Zoning Commission March 28, 2012

On March 28, 2012 the Newbury Township Zoning Commission (ZC) held their regular scheduled monthly meeting in the upstairs meeting room of Newbury Town Hall. Carolyn Paschke called the meeting to order at 7:00 p.m. with Judd Douglas, Sue Wagner and alternates Steve Kitko and Margaret Avalon present. She welcomed the visiting high school students.
Sue Wagner moved and Steve Kitko seconded the amended minutes that passed by unanimous vote.
Ms. Paschke said she had requested to present a review of the proposed Wind Turbine (WT) code at the April 4th Trustee’s Meeting. She explained to the student attendees that the ZC had been working on this code for about 2 years but wanted input from the trustees prior to the final code amendment. Discussion continued regarding current status of WT Model Zoning.
Mr. Quigley asked the ZC for a definition of “mulching/composting” vs. the EPA Class IV regulations and specific differences for the scientific, agricultural and commercial/manufacturing processes. Ms. Paschke also asked for a definition of a Mulch Pile.
Mr. Quigley questioned whether the ZC made “land-banking” mandatory and the number of spaces per the parking chart. Ms. Endres replied that 40% LB was allowed at the developers’ option with future paving at the discretion of the Zoning Inspector. Mr. Kitko clarified that LB spaces could remain as green space as the number of parking spaces is hard to define till building uses are known. The 2011-1 Zoning Amendment was finalized without LB and the allowance for signs every 350 ft. for same-use larger parcels (per Kent study citing “over-signage”). Ms. Paschke said the sign provision could reduce the number of BZA sign applications.
Mr. Kitko asked Mr. Quigley 1) for the definition of Conditional Use (CU) – the ORC vs. code, 2) continued support of business particularly the 17 landscapers in Newbury and 3) how Ray Fidel said that testimony was complete after the 1/27/12 BZA continuance hearing but allowed 2 hours of extra discussion at the 3/13/12 final BZA meeting.
Mr. Quigley said townships can regulate “small” WT, less than 5 mega-watt that could serve 1400 homes, by setting setbacks and reasonable heights of 150 ft. Ms. Endres said WT could fall within the property setbacks. Mr. Quigley asked for a copy of the WT proposed code. Mr. Kitko said the county does not address fee structures (set by trustees) for engineering studies, road bond protection and WT decommissioning. Ms. Wagner said bonds were recommended as WT had never been done before. Discussion continued regarding the Sperry Rd. tower, new uses, co-locations for cell phones vs. more towers. Ms. Endres referenced state control of oil/gas drilling, needed bonds for township road maintenance – all proposed under new drilling regulations. Mr. Quigley referenced a NY township that banned drilling and survived the first court appeal. It was noted with over $10,000 per acre signing bonus and 19% royalty, the Appalachia poverty areas cannot refuse the dollars offered.
Ms. Wagner distributed notes on Solar Panels (SP) for the board to review and be prepared to vote on at the next ZC meeting. She also distributed copies of the EPA Class IV composting regulations. Mr. Douglas gave a brief history of local landscapers who brought materials from their job sites, to be mulched/stored on site for future job (off-site) use vs. compost/mulch commercial operations for bulk sales to the public. Mr. Kitko said problems arise with the height and size of the piles, that mulch is the finished composted “product” and recommends piles under 35 ft. height with spacing between piles. Ms. Endres said cities and counties may have their own composting facilities. She described water pollution from a Haskins Road composting site.
Mr. Kitko clarified that Mr. Quigley is speaking for himself, not all the trustees. Other landscapers have kept composting piles on a limited scale without problems. He said Newbury needs regulations for landscapers’ storage of mulch per the EPA Class IV permit definition as “cured compost”. Ms. Paschke asked Ms. Wagner, Mr. Douglas and Mr. Kitko to resolve the issue.
A new item suggested for the next amendment – redefine Conditional Use.
“Conditional use” means a specifically defined use listed within the Newbury Zoning Resolution that requires the township board of zoning appeals approval and compliance by the applicant to the conditions indicated within the Newbury Zoning Resolution subject to all provisions of Article X of this resolution.
Steve Kitko moved to approve the CU definition as read, Judd Douglas seconded the motion that passed by unanimous vote.
Steve Kitko yes
Judd Douglas yes
Sue Wagner yes
Margaret Avalon yes
Carolyn Paschke yes

Ms. Endres recommended the trustees appoint Mr. Kitko as a regular board member to fill the vacancy left by Alice Munn and move Ms. Avalon to 1st alternate position leaving a 2nd alternate position to be filled.
Mr. Douglas said he would report on outdoor boilers model zoning at the next meeting.
It was agreed to wrap up the alternate energy topics at the next meeting scheduled for Apr. 25, 2012 at 7:00 p.m.
Ms. Paschke adjourned the meeting at 8:45 p.m.