These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law – Section III.
Board Members: Malcolm MacGregor, Marc Garrett, Loring Tripp, III, Paul McAlduff, and Larry Rosenblum
Planning Board Alternate: Timothy Grandy
Staff Members: Valerie Massard
Recording Secretary: Eileen Hawthorne
Administrative Notes:
The Board recommended approval to the Zoning Board of Appeals for Case #3461 – Bertucci’s Corporation, Plaza Way, M 104, Lot 14K-153 – Special Permit for sign exceeding size and number allowed and lighting of existing sign in order to add an 18.125 sq. ft. sign to the rear of the building and to light the existing sign on the east side of the building.
The Board will send a memo of support to the DPW for the proposed dam removal project at Plymco and Off Billington Street on Town Brook.
The Board recommended that the clerk endorse the following Form A plans once a note has been added that clarifies that there will only be a single curb cut on Black Cat Road to service all lots:
A4279 – Crimson Cove Realty Trust – Map 90, Lot 17-1 (2.74A) and 17-2 (17.97A), Black Cat Road – Subdivide into lots 17-3 (6.14A), 17-4 (8.89A) and 17-5 (5.68A)
A4280 - Crimson Cove Realty Trust – Map 90, Lot 17-5 (5.68A), Black Cat Road – Subdivide into 17-6 (2.83A) and 17-7 (2.85A)
Paul McAlduff moved to approve the above-mentioned administrative notes with the note to be added to A4279 and A4280 limiting access for all new lots t the northeast of the bog to a single curb cut on Black Cat Road; the vote was unanimous (5-0).
BOA 3458 – Mulcor Wind Inc.,
Mountain Hill Road, Map 60, Lot 3-36 and Map 64, Lot 16 – SP Subject to EDC for a wind energy facility and SP to exceed height requirements in order to construct a wind test tower (12/5)
Atty. Robert Betters presented a request for a special permit to exceed the 35’ height requirement and a special permit for a temporary meteorological study tower in order to erect a temporary 196.85 ft. meteorological tower (MET) tower that would collect data to aid in determining whether the site would be appropriate for the erection of wind turbines. The MET tower gathers information on wind speed and direction, humidity, rain fall, and other pertinent information. If the data collected is favorable, the petitioner would then apply for the special permits necessary to erect wind turbines. The original petition was for the erection of two wind turbines of varying heights and a MET tower and has been amended to seek special permits for the MET tower only. The petitioner has reviewed staff’s
recommended conditions and has no objections. The Board of Appeals public hearing is scheduled for the December 5, 2007.
Valerie Massard stated that the advisory reviews that staff received were for the original petition for the three wind turbines and the MET tower, but the Board is reviewing the MET tower only due to the change in the petition. The Energy Committee reviewed the proposal and was supportive of testing to determine if the site was feasible. They felt more information was needed regarding the utility lines, transmission, easements/rights for the transmission/utilities, ancillary facilities, access and land disturbance for construction and maintenance, etc. if the wind turbines were applied for. Cedarville Steering Committee reviewed the original proposal and no written report has been received, but it is staff’s understanding that they had many of the same concerns as the Energy Committee. The Conservation
Commission stated that the property is not in a mapped rare/endangered species habitat area and that any work proposed within a wetland resource or its buffer zone will require permits. The Town Engineer had concerns about the wind turbines being located within land that was deeded to the Town under the B521, Twilight Hills special permit, signage of potential fall zones should be installed in public areas, widths and sight distances for traffic safety must be provided for any large construction equipment and should be shown on a plan and paved construction apron should also be shown on the plan. The project may be subject to Federal NPDES (EPA) or Massachusetts Stormwater Permits. Staff received comments from the Airport Commission today. They requested that no determination be made until the FAA has given a “no hazard” determination and that lighting the tower would add to flight safety in the area. The Airport Commission was
concerned with the proximity of the proposed tower to the coast and the Visual Flight path along Route 3 and the fact that coastal weather conditions often have a sudden onset of fog with rapidly lowering cloud ceilings and visibility. Ms. Massard suggested that if the tower was to be lit, only low intensity red light should be used during nighttime hours and the light should be shielded from the residences. Staff has also recommended adding a condition that the tower would have to be dismantled within 18 months of erection and that any disturbed areas would have to be loamed and seeded. Ms. Massard also stated that if a future filing for permanent wind turbines on Map 64, Lot 16 was submitted, it would have to address al the issues outlined previously including the TDR under B521, Twilight Hills and specific details would have to be submitted regarding the potential public benefit if the Town were to accept this property and lease the site to the proponent,
and any other net benefits to the Town associated with the project.
