Zoning Board of Appeals Meeting
May 4, 2011
Minutes
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, Ryan Matthews, and James Simpson
Staff present: Marilyn Byrne
Mr. Conner called the meeting to order and explained the procedures for the evening
“Continued” Public Hearing – Case No. 3623
Plymouth Regional Economic Development Foundation, Inc.
Hedges Pond Road
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Attorney Robert C. Betters, of Withington and Betters, represented the petitioner and introduced the various representatives who are requesting a modification of the Decision in the Board of Appeals Case No. 3454, subject to Environmental Design Conditions, in order to excavate materials and to amend requirements and conditions. The petitioner is requesting the 400,000 cubic yards of gravel removal which was granted in 2009 be increased to 570,000 cubic yards of gravel. The Board discussed the Bond which is on file in order to pay for road repairs.
No Public Comment was offered.
Hearing Closed
Vote: Mr. Main motioned to approve Case #3623 with conditions. Mr. Peck seconded. Granted (4-1). Mr. Conroy voted to deny.
Submitted Documentation:
• Correspondence to the Town from William R. Shaw, P.E. of Associated Engineers of Plymouth, Inc. of Plymouth, Massachusetts, dated January 20, 2011;
• Topographic Update Plan prepared by Associated Engineers of Plymouth, Inc. of Plymouth, Massachusetts, dated January 14, 2005 and revised through December 7, 2010;
• Proposed Easement Plan of Land prepared by Associated Engineers of Plymouth, Inc. of Plymouth, Massachusetts, dated December 16, 2009;
• January 23, 2009 correspondence from Robert C. Betters of Withington and Betters, Plymouth, Massachusetts, outlining revised plans and meeting of certain conditions in BOA Case 3454;
• Preliminary Subdivision Grading Plan prepared by Associated Engineers of Plymouth, Inc. of Plymouth, Massachusetts, modified through January 1, 2009 for BOA Case 3454;
• Letter from the Zoning Board of Appeals to Robert C. Betters dated February 5, 2009, addressing Conditions in the decision in Case No. 3454, and the revised plans submitted by Associated Engineers; and
• Town of Plymouth Department of Inspectional Services Denial dated December 22, 2010;
• Executed Waiver of Time;
• Zoning Board of Appeals Petition Application dated January 3, 2011;
• Plymouth County Registry of Deeds Quitclaim Deed dated March 11, 2005;
• Copy of Board of Appeals Decision #3454 dated January 10, 2008;
• Town of Plymouth Department of Public Works review memo, J. Thomas, E.I.T., Civil Engineer dated January 26, 2011;
• Continuance Request Letter, Atty. Robert C. Betters, dated February 24, 2011;
• Review Letter to Town of Plymouth Planning Board, Keven R. Joyce, Cedarville Steering Committee dated February 10, 2011;
• Introduction letter from Atty. Robert C. Betters, to Paul McAuliffe, Director Inspectional Services, Town of Plymouth, dated December 8, 2010;
• (2) Site Photos Department of Planning and Development, Town of Plymouth;
• Staff Report, Town of Plymouth Planning Board, dated March 2, 2011;
• Submittal Memo from Atty. Robert C. Betters to the Zoning Board of Appeals dated January 3, 2011;
• (2) sets of mailing labels
• Town of Plymouth Certified Abutters Listing, Assessors Department, dated December 13, 2010;
• Environmental Impact Statement received January 4, 2011;
Public Hearing – Case #3626
Tracy Motors, Inc. or Nominee
30 Industrial Park Road
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Attorney Robert C. Betters, of Withington and Betters, represented the petitioners who are requesting a Special Permit in order to conduct vehicle servicing and repairs. Retail sales are not allowed under this special permit. Up to eight lifts are planned. Mark Flaherty, of Flaherty and Stefani, Inc. explained the setting of the proposed site. Jeff Tracy from Tracy Motors, Inc. answered concerns the Board had regarding security.
No Public Comment was offered.
Hearing Closed
Vote: Mr. Conroy motioned to approve Case #3626. Mr. Peck seconded. Granted unanimously (5-0) with four conditions as amended.
Submitted Documentation:
• Town of Plymouth, Planning Board Recommendation dated April 21, 2011;
• Town of Plymouth Certified Abutters Listing dated February 10, 2011;
• (2) Sets of Mailing Labels
• Memo from Withington and Betters, Counsellors at Law, Plymouth, MA listing submittal documents dated March 2, 2011;
• Town of Plymouth, Department of Inspectional Services Denial dated March 1, 2011;
• Zoning Board of Appeals Petition Application dated March 2, 2011;
• Executed Waiver of Time, received on March 2, 2011;
• Registry of Deeds District of Plymouth County “Transfer Certificate of Title” dated September 1, 1999;
• Registry of Deeds Plymouth County “Quitclaim Deed” dated May 14, 2010;
• Site Plan prepared by Flaherty & Stefani, Inc., Plymouth, MA dated February 21, 2011;
• Letter from Attorney Robert C. Betters dated April 14, 2011 to Board of Appeals regarding revised site plans;
• Revised Site Plans prepared by Flaherty & Stefani, Inc., Plymouth, MA dated April 13, 2011;
• Site Photos (2) pages received March 2, 2011;
• Parcel Map and Nyloplast Snout Structure brochure handed out at the Town of Plymouth Planning Board Meeting on April 11, 2011; and
• Town of Plymouth Department of Planning and Development Site Photo.
