Shelburne News: Town takes steps to legislate noise

Reposted here from the Shelburne News.
Wed, Aug 18th 2010 01:00 pm
by Margo Callaghan

The discussion of a proposed noise ordinance at last week’s Planning Commission meeting on Aug. 12 proved to be the most time-consuming item on the agenda. Committee member Daren Jorgensen presented findings from his research of ordinances in other locations to prompt discussion of parameters for a noise ordinance in Shelburne. At the center of the discussion is the wind turbine located on the property of Frank Cole on Dorset St. Jorgenson’s presentation reiterated the need for a standard frequency range. Frequency weighting combines all of the frequencies into one sound level. This simulates how an average person hears sounds. The commonly used frequency weighting for environmental sounds that developers would have to follow is A-weighted decibels (dBA).

“The Town or individual could then take legal action for non-compliance,” Jorgensen explained. He went on to say that the need before the commission is to have a global noise ordinance, and not one just for wind turbines. “I focused on a range of 50 dBA for residential and agricultural zones, and 55 for mixed or industrial zones,” Jorgensen said. The dBA of the windmill on Cole’s Property measured 62 dBA. Vice Chair Brian Precourt spoke to the importance of a separate noise ordinance going before the Selectboard, understanding that in making the ordinance a law, the Town’s zoning regulations will need to be rewritten, but would yield a stronger Town position to present to the Public Service Board (PSB) in the event of non-compliance.

In attendance at the meeting were neighbors of the Coles, who remain dissatisfied at the level of noise generated by the turbine.

Town Planner Dean Pierce informed the commission that the Selectboard agreed to dedicate $1,000 to the cost of the Town’s hiring of a technical consultant for future pre-conference PSB hearings.

Town Plan updates
The Shelburne Natural Resources Committee (NRC) submitted recommended changes for its portion of the Town Plan. The changes proposed included promotion of the review and update of Town Maps on a regular basis, as well as the monitoring and reporting of water quality conditions. It was suggested that the NRC make recommendations to the responsible agency for updating affected maps on a scheduled time frame.

Under broader comments, committee member Jorgensen mentioned his concern that there be consistency of language between the Town Plan and Bylaws. Vice Chair Precourt questioned the status of Management Plans for properties bought with conservation funds. In the example of the LaPlatte Nature Park, The Nature Conservancy has been involved, and that is with whom the NRC works in developing the management plan. According to Dean Pierce, “Some properties have management plans from decades ago,” prompting Kate Lalley to ask if there is a map of all Town properties in which the Open Fund is involved. “There are many hands involved, and we want to make sure we are working together.”

Gail Albert, representing the NRC informed the committee that they are working on developing a stewardship sub-committee under the NRC to address that need. “The Open Space plan has delineated maps and plans [for properties it is involved with], but they do not show status of management plans for a property. Lalley stated, “It would be really helpful to have maps of conserved lands.” She also stated, “There needs to be transparency regarding lands bought with Town funds.” That comment was made during the discussion of third party involvement with lands purchased by the town, as in the case of The Nature Conservancy. Albert explained the benefits of third party involvement, citing the planting of elm trees in the LaPlatte nature park as being made possible through the Nature Conservancy. The Planning Committee also spoke to a concern that Town-owned lands be kept in control of the town vs. a third party, and that public access to these properties not be extensively limited. This conversation dovetailed with the next discussion which concerned view shed maps under visual resources. Albert said the view shed map analysis hadn’t been updated recently, but given the issues with solar panels the Town is currently involved with, that update will be done ASAP. The addition of a wildlife habitat map was discussed, and agreed to be a valuable addition to the Town Plan.

Town Survey
The commission received feedback from the Selectboard on the draft copy of the Town Survey that will distributed in September. The purpose of the survey is to yield community input on Town issues to be addressed in the rewriting of the Town Plan. Don Randall of Windward Marketing supplied a rendition of the survey that could be conducted online via Survey Monkey, in addition to the questionnaire format that is planned to be distributed in the Shelburne News.

The commission will await the feedback from a volunteer panel who will review both survey formats for final input, to be presented at the next Planning Commission meeting.