ZC November 5, 2011

On November 5, 2011 the Newbury Township Zoning Commission (ZC) held their rescheduled October monthly meeting in the upstairs meeting room of Newbury Town Hall. Carolyn Paschke called the meeting to order at 9:05 a.m. with Lou Tomsic, Judd Douglas, Jerry Hudak, Alice Munn and alternates Sue Wagner & Steve Kitko present. Steve Kitko asked to approve the minutes of the 9-28-11 meeting as amended – the minutes were duly signed by unanimous vote.

David Dietrich, after review of our proposed wind turbine (WT) amendment, advised the NZC to hold off enacting any WT code till the Auburn court case is settled. Carolyn Paschke asked the board to consider enacting only the previously approved topics concerning signs, land bank parking and expansion of trades for permits in the next amendment 2011-1. Alice Munn moved and Judd Douglas seconded the motion to submit the proposed amendment topics for Planning Commission review; the motion passed by unanimous vote.

Carolyn Paschke opened the discussion on WT questions. Mr. Kitko stated the Auburn case was specifically commercial – selling energy back to the grid – not per the agricultural exemption nor permitted in a residential zone. Ms. Endres said the WT was permitted with height limitations. Mr. Tomsic said the Auburn Trustees refused to adopt their WT code.

Carolyn Paschke reaffirmed that the intent of the NZC for WT was pro-active, that the ZC should complete the code language, circulate the WT code to the trustees and the prosecutor’s office and consider revisions as suggested. Discussion continued regarding bonding, insurance, road damage and whose responsibility these were. The chairman proposed completing the WT code, a ZC member presenting it at a future trustee meeting for discussion/questions but not including WT in the 2011-1 amendment.

The board then turned to solar panels (SP), the next alternate energy topic. Discussion continued regarding safety from falling broken panels, requiring laminated safety glass, whether the 35 foot height restriction was applicable for stand-alone structures, limiting the size of solar arrays, active or passive installations etc. Mr. Hudak asked if installers come to the zoning inspector; Ms. Endres says she issued exemptions as energy attachments. The board agreed to encourage solar use and possibly follow the model zoning (MZ) model.

Mr. Kitko explained the photo-voltaic process – changing light to electrons, mirrors to concentrate array light to a central source, with variable voltage during the daylight hours and changing the height limit to 15 feet as “taller isn’t better”. Mr. Kitko affirmed that sale-back price to the utility was 7 cents for solar vs. 2 cents for wind energy. Ms. Endres asked about primary vs. secondary uses, conditional vs. permitted, and 20% lot coverage as appropriate.

The board continued the SP review; covers don’t make sense,SP should meet UL Nat’l Electric Code, 100 mph should be max. wind speed, fencing is not required and other modifications.

Ms. Wagner asked how it is known if a solar panel is or isn’t working and decommissioning regulations. Discussion continued whether to use Munson’s code or MZ. Mr. Kitko said he liked the definitions in MZ including “glare”. Mr. Douglas suggested using A 1 thru 9 from MZ. Discussion continued regarding permitted, primary, accessory etc.

Ms. Paschke asked if the board would consider using MZ with additions from the Munson SP code? The board agreed, code should be typed up for NZC consideration at the next meeting.

The next ZC meeting will be held November 30, 2011 at 7:00 p.m. There will be no December ZC meeting.

Ms. Paschke adjourned the meeting at 10:30 a.m.