These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. - Open Meeting Law, G.L. c. 30A§22.
Board Members: Marc Garrett, Paul McAlduff, Tim Grandy, Malcolm MacGregor, and Bill Wennerberg
Planning Board Alternate: Ken Buechs
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes:
March 18, 2013
Paul McAlduff moved for the Board to approve the minutes of March 18, 2013 as presented; Malcolm MacGregor, second; the vote was unanimous (5-0).
B562 – Village at South Street
Performance Guarantee and Lot Release
Valerie Massard explained that the Village at South Street project has received two lot releases for building purposes only, one of which was subsequently released for sale. Once the tri-party agreement for just over $18,000 has been executed and returned to staff, the second lot will be released.
Paul McAlduff moved for the Board to endorse the Tri-party agreement and the release for lot 62D-8 (a.k.a. 62D-13), holding the lot release until such time as the tri-party agreement has been fully executed and returned to the Town; Malcolm MacGregor, second; the vote was unanimous (5-0).
Marc Garrett requested that a copy of the executed tri-party agreement be distributed to each staff member.
Site Plan Review – Blue Wave Solar
Off Raffaele Road, Map 83, Lot 19E
Solar Array
Mark Flaherty, Flaherty and Stefani, Inc., identified the site as a 30 acre parcel off Raffaele Road (in Camelot Park) that has been subject to a sand and gravel operation. Blue Wave would like to install a solar field on a site that is already disturbed, next to an Industrial Park. The site abuts the Eel River, Plymouth County land and private property owned by Darlene Nickerson who is supportive of the proposed project. The site is not subject to Natural Heritage, MEPA conditions or Aquifer Protection. There are wetlands bordering the site and the project will be subject to Conservation Commission review. There is an existing NStar power line that will be accessed for transmission. The proposed drainage has been designed to handle a 100 year storm. There will be an 18 ft. wide gravel driveway with
an emergency turn around that will service the site. The Fire Dept. has reviewed the plan and determined that the 18 ft. wide access is adequate and they will have a key to the gate for access. Grass will be planted under the solar panels and the side slopes will be regarded and planted with approximately 1,000 shrubs. An 8 ft. perimeter fence will surround the site with gates.
Public Hearing (cont. form 12.17, 1/7 and 2/25) B576 – Gunning Point Road VOSD, Map 123, Lot 1P-1238
Special Permit request for a 5-lot single-family residential development w/open space
Continuance to April 22, 2013 at 7:10 pm requested by staff
Staff requested that this hearing be continued because the Beal’s and Thomas review was not ready.
At 7:15 p.m. Marc Garrett asked if anyone was in the audience for the Gunning Point public hearing and announced that staff has requested that this public hearing be continued in order to receive a final report from the Town’s consultant, Beals & Thomas.
Tim Grandy moved to continue the public hearing for B576 – Gunning Point Road VOSD to April 22, 2013 at 7:10 p.m.; Paul McAlduff, second; the vote was unanimous (5-0).
The Board resumed the site plan review for Blue Wave Solar.
Paul McAlduff asked what the original intent of the gravel removal project was.
Mr. Flaherty replied that he believed the original intent was to construct cranberry bogs. He noted that the solar project could supply power for over 900 residents.
Mr. McAlduff was not sure if the proposed solar panels would be any more “green” than the cranberry bog that was originally planned.
Tim Grandy asked about the difference in taxes between a cranberry bog and a solar project.
Valerie Massard stated that she would look into the taxation differences.
Malcolm MacGregor asked how many acres of trees would need to be removed to install the solar field and if the trees being removed could be replanted elsewhere on the site.
Mr. Flaherty stated that approximately 9.2 acres of trees would be removed in order to reduce shadows on the solar field. Approximately 4.5 acres would be planted with 1,000 shrubs. He felt that the owner would be amenable to trying to replant some of the trees as a mitigation measure.
Tim Grandy suggested establishing a performance guarantee bond to insure that the proposed mitigation is installed and established.
Marc Garrett commented that this site may not have been appropriate for a cranberry bog as it would be right next to a trout hatchery and there are water quality issues up and down that stretch of the “Trib 2 watershed”.
Ted Portnoy, Solar Design Associates, explained that there would be ten 500 Kw inverter/transformer stations with 17,820 solar panels.
