The Planning Board, at its work session Monday, May 14, decided to issue an unfavorable advisory to the Town Council concerning the latest proposed amendment to the windmill ordinance, formally known as the wind energy conversion system or WECS ordinance.

Following a public outcry over the construction of a highly visible windmill on Corn Neck Road and a proposal to erect one at the old Coast Guard Station, the council declared a moratorium on windmills last August and extended it in February while it struggled to to revise the rules.

Thr council has set a public hearing on a new proposal for next Wednesday, May 23. The moratorium expires on May 29.

"I think that we should give a very strong advisory that this is not enough ... it is still too permissive," said Planning Board member Weld Coxe. The Planning Board raised several concerns about the latest proposal, but its advisory to the council was not available at presstime. Jennifer Brady Brown in the Land Use Office said the recommendation should be finalized Monday, two days before the public hearing.

Based on the muted discussion heard Monday night, the major difference between the council's approach and the Planning Board's wishes is the issue of giving neighbors a voice before windmills are erected.

The council's amendment would continue to allow windmills as a permitted use in residential areas, if certain setback requirements based on windmill size are met. Windmills not meeting setback criteria would require special use permits, which involves neighbor notification and public review before the Zoning Board, according to Town Solicitor Donald Packer.

The Planning Board seems to want to allow windmills only on windfarms, to be zoned where the sight and sound of the machines would not disturb neighbors.

If the council insists that homeowners be allowed to erect windmills, the Planning Board will suggest that all WECS require a special use permit. WECS should, however, be allowed in residential areas where, in the view of the board, all neighbors give their assent.

One member of the Planning Board suggested that the moritorium be extended.

Norris Pike, chair of the Planning Board, opened the WECS discjussion by saying, "We don't have to like what they put in front of us; if they are looking for our recommendation than they should get an honest recommendation on how we really feel … They are going to do what they damn well please anyway."

The Planning Board offers advisory opinions to the Town Council on ordinance changes. The council may vote to enact amendments without taking the board's recommendations.

The board was sympathetic to the complaints of Steve Robison, neighbor to the Jonathan and Jo-Evan's windmill at Corn Neck and West Beach Roads. Robison said that the windmill was too loud and that the council's ordinance would do little to dictate noise levels. The proposed amendment would require that noise generated by any WECS not be more than six decibels over "ambient" noise (the noise level without a windmill) at the property lines.

Tony Edwards of the Planning Board said, "I think that if the sound carries over to someone else's property then it is offensive to them. And I don't care what the decibal of the sound is. You have the right to do whatever you want on your property, but once your activity starts spilling over onto someone else's property, via sound or sight or whatever, that's unacceptable."

The board shared Robison's view that a windmill farm would be an alternative to windmills in residential neighborhoods. Robison suggested that a massive offshore windmill could be subsidized by a government program. Pike instead suggested either the transfer station or the Coast Guard point as a site.

Under the proposed amendment, if a neighbor complained about the noise of a windmill, and the building official found the noise level to be over the allowed decibel level, the owner of the windmill would receive a violation notice and have 90 days to correct the problem before the windmill would be removed from the property, according to Town Solicitor Packer.

"They should be able to have it shut down immediately. They shouldn't he able to continue with that for 90 days," said Pike, who also said that the only fair way to monitor windmill noise would be with a 24-hour decibel meter attached to the windmill that would shut down the machine in high winds or when mechanical problems arose. Pike compared the windmills to 24-hour diesel generators whose noise is regulated under a town ordinance. Packer pointed out that the town chooses to permit windmills while ironically possessing an ordinance to prevent lawnmowers from running before 8 a.m.

In other business:

The Planning Board voted to recommend that St. Ann's-by-the-Sea receive a special permit to construct a 1,465-square-foot addition to the church. The single story addition will accomodate the church's expanding congregation.

The board decided that it would wait to formally talk to a Historic District Commission member before making a recommendation to the Town Council concerning the proposal to alter the Historic Overlay District. It also put off making a recommendation on the commission's proposal for a non-binding review and demolition delay ordinance.