TOWN OF PLYMOUTH
CONSERVATION COMMISSION
508-747-1620 x139
MINUTES OF THE MEETING
November 23, 2010
The Plymouth Conservation Commission held its regularly scheduled meeting on Tuesday, November 23, 2010 at the Plymouth Town Hall, 11 Lincoln Street, Plymouth, MA 02360. Present were Evelyn Strawn, Chairperson, Gerre Hooker, Vice-Chairman and Commissioners James Aimone, and Paul Withington. The Conservation Planner, Elizabeth Sullivan and the secretary, Michelle Turner, were also present.
Brook Monroe and John Scagliarini were absent.
7:20 PM Michael R. Bruce, 232 Manomet Point Road, Parcel ID No. 046-000A-108-000. A Request for Determination of Applicability to create a parking area including grading and a safety fence, in the buffer zone of the top of a coastal bank.
Michael Bruce represente4d himself and explained his project
Jaime Aimone motioned to issue a negative determination based on conditions laid out by the Town’s Engineering Department. Approved unanimously.
7:25 PM John Alekna, 19 & 21 Chapman Lane, Parcel ID Nos. 048-000-024-006; 048-000-024-007. A Notice of Intent to incorporate a Beach Management Plan in order to maintain existing beach area on Fresh Pond, including the repair/replacement of retaining wall and stairway; vegetation maintenance, replenishment of beach sand as needed and dock maintenance to ensure safety, as needed. Project also includes the removal of the existing concrete boat ramp and replaced with beach sand. All work is within the resource and inland beach of Fresh Pond.
Larry Silva of Silva Engineering Inc. represented the applicant and explained the project. John Alekna was also present to answer questions.
A concrete boat ramp will be removed and replaced with beach sand. Existing seasonal dock will be acknowledged. All concrete will be taken offsite.
No public comment:
Gerre Hooker motioned to approve the project with conditions. Approved unanimously.
7:30 PM Whips Farm Trust, Off Doten Road & Off Clifford Road, Parcel ID No. 042-000-052-000. A Notice of Intent for maintenance of a Bordering Vegetated Wetland (wet meadow), including the removal of non-native invasive plants, annual mowing and improvements of wildlife habitat.
This project is also subject to review by Natural Heritage Endangered Species Program and MESA.
Paul Withington recused himself from this hearing, therefore there was no quorum so no action was taken at this time. The applicant’s representative, Brad Holmes, agreed to continue the hearing.
James Aimone motioned to continue to December 7, 2010 at 8:00 PM. Approved unanimously.
7:40 PM Sustainable New Energy, (Jim Sweeney), 143 Hedges Pond Road, Parcel ID No. 055-000-052A-001. A Notice of Intent to construct two 100 meter wind turbines and associated site work including gravel access roads, crane pads, staging areas, underground utilities and erosion control measures, in the buffer zone of existing cranberry bogs.
Richard Tabazinski, Atlantic Design Engineers began the discussion with a description of the site and also explained what was going on in the area with development, etc. Project site is an active cranberry bog farm. He showed aerial photos. Resource areas are the cranberry bogs and tail water recovery reservoir ponds – all part of the bog operation. Slopes have been cleared for bog grading and have been vegetated and plan will be to keep them revegetated to prevent further erosion.
First plan is for 2 turbines. All work is within upland areas…all within the buffer zone. The project will include gravel access road for material delivery to the site, crane pad construction and gravel lay down areas for turbine components to be placed in preparation of the turbine construction. Existing cleared areas for bog operation will be used for this new project.
Portion of the existing access roads will require widening and stabilized for construction. Once roadway is widened they will be left in place for all turbine construction.
Plans show stormwater controls showing collection points for runoff, but additional runoff should not be created due to gravel. Once construction is completed, left with gravel area with concrete pad and underground utilities will run to Route 3. It was noted that the fenced in secure area may be eliminated from the site, as there are already security measures in place.
Project proposes minimal clearing, all work is buffer zone, area is not in an aquifer protection zone II, not mapped NHESP or MESA. They feel all work meets DEP and local bylaw performance standards. Since client is a farmer he will be diligent in protecting the site.
Silt socks will be utilized, rather than hay bales.
End of formal presentation and commission discussion begins.
Jaime Aimone: How much widening of the road. Road will be widened from 18 ft. wide to 34 ft. wide.
Staff noted that the proposed work will not be getting any closer to the resources than existing conditions.
