Ioard of Selectmen
Minutes
July 13, 2009
Town Hall Meeting Room
The meeting was called to order at 8:00 A.M. by Chair, Ron Ricci in the Town Hall Meeting Room. Ron Ricci, Leo Blair, and Peter Warren were all in attendance. Lucy Wallace and Tim Clark were not present.
Evergreen Solar
Ron Ricci opened the meeting by introducing Evergreen Solar’s President and CEO Richard Feldt. Ricci explained Mr. Feldt was present to update the Board and residents on their plan for noise abatement. Ricci said he would allow Mr. Feldt to speak and then open the meeting for Board member questions and public comment.
Richard Feldt first thanked the Board of Selectmen for inviting him. Mr. Feldt apologized to the residents for the trouble Evergreen Solar has caused and for not being a better neighbor. He stated it is his responsibility to fix the problems and he promised to do so. Mr. Feldt said a noise consultant has been hired to assist in the noise abatement plan. Mr. Feldt presented a Noise Abatement Plan dated July 13, 2009 showing a detailed timeline (Attachment A). The timeline indicated the dBA level on June 1 to be at 47.
Since then work completed has been:
· Replacement of noisy VOC blower
· Cooling tower speed reduction to 80%
· VOC process fans enclosure complete
· Gas delivery temporary wall
· Sound attenuation added to VOC process fans enclosure
By July 9th the dBA level was down to 44. Once the SDX fans were draped with sound seal and cooling tower condenser pump was enclosed the dBA was reduced to 42-43. Mr. Feldt said currently they are working on enclosures for the ASX and SDX fans which will reduce dBA even further. Mr. Feldt stated the dBA range should be at 37-39 by August 10th and there will be continued reductions through September 15 with a target dBA of 34-36.
Public Comment
Deborah Skauen-Hinchliffe, 221 Still River Road, asked several questions:
1. How will residents be made to feel whole again in the meantime?
2. Asked for guarantee that hazardous waste removal will not come through Harvard?
3. She asked BOS to recommend a monetary penalty for non-compliance?
4. How can we be sure DEC will not drop the ball?
Leo Blair addressed her first question by stating temporary closure of the facility is not an option. He expressed his confidence in Evergreen Solar to address issues in an expeditious fashion. Blair said he is convinced that within the next 25 days the problem will be solved.
Ron Ricci answered her second question stating he did confirm with the Harvard Fire Chief that all hazardous waste removal is taken through the Jackson Road exit. Ricci did say he would ask for confirmation on this from DEC (Devens Enterprise Commission) and MassDevelopment
Blair addressed her third question by stating “He is convinced that Evergreen Solar will comply because it is the right thing to do.” Blair said the ultimate financial penalty would be closure. He indicated the main focus should be to solve the problem. Mr. Feldt did say in the short term Evergreen Solar would be willing to supply temporary housing if requested.
Blair addressed her fourth question by stating he would be meeting with Peter Lowitt and Rich Montourri to encourage them to include the Noise Abatement Plan in their decision. Ron Ricci added the support shown by Senator Eldridge and Representative Benson will not allow the problem to go unresolved.
Bill Carroll, 48 Old Mill Road, first thanked the BOS for their involvement and stated his uncertainty to believe feedback from DEC or Evergreen Solar. He wondered if there would be a check and balance of the data by the BOS?Mr. Feldt explained there is a Noise Abatement Committee and welcomes resident participation. He said members would have access to the facility, consultants and all data collected.
Jay Wallace, 62 Old Mill Road, asked for affirmation from Mr. Feldt that the goal is for full compliance by September 15th. He also asked for clarity on what compliance is and how to continue with it? Wallace suggested the findings be set in some type of procedure or protocol for the future. He also suggested that if Evergreen Solar can not meet dates set forth in the noise abatement schedule they should consider quieting at night or all together. Mr. Feldt explained compliance will be an ongoing activity because as time passes background noise can vary. Jay Wallace recommended monitoring a worst case scenario.
Charles Perry, 42 Old Mill Road, thanked the Selectmen for their efforts. He went on to say that Evergreen Solar has been non-compliant for over a year. He questioned the ability of Evergreen Solar to self measure, “Who can we trust?”
Janice Perry, 42 Old Mill Road, asked if an exterior wall would be built. Mr. Feldt said two 24ft. walls will be built; one around the dust collectors and one around the VOC fans. Perry stressed the importance of addressing the significant noise and vibration made by the trucks backing up and deliveries. Mr. Feldt explained the two main elements to sound are volume and frequency of which both will be addressed.
Mary Fernandez, 43 Park Lane, a client of Dunroven Farm expressed her great concern for the owners of Dunroven Farm and requested a quick resolution.
Laura McGovern, 62 Old Mill Road, said she was under the impression that a permanent wall was ordered by DEC. She asked what could be done immediately to decrease noise at night as compensation to the residents. Mr. Feldt said the sound engineer recommended walls be built around noise sources. McGovern requested the permanent wall be built as well.
At this time, Chairman Ron Ricci closed the public comment section of the meeting. As requested by Selectmen Warren, Mr. Feldt initialed the revised Noise Abatement Plan dated July 13, 2009 including the final compliance portion. This will be attached to the letter from the BOS to DEC. Leo Blair read the letter he drafted to the Devens Enterprise Commission regarding the Evergreen Solar Noise Abatement Plan. Peter Warren commented on his apprehension over extending the Certificate of Occupancy date to October 31st. Leo Blair explained that extending the date will allow time to see if improvements made will be sustainable. Warren suggested consulting with Town Counsel to see what legal options may be available to the Town if Evergreen Solar does not comply. Ron Ricci confirmed Town Counsel Mark Lanza would be in attendance at
9:00AM.
At this time, Ron Ricci asked for public comment on the draft letter.
Bill Carroll, 48 Old Mill Road, questioned the ability for Evergreen Solar to self report accurately. Blair explained the anticipation is that DEC would continue to have their sound consultant evaluating this process and the Noise Abatement Committee will be as well.
Jay Wallace, 62 Old Mill Road, asked to amend the number of business days to comply from 10 to 5. The Board agreed.
Janice Perry, 42 Old Mill Road, asked for clarity on protection for residents once Evergreen Solar is up to 100% operation. Blair said the facility is at maximum capacity now but he does wonder about the ancillary noise which could be harder to control.
Deborah Skauen-Hinchliffe, 221 Still River Road, and Jay Wallace, 62 Old Mill Road both expressed concern over the measurements not including sound produced by daytime transient events such as deliveries and gas tank filling. Blair said hopefully ground mounted pumps will eliminate the noise created by the gas tank filling. Jay Wallace said as the DEC regulations are fine tuned there will be more specifics on what is considered transient noise and what is not. Jay Wallace suggested the DEC create its own Compliance Committee. Leo Blair said this will be discussed at the JBOS meeting this week. Blair commented on the possibility of establishing a separate regulatory department for Devens.
On a Blair/Wallace motion, the Board voted unanimously to adopt letter and endorse Noise Abatement Plan and authorize Leo Blair to deliver it to DEC following this meeting.
**** On a Blair motion, the Board voted unanimously by a roll call vote
(Clark – AYE, Blair – AYE, Ricci – AYE, Warren – AYE) to enter into executive session at 9:36AM, as authorized by Chapter 39, Section 23B of the Massachusetts General Laws, at a meeting for which 48-hours notice has been given, for the purpose of discussing potential litigation . Following the executive session, the Board will reconvene into open session, for the sole purpose of adjourning. ***
The meeting was adjourned at 9:45AM.
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