Tim Grandy asked if the Town would be able to purchase renewable energy credits from this site.
James Aiden Foley, Blue Wave Capital, replied that the Town is unsure whether they would be able to purchase power from this site because there is a limit of 10 megawatts per entity and the School Department has contracts for 8+ megawatts. There is a question as to whether the school and the town are separate entities. The power generated would be sold to other municipalities in southeastern Massachusetts. Once built, the solar project would be subject to either personal property tax or a “payment in lieu of taxes” that would equal approximately $40,000 a year.
Ken Beuchs was concerned about removing vegetation and impacts to the Eel River.
Mr. Flaherty noted that the stormwater would be contained on site.
Bill Wennerberg asked about the cost of the project and whether local contractors would be used. He also asked about the lifespan of the system and what happens when the life span has ended.
Mr. Foley replied that the cost is between $10 to $12 million, local contractors could be used, and the life span of a solar field is twenty years. He stated that at the end of twenty years, the project could be renewed or it would be dismantled and removed.
The life span (business is 20 yrs) and the construction is a simple metal structure, preventative maintenance would be quarterly with major maintenance done annually.
Tim asked whether the panels are made in America, whether state or federal grants are being used for this project, and whether there is a contingency to remove the equipment.
Mr. Foley stated that most of the panels are manufactured in China, the federal grant is a tax credit, there is a state incentive, and there would be an agreement with the land owner regarding removal of the equipment.
Mr. Garrett noted that the land would be leased from the owner for a twenty year period.
Patrick Farah recapped by saying that the Board has previously reviewed four site plans for solar projects in Plymouth. Those site plans required more land clearing and one was subject to National Heritage. As this is a site that has already been disturbed, staff recommends support of the project with conditions.
Ms. Massard suggested adding a condition that addresses the containment of nutrients.
Public Comment:
In favor: None
In opposition: None
Bill Wennerberg moved for the Board to notify the Building Commissioner that the site plan complies with the Zoning Bylaw once the following comments are addressed:
Due to the site’s proximity to wetland resource areas, the Applicant may be required to file with the Conservation Commission.
Landscaping:
- The Applicant agrees to amend existing landscaping plans to include additional plantings to be reviewed by the Planning Board with final approval of the satisfaction of the Building Commissioner.
- All re-vegetated areas shall be monitored and re-established as needed to the satisfaction of the Building Commissioner for a period of two growing seasons.
- The Applicant agrees to post a performance guarantee to insure stable vegetation throughout the leased period.
- The Applicant agrees to limit fertilizer and pesticide application to all re-vegetated areas, particularly along the abutting slope to the Eel River tributaries. This will limit nutrient loading as per the Town’s Waste Water Treatment Plant (WWTP) permit requirements.
- The Applicant agrees to meet with Town Staff to discuss opportunities in supplying removed plant material and/or additional plantings for potential uses, if feasible.
As part of Condition No.3 of the Gravel Removal Special Permit, Case No. 2712 Decision, dated January 2, 1996, continued and concluded on January 23, 1996, “The applicant will post a performance guarantee prior to receiving a zoning permit to assure project completion. The performance guarantee will be posted in a form acceptable to the Building Commissioner to cover the cost or re-vegetating the impacted areas and potential off-site damages associated with the project. The amount of said security is to be established by the Building Commissioner upon consultation with the Town’s Engineering Consultant and with final approval of the Zoning Board of Appeals.” This performance guarantee, although never submitted, shall be required by the Property Owner prior to issuance of a building permit.
The Applicant agrees to provide a drainage maintenance plan to the Building Commissioner.
All service roads shall conform to emergency vehicle access and turn radius requirements, as directed by the Plymouth Fire Department.
The Applicant agrees to comply and document any installed lighting with regard to the Light Pollution Bylaw.
Paul McAlduff, second; the vote was unanimous (5-0).
ZBA 3698 – Stop and Shop
Samoset Street, Map 101, Lots 16A-Z, 17A-2, and 17B-3
Special Permit subject to EDC for a wind turbine in an AC zone
Atty. Edward Angley began the presentation for a proposed wind turbine behind the Stop and Shop on Samoset Street by introducing the representatives that would be speaking for the applicant.
