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: Marc Garrett, Paul McAlduff, Larry Rosenblum, Tim Grandy, and Bill Wennerberg
Staff Members: Lee Hartmann
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
The Board approved the minutes of May 10, 2010 as presented.
The Board endorsed the plan and covenant for B562 – Village at South Street.
The Board determined that the following Form A plans are entitled to endorsement:
A4365 – Frost-Warren Trust, Map 52, Lot 11 (18,300 sf) and Betty W. Davis, Map 52, Lot 10B (1.4 A), Black Pond Lane – Lot line adjustment to create lots 10-1 (1.4 A) and 11-1 (18300 sf) and easement definition on lot 12
A4366 – Pinehills LLC and Whitman Homes LLC, Map 77D, Lots A-206 (104127 sf), A-207 (80231 sf), A-208 (68545 sf), 10-466 (7046 sf), 10-467 (5987 sf), 10-470 (9835 sf), 10-472 (5175 sf) and 10-473 (5233 sf) – Lot line adjustments and creation of two new lots as follows: A-220 (95180 sf), A-221 (68394 sf), A-222 (79960 sf), 10-484 (7178 sf), 10-485 (6126 sf), 10-486 (6571 sf), 10-487 (5278 sf), 10-488 (5281 sf), 10-489 (5813 sf) and 10-490 (6399 sf)
Paul McAlduff moved for the Board to approve the Administrative Notes as presented; the vote was unanimous (4-0).
Discussion:
Site Plan Review
Lee Hartmann asked the Board for their input on the draft Site Plan Guidelines and for approval to circulate the draft to those that work with the bylaw on a regular basis. He noted that the landscaping component of the document needed further review.
Larry Rosenblum was supportive of the draft and sending the document to others for review.
Marc Garrett had some reservations about circulating the documents until the landscaping component has been updated. Mr. Garrett stated that the Board needed to address tying the document to the regulatory process and how it would be implemented.
Mr. Hartmann suggested that the Board consider defining which allowed uses and special permit uses should be subject to site plan review. Mr. Hartmann stated that the Board should also identify which projects would require formal vs. informal review.
Bill Wennerberg joined the meeting.
Mr. Garrett felt that site plan review should apply to most commercial projects and larger residential projects. Site plan review should not apply to single family residences.
Mr. Hartmann stated that developers would be encouraged to attend a pre-application review. The Board should decide whether the document should be a stand alone document which is incorporated by reference into the zoning bylaw and/or the subdivision rules and regulations.
Mr. Rosenblum asked if there were any legal constraints to requiring site plan review.
Mr. Hartmann stated that in Massachusetts, it is either an informal process or required as part of the special permit process.
The Board will continue their review of the Site Plan Review Guidelines.
BOA 3584 – Future Generation Wind LLC
810 Head of the Bay Road, Map 129, Lots 2A-1, 2B-1, 15-Z, 2A-2, 3-U, 6 and 16
Sitting: Bill Wennerberg, Larry Rosenblum, Marc Garrett, and Paul McAlduff
Tim Grandy recused himself from this review and joined the audience.
Atty. Robert Betters began the presentation on a request for a special permit subject to EDC in order to construct wind turbines on property located at 810 Head of the Bay Road. The original request for five turbines has been amended to four turbines. Turbine 5 has been withdrawn while the applicant considers relocating it closer to property owned by the Dept. of Fish and Wildlife. A separate petition will be filed at a later date for Turbine 5. The petitioner continues to discuss mitigations with the abutters that will be affected by shadow flicker. Atty. Betters noted that the petition meets the requirements of the bylaw and is therefore entitled to the special permit.
Richard Tabaczynski, Atlantic Design, reviewed the spacing and location of the four turbines. The locations were determined by the available wind speeds with constraints dictated by wetlands, reservoirs, bogs, and property line issues. The four turbines are in excess of 1,000 ft. from any residences. There are approximately fifteen homes along Lake Drive that may be affected by the shadow flicker. The petitioner is working with the homeowners to determine what mitigation will be necessary to minimize their impacts.
Keith Mann explained to the Board that he is trying to qualify for ITC funds in order to make the project financially viable and that in order to qualify, he has to start his project by December. He has met with Fish and Wildlife on the relocation of Turbine 5 and they have offered preliminary support. Mr. Mann will continue his outreach to the abutters in regards to mitigation packages.
Patrick Farah presented residential buffer maps illustrating at 1,000 ft., 1,500 ft., ½ mile, and 1 mile the limited areas where turbines could be located. Mr. Farah noted that the staff report has been amended to reflect four turbines and that Malcolm MacGregor, former Planning Board member has submitted a letter in support of the four turbines.
Paul McAlduff presented a report done by the US Dept. of Energy stating that wind turbines do not have a negative impact on residential property values.
Larry Rosenblum informed the Board that he listened to the Webinar on wind energy that was held recently and found that the information regarding affects of wind energy were inconclusive. Mr. Rosenblum felt that there wasn’t enough data to support any position.
Bill Wennerberg stated that he spoke with many of the neighbors over the past weekend.
