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Zoning Board of Appeals Minutes December 1, 2010
These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting – Open Meeting Law – Section III.

Members present:  Peter Conner, David Peck, Michael Main, William Keohan, Edward Conroy, James Simpson and Ryan Matthews

Staff present:  Paul McAuliffe and Marilyn Byrne

Public Hearing – Case No. 3232
        Manomet Ponds, LLC
        “Off” Bates Road

Sitting: Peter Conner, David Peck, Michael Main, Edward Conroy and William Keohan

The Clerk read the legal advertisement into the record.

The Clerk then read a letter from Attorney Robert Kraus requesting the Board to continue the hearing to a date in January, 2011 due to an unforeseen medical emergency of the petitioner’s representative.  

Mr. Main motioned to continue the hearing to January 19, 2011 at 8:00 PM. Mr. Peck 2nd. Unanimous 5-0 in favor of continuing the hearing.

Public Hearing – Case No. 3607    
        Colony Place Development, LLC
        Colony Village Drive

Sitting: Peter Conner, David Peck, Michael Main, Edward Conroy and William Keohan

The Clerk read the legal advertisement into the record.

Attorney Edward Angley represented the Petitioner. Richard Tabaczynski, PE, Atlantic Design Engineers, LLC conducted his presentation, citing height of structure, proximity to residences and an aerial view of the surrounding neighborhoods.  Wallace MacCarroll, MA D.O.T., Brian Kuhn, Aeronautica and Don Smith, Saxon Partners  addressed questions from the Board. The Board  requested a continuance in order for the petitioner to return with the MA D.O.T. letter of approval  and a written response from Atlantic Design relating to the Beals and Thomas Review.

Public Comment in Favor:  None

Public Comment in Opposition: Ben Hanley, Russ Appleyard, Kerry Kearney


SUBMITTED DOCUMENTS:

1.      Site Plan entitled “Special Permit Site Plans for Colony Place Wind Project” (8 pages) dated October 5, 2010, prepared by Atlantic Design Engineers, LLC of Sandwich, Massachusetts (“Atlantic Design”).

2.      Colony Place Turbine Project entitled “Environmental Impact Statement” (25 pages) dated September 28, 2010, prepared by Atlantic Design.

3.      Product General Description, UNISON Wind Turbine for IEC Class I, II, & III Wind Conditions (750kW), “ Unison 750kW Turbine” (8 pages), prepared by Unison Co., LTD, Republic of Korea, provided to the Town of Plymouth by Atlantic                  Design.

4.      Letter entitled “Determination of No Hazard to Air Navigation” (5 pages) dated September 2, 2010, prepared by Federal Aviation Administration of Fort Worth, Texas.

5.      Aeronautics Division MassDOT File No.: 10PYM-V0305-22 entitled “Request for Airspace Review” (2 pages) dated August 24, 2010, prepared by the Massachusetts Department of Transportation.

6.      Colony Place Wind Project entitled “Shadow Flicker Analysis” (47 pages) dated September 28, 2010, prepared by Atlantic Design.

7.      Colony Place Wind Project entitled “Acoustic Analysis” (38 pages) dated September 28, 2010, prepared by Atlantic Design.

8.      Colony Place Wind Project entitled “Balloon Test & Photosimulation Report” (35 pages) dated September 28, 2010, prepared by Atlantic Design.

9.      Colony Place Wind Project entitled “RETScreen Energy Model” (Capacity Factor Calculation) (2 pages) received by Atlantic Design.

10.     “Cost Estimate for Turbine Removal/Decommissioning” letter (1 page) dated October 4, 2010 and prepared by Atlantic Design.

11.      Department of Inspectional Services “Zoning Permit”, dated August 17, 2010, prepared by Saxon Partners and submitted by Atlantic Design.

12.       U.S. Department of Transportation, Federal Aviation Administration, Advisory Circular      entitled “Obstruction Marking and Lighting and Flash TechnologiesFTB 360i LED Integrated L864 Technical Specifications” dated February 1, 2007.
13.       Beals & Thomas (Beals’), Colony Place Wind Project “Review Services for Colony Place Wind Project” dated October 28, 2010, submitted by Beal’s.  

14.       Planning Board Recommendation dated November 23, 2010

15.       Property Deed, dated November 16, 2006, Book 33683 Pages 42-43

16.       Beals and Thomas estimate of Review Services, dated October 18, 2010

17.       Town of Plymouth Engineering Dept Response Memo, dated 10/19/10

18.       Town of Plymouth Fire Dept Response Memo, dated 10/21/10

19.      Energy Production Model dated October 7, 2010

20.      Aeronautica 54-750 System Specifications, undated

21.      Petition Application, dated September 29, 2010

22.      Dept of Planning and Development Locus Map (2 pages), dated October 20, 2010

Additional Documents submitted at the Public Hearing:

  • Existing Tower Structure: Fall Zone Review (Undated),  from Atlantic Design Engineers, LLC
  • An informational packet from Atty. Edward Angley dated 12/1/10
Mr. Main motioned to continue the public hearing to February 2, 2011 at 7:45 P.M. Mr. Conroy 2nd. Unanimouly Granted 5-0.

Public Hearing  - Case #3609
        Sheava Development
        Scobee Circle

Sitting: Peter Conner, David Peck, Michael Main, Edward Conroy and William Keohan

The Clerk read the legal advertisement into the record.

The Clerk then read a letter from the petitioner’s representative, Attorney Edward T. Angley, requesting to withdraw Case #3609 without prejudice.

Mr. Main motioned to allow Case #3609 to withdraw without prejudice. Mr. Peck 2nd. Unanimously granted 5-0.

Public Hearing – Case #3606
        Sustainable New Energy
        143 Hedges Pond Road    

Sitting: Peter Conner, David Peck, Michael Main, Edward Conroy and William Keohan

The Clerk read a letter from the petitioner’s representative, Attorney Edward T. Angley, requesting to withdraw Case #3606 without prejudice.

Mr. Main motioned to allow Case #3606 to withdraw without prejudice. Mr. Conroy 2nd. Unanimously granted 5-0.

No further business came before the board in open session.

Respectfully submitted,

Marilyn Byrne
Administrative Secretary

Approved 12/14/10