Jihad Rizkalla, Vice President of Corporate Responsibilities and Sustainability for Stop and Shop, spoke about their commitment to the health and welfare of their customers as well as caring for the environment. Caring for the environment includes waste reduction and conserving energy. The proposed wind turbine would help reduce their carbon footprint.
Greg O’Brien, Stop and Shop, noted that they circulated a petition and obtained over 1,000 signatures in support of the project.
Rich Tabaczynski, Atlantic Design Engineers, reviewed the location of the proposed wind turbine which will be behind the Stop and Shop building in the Miles Standish Plaza on Samoset Street. The site is approximately 21 acres, is adjacent to Route 3, the Plymouth Industrial Park, Algonquin Height apartment complex, and several commercial businesses. The 55 meter tower for the turbine would make this the smallest turbine proposed in Plymouth. The location of the turbine would meet the setback and fall zone requirements. The turbine will be 150 ft. from an existing wetland area on the property. The turbine would have a 279 ft. rear setback, a 980 ft. front setback, 600 ft. setback from Rte 3 and 890 ft. to the industrial park and 620 ft. from Algonquin Heights and 962 ft. from the nearest residence on the opposite
side of the Rte 3. The full site plan includes the crane pad and utility locations and a cross-section of views. FAA and Mass DOT and MEPA have signed off on the project. A presentation will be made to the Conservation Commission next week. The balloon test was held on February 2, 2013. Mr. Tabaczynski showed photo simulations from various locations around the site. He presented information regarding the extent of the shadow flicker which does not include excessive exposure to any residences.
Doug Sheadel, Modeling Specialties, stated that he conducted two sound analysis studies which establish the ambient sound levels and predicts the sound levels of the proposed turbine which he determined are all within acceptable levels of the Town and the DEP requirements. DEP has yet to comment on the sound analysis.
Dr. Robert McCunny focused on the health impacts of the wind turbines. A small percentage of people report health issues related to noise but it has been determined that noise from turbines does not pose a risk of hearing loss. Some people may become annoyed by the sound of the wind turbines. Wind turbine syndrome is not an accepted disease. Dr. McCunny noted that infrasound of turbines is similar to that of coastal environments and other engineering sources.
Patrick Farah commented on shadow flicker. One residence off Westerly Road will experience a little over 20 hours of shadow flicker annually and several other residences may experience 10 hours or more. Mitigation may be necessary. Some residents of Algonquin Heights will have a clear view of the proposed turbine. Mr. Farah recommended continuing this review until the DEP comments regarding the acoustic study have been received.
Public Comment:
In Favor:
Kevin O’Reilly read a letter from Jeff Luce, who has worked over 38 years in the electric utility industry was, in support of the wind turbine.
Liz Argo submitted some videos in support of the wind turbine.
Dustin Taylor felt that the size and location of the proposed wind turbine was appropriate and was preferable to a cell tower or a telephone pole.
Zelda (last name unknown) was supportive of the proposed renewable energy project.
Jason Bowie was supportive of Stop & Shops proposal and that other businesses should follow suit.
In Opposition:
David Palioti represented the Algonquin Heights Association who are opposed to the construction of a wind turbine because of adverse health impacts of noise, shadow flicker, and lighting. They also feel that the value of their real estate would be diminished and the aesthetics of the turbine would impact the residents. There is no public benefit to the turbine. There was inadequate notification of the public hearing process. The 600 residents should be notified of all public hearings.
Marc Garrett asked for staff to look at the abutters list to see if proper notification was sent.
Ms. Massard stated that an advertisement was put in the paper and notices were sent to the abutters.
Stephen Ambrose commented that the long term noise monitor was too close to Rte 3 and was not evaluated near Algonquin Heights. Mr. Ambrose stated that the information in the study was not adequate and the study should be redone.
Patrick Farah noted that there was a supplemental photo simulation received by the Board.
Ms. Massard stated that the notice of the public hearing was sent to the Algonquin Heights owners and there has not been any mail returned as undeliverable.
Everett Malaguti spoke in opposition as the location is too close to residences.
Paul McAlduff moved for the Board to continue their review to a date uncertain to allow DEP comments to be received and reviewed; Tim Grandy, second; the vote was unanimous (5-0).
Tim Grandy moved to adjourn at 10:03 p.m.; Paul McAlduff, second; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen Hawthorne Approved: April 29, 2013
Administrative Assistant
| 