Gerre Hooker: Have stability tests been conducted. Mr. Tabazinski said that complete geotechnical tests, borings, soil samples, etc. will be completed prior to building permits being issued. That type of information needs to be provided to structural engineers to design of the turbine foundations.
Gerre Hooker continued with the following questions:
How much and what type of fluids in the turbine:
200-300 gallons of petroleum-type products contained in the cell (where blades are attached) at top of tower. No storage on site.
What is the maximum sustained wind velocity for each turbine.
Maximum wind resistance is 140 miles per hour – but noted that turbines do not operate when the wind is at high levels.
Turbines can withstand velocity at 140 mph.
Will a met tower be erected on this tower.
No meteorological (met) tower is being erected on this turbine because there are others met towers in the areas to draw that type of data from
Bird kill statistics:
Bird mortality rate is approx. 2.5 birds per turbine, per year.
Public Comment
Mark Kenney, 94 Treetop Way – asked for the Commission to take the necessary time to make this decision.
Kerry Kearney, 63 Treetop Way - concern with changing the lubricants in the turbines. Also asked about the abutter notification process, which staff explained.
Dr. Lee Burns, 110 Treetop Way – asked about the 100 ft. setback. Staff explained there was not a setback but the 100 ft. is an area of jurisdication.
He also asked about the 225 sq. ft. slab that the tower will rest on but now there will be other concrete foundations left in place
He also had concern with the vegetation replacement on the slopes around the bogs. Appeared to be wild clover covering the bank.
Adam Wolf, 60 Dyer Pass: concern with the potential bird kill statistics because of the large blade square footage. He observes many different species of birds.
Lynn Munoz, 93 Treetop Way, concern with the amount of fluid in the turbine and the possibility of a fall if there was a leak. She also had concern with future maintenance of the road. She also asked about . PA Landers working currently being done where there is a gravel operation going on.
Richard Tabazinski of Atlantic Engineers had the following answers:
First Jaime Aimone asked about the reservoir for containment of a spill.
Mr. Tabazinski confirmed the containment would capture all of the spill.
Transformers proposed are dry or vegetable oil based and they are supportive of a condition in the Order deeming this.
Paul Withington asked if there is storage of lubricants in the bog operation. Mr. Tabazinski said lubricant storage for the farm is all offsite.
Machines will have maintenance as needed, to be certain there are no leaks. Lubricants on the turbines are every 4-5 years.
Mr. Tabazinski answered the following final comments:
Foundations are not yet designed. The bird mortality rate is 2.5 birds per turbine, per year and Mass Maritime reported 1 bird fatality.
Vegetation and erosion control where the slope will be cut back (in the area where the road is widened) will be stabilized as part of the construction of the turbine and a conservation seed mix is acceptable. Spill containment is in place if there is a leak.
Public comment is closed.
James Aimone was confident that safeguards were in place and the project was permittable.
Gerre Hooker would like a continuance for zoning to be in place and for comments from the Agricultural Committee.
James Aimone motioned to approve the project with conditions. Gerre Hooker opposed. The motion was approved by a majority.
7:50 PM Future Generation Wind, LLC, (Keith Mann), Bournehurst Drive at Head of the Bay Road, Parcel ID No. 129-000-002B-001. A Notice of Intent to construct one (1) wind turbine and associated site work including clearing, grading, utilities installation and gravel road improvements. Work is within the resource and buffer zone of an Isolated Vegetated Wetland (cranberry bog), Bordering Vegetated Wetlands and Inland Bank and includes approx. 4900 +/- square feet of cranberry bog replication.
Complete project narrative is available in the Conservation office.
7:50 PM Future Generation Wind, LLC, (Keith Mann), Head of the Bay Road, Parcel ID Nos. Plat 129, Lots 2A-1, 2A-2, 3-U, 6, 15Z. A Notice of Intent to construct three (3) wind turbines and associated site work including clearing, grading, utilities installation and gravel road improvements. Work is within the buffer zone of an Isolated Vegetated Wetland (cranberry bog), Bordering Vegetated Wetlands and Inland Bank.
Complete project narrative is available in the Conservation office.
Both public hearing notices were read into the record simultaneously.
Brian Madden, LEC Environmental Consultants represented the applicant. Richard Tabazinski of Atlantic Design Engineers and the applicant Keith Mann were also present.
First application is for one turbine and resources have been delineated through a prior filing.
This one turbine is proposed in the western most portion of the 48 1/2 acre project site. Turbine is proposed at the maximum setback distance to the Bournehurst neighborhood. Filling 4898 square foot of bog filling and will be replicated in another area at approx. 4960 square feet. Peat will be moved and geotechnical borings will be taken at that time. Almost all of the work occurs in existing developed areas. Erosion control barriers will be silt socks between work activity and the bogs including the entrance areas. Silt socks are proposed within the existing roads and wetlands also. Pruning back of overhead vegetation will occur.