Ethan Warren, 878 Long Pond Road, representing several of the Mountain Hill Road, Caleb Hollow Association and Bloody Pond residents addressed the Board regarding their concerns. They felt that the MET tower was inappropriate in this location. They felt there was no reason to approve a test tower as a preface to the wind turbines when the wind turbines would not meet the specifications required under the Wind Energy Facilities Bylaw. The wind turbines would be a private, commercial enterprise located too close to residential neighborhoods and would have a significant impact. There is no real public benefit as required under the bylaw, they would detract from the visual character of the neighborhood, the noise is a huge concern, the lights would detract from the character of the neighborhood, they could have a significant
impact on the surrounding conservation areas, property values would be diminished, and shadowing/flickering will impact the residents.
Ms. Massard showed a locus map of the open space and conservation lands in the area.
Marc Garrett questioned whether the land in reference to the TDR for B521, Twilight Hills was a sending area.
Ms. Massard replied yes.
Bill Gould, Alexander Sinai, Mark Tozlowski, Ben Daly, David Benedict, Steven Penlington, Sharon Riley, David Fuss and others, voiced their concerns about the test tower and their opposition to wind turbines in the proposed location. Their concerns were similar to those outlined by Mr. Warren.
Atty. Betters stated that the minimum time the tower would be erected would be six months and that it would only be up as long as necessary to collect the data. They do not expect to have the tower up for the entire eighteen months. Atty. Betters noted that the nearest residence is that of Mr. Mulligan (680 ft.) and that Mr. Tozlowski is approximately 940 ft. away from the proposed MET tower site.
Wayne DelPico, Mulcor Wind Inc., stated that the temporary balloons were floated for visual purposes. The MET tower would gather information that is site-specific and would help to determine what size equipment would be appropriate if the wind turbines were feasible.
Paul McAlduff assured the neighbors that he was under the Planning Board’s direction to take pictures of the site during the balloon test and site visit and received no compensation for his work. He did not photograph the view of the balloon test from the Bloody Pond area, but did from many areas surrounding the site.
Larry Rosenblum stated that it was necessary to erect the MET tower to extrapolate data that would help to define a set of standards that might allow wind turbines to be brought in. Mr. Rosenblum stated that there is a need for alternative energy sources and the test tower would be the first step. A separate special permit process would be required for the wind turbines at this site.
Marc Garrett is supportive of wind power, but was not sure if this is an appropriate site. Mr. Garrett felt that the test tower would be an appropriate mechanism to gather information that would be necessary to evaluate whether this site was viable.
Loring Tripp had some concerns with the impact to the neighborhoods, especially visual, and felt that the test tower and wind turbines would be more appropriate in an industrial area.
Paul McAlduff asked whether the test tower could be erected in another location after the data has been collected on this site.
Wayne DelPico replied yes.
Malcolm MacGregor was supportive of the test tower as we need the data. Mr. MacGregor asked what type of vegetation would need to be removed in order to erect the tower.
Mr. DelPico stated that only necessary vegetation would be removed . An existing road would be utilized to bring the tower in and to install it.
Mr. MacGregor was not supportive of lighting the tower.
Mr. Rosenblum stated that if there is a safety issue the light would be necessary.
Loring Tripp was supportive of requiring a light for safety reasons.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals.
Larry Rosenblum moved to amend the vote to include the comments from the Airport Commission in the recommendation and that a light be required even if the FAA does not recommend it; the vote to amend the recommendation was (3-2) with Malcolm MacGregor and Paul McAlduff in opposition.
The vote to recommend approval to the Zoning Board of Appeals, subject to the following conditions was (4-1) with Loring Tripp in opposition:
Conditions:
The proposed tower shall be dismantled within 18 months from the date of erection.
The tower shall be lit with only low intensity red lighting should be used during nighttime hours, consistent with FAA guidelines and the Bylaw, whether or not the FAA requires the lighting based on the recommendations of the Plymouth Airport Commission.
Any areas of disturbance shall be loamed with 6 inches of loam, raked and seeded with an appropriate wildflower or other approved mix prior to October 1 of the year in which the tower is installed. Any areas of disturbance shall be similarly treated by October 1 of the year in which the tower is removed.
If a future filing for permanent wind turbines is proposed under Section 205-73 to include Map 64 Lot 16, that filing must address the following:
(a) The Transferred Development Rights under Planning Board Special Permit Case No. B521 on the subject property.
(b) Specific details regarding the potential public benefit if the Town were to accept a portion or all of this property and lease the site to the proponent, and any other net benefits to the Town associated with the project.
All of the advisory comments noted herein shall be addressed in the future filing.
Larry Rosenblum encouraged Malcolm MacGregor to have a discussion with the Board of Selectmen and County officials regarding the reuse of the County buildings in the Russell Street area.
Mr. MacGregor agreed to contact Mr. Quintal, Chair of the Board of Selectmen.
Loring Tripp moved to adjourn at 8:40 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: November 19, 2007
Administrative Assistant
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