the system has the right to ask for an extension Mr. Solitto feels this is too much time. He wants the wording for just cause added. The Commission agrees. Mr. Schartner reiterates his opinion that applicants should have to get approval from the Planning Commission and the Zoning Board of Review. Mr. Pastore tells Mr. Schartner that the Commission did the work on crafting these amendments and the Commission has full understanding of the regulations. Mr. Schartner says he understands but what about future Commissions, will they be as knowledgeable? Mr. Pastore says that the same thing will happen on the Zoning Board of Review. Ms. Harriet Powell says that the town solicitor is always at the meetings to guide and keep the Commission on the straight and narrow. A gentleman brings up the fact that the height of some of these systems will be visible for quite a ways, what rights do residents in other areas who can see the installed system(s) have? Mr. Pastore answers that they have the same rights as the residents who live near a ugly house. Ms. Powell says that the sight of the systems is subjective; what one man or woman finds ugly, another may find attractive. Mr. Pastore asks for any other comments; no one replies. He calls for a motion to close the public hearing. Ms. Powell moves. Mr. Grundy seconds. All ayes. The public hearing is closed. The Commission looks at the language and wording on certain parts of the amendments. Some minor changes are made to the language. Mr. Pastore calls for a motion to approve the amended amendments to the Subdivision and Land Development Regulations. Mr. Grundy moves. Mr. Palmer seconds. All Ayes. The amendments are approved Public Hearing for Comprehensive Plan Amendment: Amend the Quonset Business Park Element of the North Kingstown Comprehensive Plan to incorporate a unified development process between the Town of North Kingstown and the Quonset Development Corporation.

4 Mr. Grundy moves to open the public hearing. Ms. Powell seconds. The public hearing is open. Mr. Steve King and Ms. Kathryn Trapani from the Quonset Business Park are present. Mr. King makes it known that they have seen the latest revisions to the Comprehensive Plan. The Commission goes page by page to discuss minor issues and edits. Mr. Paul Dion is concerned about the wording with regards to the airport; he wants the language tightened to make it absolutely sure that there will be no commercial (passenger) airline business at the park. Minor edits are made to the agreement by the members of the Commission. No members of the public are present. The Commission has decided that they would like to vote on adopting these amendments at the same time as the vote on the amendments to the Zoning Ordinance and the Recommendation to the Town Council for a Memorandum of Agreement. Mr. Palmer moves to keep the public meeting open until November 9, Ms. Powell seconds. All ayes. The hearing is continued. Discussion and Recommendation to the Town Council for a Memorandum of Agreement between the Town of North Kingstown and the Quonset Development Corporation to create a unified development process. The draft of the Memorandum of Agreement is discussed. Some minor editing and revisions are mentioned. One change to the Agreement is that once an application is denied there would be no appeal. Another is all non-administrative waivers shall be granted by the QDC Board of Directors and the Town Planning Commission. The rest of the changes are to the language. The Commission likes the changes. The recommendation will be voted on along with the Zoning Ordinance and Comprehensive Plan amendments. Recommendation to Town Council regarding proposed amendments to the North Kingstown Zoning Ordinance to create a unified development review process between the Town of North Kingstown and the Quonset Development Corporation. Some new changes (minor) to the draft of the amendments are looked at. The Commission wants to be sure that there is balance. They are feeling more comfortable with the changes that relate to checks and balances between the Town and the QDC. The vote for this recommendation is also to be voted on at a later date. Minutes. October 5, One change is made. Ms. Powell makes a motion to approve the amended minutes. Mr. Michaelson seconds. All ayes. The minutes are approved. Ocotober 19, 2010 Mr. Michaelson asks for some modifications. Ms. Powell makes a motion to approve the amended minutes. Mr. Dion seconds. All ayes. The minutes are approved. Adjournment:

5 Mr. Pastore motions to adjourn. Mr. Paul Dion moves. Mr. Grundy seconds. All aye. The meeting is adjourned at 9:35PM. Beth Gagnon-Glasberg Recording Secretary