The 3-turbine project located on the 283 acre active cranberry site, located south of Route 25. Access is off Head of the Bay Road and an Order of Conditions has been approved for existing gravel roadway improvements to be made.
Property line setbacks and turbine sitings and minimizing wetland impact in the buffer zone.
Turbine No. 1 is approx. 80 lf. from BVW associated with Nyes Reservoir. Construction consists of the turbine, enclosed by chain link fencing, transformers on concrete pads and development of gravel access road and small parking area. Most of the work activity is temporary disturbance and area would be revegetated to a certain degree.
Areas south of Route 25 is mapped habitat for the box turtle and precautions will be taken to protect habitat areas as well. NHESP/MESA has been reviewed and nesting habitat areas will be improved. A long-term habitat nesting plan will be approved by Natural Heritage.
Access delivery of components will take place on existing bog roads. Erosion control barriers (silt socks) will be in place. Some widening will need to take place – most of it occurring on the opposite side of the wetland.
Turbine No. 4 – will be loamed and seeded after construction.
Turbine No. 3 – portion of existing cart path to be widened
Questions from Commission:
James Aimone confirmed that most of the impacts are with the roadway widening
Gerre Hooker: Confirmed that zoning was in place for the 3-turbine project. She has about the fluid capacity for these turbines and Richard Tabazinski responded that they each held approx. 489 gals of petro-based fluids. Wind speed is per the design.
Paul Withington asked about many of these turbine models are in production – Mr. Tabazinski said over 1000
Public Comment:
Lawrence McGrath, 186 Lake Drive. Concern with turbine stability issues
Jim Sweeney said that the manufacturer provides sensors in the turbine for safety features.
Staff explained that they will monitor the project for the term of an approved Order of Conditions.
Closed public comment:
Vote – Project No. 1: -One Turbine filing
James Aimone motioned to approve the project with conditions. Gerre Hooker opposed. The project was approved by a majority.
Vote – Project No. 2 – Three Turbine filing
James Aimone motioned to approve the project with conditions. Approved unanimously
Other Business:
ACTION ITEMS:
Mark Flaherty of Flaherty and Stefani, Inc.. Letter read regarding: Offer of gift of land off Whitley Trail, new Parcel ID 124-000-002-009 (a portion of lot 2-4).
James Aimone motioned to accept the gift of land. Approved unanimously.
Sign Easement for Wellingsley Brook restoration from Jeffrey Fischer. Gerre Hooker motioned to accept and sign the deed for easement. Approved unanimously and Easement was signed.
CERTIFICATE OF COMPLIANCE:
James and Mary Hulse, 232 Manomet Point Road, SE57-2086 (for Bylaw only)
Note: DEP issued COC in September.
Gerre Hooker motioned to issue COC. Approved unanimously.
Acuity Management, 5 Boundary Street, SE57-1571
(for hazardous waste cleanup).
Gerre Hooker motioned to issue COC. Approved unanimously.
Richard Quintal, 366 Court Street, SE57-1547
(For garage addition and conversion to retail shop).
Gerre Hooker motioned to issue COC. Approved unanimously.
Philips Upham, 37 Manter’s Point Road, SE57-1412
(for landscaping and boardwalk). Gerre Hooker motioned to issue a COC.
Approved unanimously.
Roger & Emma Bachofner, 111 Manomet Avenue, SE57-561
(for seawall construction)
Gerre Hooker motioned to issue COC. Approved unanimously.
ORDERS OF CONDITIONS:
John Alekna, SE57-2518. Gerre Hooker motioned to approve the Order as written. Approved unanimously.
Whips Farm, SE57-2514 – No action taken on this Order.
MISCELLANEOUS:
Margaret Carver, 49 West Long Pond Road, SE57-2516
Accept revised plant list
Gerre Hooker motioned to accept the revised list. Approved unanimously.
The upcoming meeting calendar was reviewed:
December 07 – Public Hearings scheduled.
December 21 – Public Hearings scheduled.
Note: Evelyn Strawn on vacation from Dec 20, 2010 – Jan 4, 2011
Meeting adjourned at 9 PM.
Respectfully submitted,
Michelle A. Turner
Michelle A. Turner
Administrative Secretary
Approved on January 18, 2011
Complete documents are on file in the Conservation Commission Office
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