OCEAN CITY – Two separate matters on 6th Street came before the Planning and Zoning Commission this week — the approval of a site plan for a new condominium and the postponement of a public hearing regarding the installation of a wind turbine.
A public hearing was to be held before the Planning and Zoning Commission on Tuesday evening regarding the installation of a wind turbine on 6th Street and the bay. Ocean City resident James Motsko has requested a Conditional Use in the R-2 Medium Residential District to permit the installation of one ground-mounted small wind turbine on his property.
Zoning Administrator Blaine Smith acknowledged Motsko’s request is the first for a monopole base wind turbine within the limits of Ocean City, and he is “the author of bringing wind turbines into Ocean City” as he has been working on this matter since 2009.
Upon Motsko’s request, in 2009 the council passed an ordinance allowing wind turbines in Ocean City based on a Conditional Use permit.
The original ordinance stated, “the base of the tower shall be set back from all adjacent property lines, public right-of-way, and public utility lines a distance equal to 1.1 times the total height. A turbine may be located closer to a property line if the abutting property owner grants appropriate easements.”
An issue arose when Motsko requested to install the wind turbine on the waterline of his property, therefore the adjacent neighbor being the Maryland Department of Environment, and it was discovered the regulatory agency did not grant easements but would grant permission.
The ordinance was then amended to state, “Properties located on open waterfront may locate a turbine closer to the shoreline provided they obtain approval from appropriate regulatory agencies.”
“The ordinance was amended, and Mr. Motsko is here tonight to follow up on his hope to install a wind turbine on his property,” Smith said.
However, he pointed out the Zoning Code regarding wind turbines set strict standards, such as sound levels. Smith questioned if the commission wanted to postpone the hearing because Motsko’s engineer, J. Stacey Hart & Associates, Inc., was unable to attend and address if the installation will meet the technical criteria required by the Zoning Code.
The applicant did submit a sound reading chart. According to the chart, the 45-foot tall turbine produces 55-70 decibels at a speed of 14 mph. The Zoning Code limits sound at 55 decibels at night, although the level is higher during the day.
The commission questioned whether that sound reading is from the highest point of the turbine or from the ground. Smith was not comfortable answering without the engineer present.
There are a few similar wind turbines in the area, such as at Nantuckets Restaurant in Fenwick Island. Commission member Peck Miller wondered if the city could have the police department or an independent engineer conduct sound readings of other wind turbines before forming a decision.
“I would be more comfortable hearing from an expert,” he said.
Although he is all for approving the turbine, Commission member Palmer Gillis said without an independent report the commission’s decision would be based solely on the information provided by the applicant’s engineer.
“The engineers are the ones who can interpret the chart and tell you what to expect. That is the expert testimony that you can depend on,” Smith said.
Knowing Motsko has waited years to have the turbine approved, the commission couldn’t help but feel a postponement would be the best choice before forwarding a recommendation to the Mayor and City Council.
“I hate to have you go through this because you have been at this how many years now? But if we send a recommendation to the Mayor and City Council that doesn’t have data behind it to support it, it is just going to get kicked back,” Commission member Lauren Taylor said.
The commission voted 4-0 to postpone the public hearing to Dec. 16.
In other news, a site plan review of a six-unit residential condominium, each with four bedrooms, located on the southwest corner of 6th Street and Edgewater Ave. also came before the commission. The applicant is Todd Burbage. The site plan was drawn by Fisher Architecture.
“There are currently six units on the property that are underutilized, and the proposal is to raze the buildings to create a six-unit condominium,” Smith said.
Ocean City Development Corporation (OCDC) Executive Director Glenn Irwin stated the organization has preliminarily reviewed the plans but will sit down with Fisher Architecture to discuss in detail.
Initial concerns included adding fencing and landscaping on the street front, elevation, adding windows to break up solid exterior walls, adding columns on the front porches for support and the color scheme.
Taylor made a motion to approve the site plan contingent upon the conditions set forth by OCDC, and having OCDC sign off on the final design prior to construction permits being issued. The council voted 4-0 to approve with members Joel Brous, Pam Buckley and Chris Shanahan absent.