Public Comment:
In Favor:
Marc Garrett read two letters of support into the record. The letters were from Malcolm MacGregor and Peter and Joyce DeLutis.
Dr. Jeff Herbst, Tudor Ingersol, Carl Ingersol, Kim Gardner, Barbara Jacobs, Christine Keese, Kurt Grevenite and Lenny Lanzarato spoke in support of the wind turbine project.
In Opposition:
Kay Turgeon, Nancy Turgeon, David Daylor, and Tom Booth
Larry Rosenblum encouraged the petitioner to find a balance between the maximization of his business benefits and the impact to the neighborhoods. He also encouraged the petitioner to further reduce the number of turbines.
Marc Garrett asked for information on the financial viability of the project with a reduction in turbines.
Mr. Mann replied that assuming prices stay at the current level it would take approximately ten years to break even.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals for the four wind turbines subject to the following conditions:
The Petitioner agrees to limit vegetation disturbance during construction and will replant upon project completion a number of trees in locations determined based on consultation with Planning Staff.
Erosion control measures shall be depicted on the final plans. The use of erosion socks as part of the Stormwater Pollution Prevention Plan is encouraged.
The tower shall be lit per Section 205-73 D(4) of the Bylaw and be a neutral, non-reflective color designed to blend with the surrounding environment, subject to applicable FAA requirements.
For the residences on Lake Drive within the 30-40 hour zone shown graphically on the Shadow Flicker Impact in the analysis report specified above (Submitted Documents, Item 7), the Petitioner will implement measures to reduce the flicker for those residences below thirty (30) hours/year. Such measures may include planting of trees/vegetative buffers, window treatments, operational measures and/or other effective measures.
No advertising signs are allowed for the wind turbine towers and their equipment cabinets. The allowed signage, required by the FCC, is to identify the owner of the facility and provide a twenty-four (24) hour contact number and other pertinent information.
The data, raw and otherwise, collected from the installation of the MET tower subject to this Special Permit, shall be provided to the Town of Plymouth Planning Department and the Town of Plymouth Energy Committee within six (6) months of the removal of the MET tower.
The Zoning Board of Appeals shall require that an escrow account or other suitable surety be established to ensure adequate funds are available for removal of the wind turbine tower. The amount of such surety shall be equal to 150 percent of the net cost of compliance with Section 205-73D(10) of the Bylaw. The amount shall include a mechanism for a Cost of Living Adjustment after ten (10) and fifteen (15) years.
Any non-substantial changes or additions to the project shall be submitted to the Zoning Board of Appeals in writing for review and approval in an informal hearing before the contemplated modifications may be initiated.
The Town is entitled to pursue the remedies set forth in Section 205-15 of the Bylaw in the event that the terms of this Special Permit approval are violated.
Prior to the certificate of completion, said improvements are to be installed under the supervision of a registered professional engineer. The engineer must certify that the physical improvements noted in the site plan have been installed in accordance with the conditions noted here and accepted installation practices.
If the Nordex N100 Wind Turbine system or a comparable turbine not exceeding the relevant specifications of the Nordex N100 Wind Turbine is not the final selection of turbine for this project, the Petitioner shall return to the Board of Appeals for final approval of the manufacturer, color and specifications of the turbine. This review will be done at an informal hearing.
The Building Commissioner is authorized to allow internal site field changes to the plans that do not amount to a substantial modification of the plans.~ Such changes may include substituting or moving particular plant material, number of shrubs or trees; moving a structure in a manner that does not materially change the project; reconfigure drainage areas; or similar changes where it is impractical to install or construct as originally designed.
Mr. Wennerberg asked if the petition complies with the Zoning Bylaw.
Lee Hartmann stated that the project complies with the bylaw.
Mr. Rosenblum was concerned that mitigation has not been resolved yet. He suggested reducing the number of turbines.
The vote was (2-1-1) with Larry Rosenblum in opposition and Bill Wennerberg in abstention.
Timothy Grandy rejoined the Board.
Other Business:
B426 – Little Hios Hills
Recision of Release of Covenant and Amended Tri-Party Agreement
Lee Hartmann presented an amended Tri-Party Agreement and a Recision of Release of Covenant for B426 – Little Hios Hills. For financial reasons, the developer has requested that half of the lots that were previously released be rescinded and the tri-party agreement be amended to reflect the recision.
Paul McAlduff moved for the Board to endorse the amended Tri-Party Agreement and Recision of Release of Covenant for lots 37-104A, 37-105A, 37-70A, 37-71A and 73-72A for B426 – Little Hios Hills (a.k.a. Ship Pond Estates); the vote was unanimous (5-0).
Larry Rosenblum informed the Board that the Courthouse Consortium will be updating the Board on their progress sometime in June.
Paul McAlduff informed the Board that the contractor has broken ground on Plymouth North High School. There will be an official ground breaking ceremony on June 9, 2010.
Marc Garrett updated the Board on a meeting with Board of Selectman Chair William Hallisey. The goal of both Boards will be to increase communication and discussion.
Paul McAlduff moved to adjourn at 9:35 p.m. the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: June 7, 2010
Administrative Assistant
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