SOMERSET COUNTY PLANNING AND ZONING MINUTES

SOMERSET COUNTY
PLANNING AND ZONING
MINUTES
JANUARY 5, 2012
The meeting of the Somerset County Planning and Zoning Commission was held in the meeting
room of the Somerset County Commissioners, Room 111, in the Somerset County Office
Complex at 11916 Somerset Avenue, Princess Anne, MD. The Somerset County Planning
commission members present included Robert Fitzgerald, Chair, Stephen Megronigle, ViceChair, Dr. DeWayne Whittington, Dr. Mary Fleury, Carol Samus, and Ned Shores. Also present
were Staff members of the Department of Technical and Community Services, Gary Pusey,
Director and Robert Cadwallader, Planner.
Mr. Fitzgerald opened the public hearing for the text amendment to the Somerset County
Zoning Ordinance at 7:02 pm. This ordinance was to allow industrial wind energy conversion
systems in the AR Agricultural Residential district; the C-2 General Commercial district; the I-1
Light Industrial district; and the I-2 General Industrial district by Special Exception and to
establish development standards for these systems.
Mr. Gary Pusey, Director, read the advertisement as published in the two local newspapers
(Somerset Herald and the Crisfield-Somerset County Times) in to the record. He then read the
staff report into the record. In addition, he highlighted the two attachments to the staff report,
which included the handout from the NAS Patuxent River and the Atlantic Test Range and also
the proposed text amendment ordinance dealing with Industrial Wind Energy Conversion
Systems (IWECS).
Mr. Pusey stated that most of the locations of the large wind turbines would likely be in the AR
zone since that is the predominant zoning district in the County. It may be difficult to locate a
tower in other zoning districts due to the setback requirements.
Mr. Pusey highlighted some of the concerns with large wind turbines that have been raised in
other areas of the country, and summarized how the draft ordinance addresses these concerns.
They are as follows:
1. Aesthetics – The height restriction is based on setback requirements, which from the
property line is the height of the tower (highest blade point in vertical position) plus 20’
feet to the property line. There are other setback requirements from residences,
schools, churches, etc. Mr. Pusey noted that the height of the turbines will still make
them visible for some distance despite the setback requirements. The Ordinance also
requires that the turbines be a neutral color with no advertising.
2. Noise – A maximum of 65 dB at the property line during the daytime and 55 dB at night
to conform with State law.
3. Radio/Television Signal Interference – A study paid for by the applicant is required at the
time of Special Exception application to the BZA identifying any interference with these
signals.
4. Bat/bird kill – Studies conducted along the Eastern Seaboard over may years appears to
indicate that bat and bird kills are minor (expect 3-4/year/tower, and these consist
mostly of songbirds with no endangered species identified).
5. Shadow flicker – The applicant must takes steps to minimize, including screening efforts
if Board of Zoning Appeals (BZA) requires it.
6. NAS Patuxent River – The NAS Patuxent River concerns were partially addressed.
Applicants will be encouraged to contact NAS at an early stage to attempt to address
concerns, and in accordance with Federal Law any turbines that exceed 200’ in height
must go through the FAA review process, of which the DoD and NAS are a part.
However, the ordinance does not give authority to NAS to approve or deny turbines, but
instead provides an opportunity for NAS to object to turbines at the BZA’s Public
Hearing for the Special Exception.
7. Bonding is required for decommissioning. The amount of the bond is based on the total
decommissioning cost less the salvage value of the turbine, so no bond will be required
if the salvage value exceeds decommissioning cost. Both the decommissioning cost and
the salvage value are to be determined by an independent, certified professional
engineer at the expense of the applicant, and a revised cost determination is required
every five years.
Mr. Pusey stated that if the Special Exception for a turbine is approved by the BZA, then a site
plan must also be approved by the Planning Commission.
Mr. Fitzgerald invited any proponents from the audience to speak.
Mr. Andrew Gohn from the Maryland Energy Administration thanked the Planning Commission
for asking him to be a part of the process and then asked what would be the process if the
Special Exception was approved but the Planning Commission denied the request? Mr. Pusey
stated that the purpose of the BZA was to answer the question “is this a proper use of the
land”? and the purpose of the Planning Commission looks at the site conditions to see if the
proposal meets the ordinance requirements. These are two different questions to be answered
and if the use is approved by the BZA, the Planning Commission would only be concerned with
where the turbine will be located on a parcel and how the site is designed.
Adam Cohen from Pioneer Green Energy thanked the Commission for being so open in the
process and accepting input from all interested parties.
Mr. Fitzgerald asked if there was anyone in opposition who wished to speak, and there were
none.
Mr. Fitzgerald then asked if anyone else would like to speak, and reporter Debra Gates from the
Salisbury Times asked if the Blue Water project in Delaware would have any impact on the
projects proposed in this County? (Delmarva Power cancelled the purchasing of Blue Water’s
generated power). Mr. Gohn responded by saying off shore production is totally different
(much higher cost and relying on Government dollars for funding). Land generation is much
more mature and costs are closely approaching those of fossil fuels.
Mr. Ned Shores made a motion to send the text amendment to the Somerset County
Commissioners for their consideration. Ms. Carol Samus seconded the motion. Motion passed.
Other Business:
Mr. Gary Pusey remarked that PlanMaryland was still being discussed by the State and the WIP
process has been sent to the EPA for their comment. We can revise Somerset County’s input up
until July 1, 2012 as additional data becomes available. Our numbers are good at this point but
the narrative needs additional work.
Mr. Fitzgerald stated that in the Baltimore Sun it was reported that the leaks in the sewer pipes
for Baltimore City alone equals enough nitrogen to grow 1,500 acres of corn per year.
Dr. Whittington made a motion to adjourn the meeting and Dr. Mary Fleury seconded the
motion. Motion passed at 7:35 pm.
Respectfully submitted,
Bob Cadwallader, Planner

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