Public Hearing – Case #3629
William P. Monahan & Jane C. Maguire
50 Emerson Road
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Mr. Keohan, the Clerk, read the legal advertisement into the record.
Mark Flaherty, of Flaherty & Stefani, Inc. represented the petitioners who are requesting a Special Permit to waive the side setback requirements on their property in order to rebuild their existing deck and to construct a new 14’ x 14.5’ deck. Mr. Flaherty handed out site photos and several letters from abutters in support of the project.
No Public Comment was offered.
Debbie Fiorenza, sister of Mrs. Benjamin Dagostino, an abutter, asked to see the deck on the site plan and was satisfied with the plan.
Hearing closed.
Vote: Mr. Peck motioned to approve Case #3629. Mr. Main seconded. Unanimously granted (5-0) with one condition.
Submitted Documentation:
• Town of Plymouth Planning Board Recommendation dated April 26, 2011;
• Town of Plymouth Fire Department Response Letter dated April 7, 2011;
• Plymouth District Registry of Deeds “Quitclaim Deed: dated October 1, 2010;
• Town of Plymouth Design Review Board Review Letter dated April 19, 2011;
• Town of Plymouth Assessors’ Office Certified Abutters Listing dated March 2, 2011;
• (2) sets of mailing labels;
• Memo from Mark M. Flaherty, Flaherty & Stefani, Inc. Plymouth, MA dated March 21, 2011 listing submittals;
• Zoning Board of Appeals Petition Application dated March 22, 2011;
• Town of Plymouth Department of Inspectional Services denial dated March 15, 2011;
• Executed Waiver of Time received March 23, 2011;
• Site Plan prepared by Flaherty & Stefani, Inc., Plymouth, MA dated March 1, 2011;
• Floor plan received April 26, 2011;
• (3) Site Photos;
• (7) letters from abutters received May 4, 2011; and
• (2) pages of site photos received May 4, 2011.
“Continued” Public Hearing – Case #3608
Future Generation Wind Turbine #5
“off” Head of the Bay Road
Sitting: Mr. Conner, Mr. Peck, Mr. Keohan, Mr. Main, and Mr. Conroy
Attorney Robert C. Betters, of Withington and Betters, represented the petitioners who are requesting a Special Permit, subject to Environmental Design Conditions for Wind Energy Facilities, together with a waiver of setback and/or other dimensional or similar requirements in order to construct one (1) 100 Meter Wind Turbine and associated infrastructure.
Public comment in opposition: None
Public comment in favor: Steven Clark, Assistant Secretary for Energy, Executive Office for Energy and Environmental Affairs, and Jerry Palano spoke on behalf of the Massachusetts Department of Agricultural Resources.
Hearing closed
Vote: Mr. Main motioned to approve Case #3608 with Conditions and an Addendum. Mr. Keohan seconded. Granted (4-1). Mr. Conroy voted to deny.
SUBMITTED DOCUMENTATION:
• Site Plan entitled “Site Plans for the Future Generation Wind Plateau Project” (13 pages) dated September 23, 2010, prepared by Atlantic Design Engineers, LLC of Sandwich, Massachusetts (“Atlantic Design”):
• Future Generation Wind Plateau Project entitled “Environmental Impact Statement” (30 pages) dated September 28, 2010, prepared by Atlantic Design:
• Product Data Sheet, N100/2500 (2.5MW), “Nordex Turbine” (2 pages) dated 2009, prepared by Nordex AG, Norderstedt, Germany, provided to the Town of Plymouth by Atlantic Design:
• Letter entitled “Determination of No Hazard to Air Navigation” (2 pages) dated April 20, 2010, prepared by Federal Aviation Administration of Forth Worth, Texas:
• Letter entitled “Determination of No Hazard to Air Navigation” (2 pages) dated October 12, 2010, prepared by Federal Aviation Administration of Fort Worth, Texas:
• Aeronautics Division MassDOT File No.: 10-PYM-V0493-29 entitled “Request for Airspace Review” (2 pages) dated September 20, 2010, prepared by the Massachusetts Department of Transportation:
• Future Generation Wind Plateau Project entitled “Shadow Flicker Analysis” (39 pages) dated September 28, 2010, prepared by Atlantic Design:
• Future Generation Wind Plateau Project entitled “Acoustic Analysis” (40 pages) dated September 28, 2010, prepared by Atlantic Design:
• Future Generation Wind Plateau Project entitled “Balloon Test & Photosimulation Report” (38 pages) dated September 28, 2010, prepared by Atlantic Design:
• Future Generation Wind Plateau Project entitled “Capacity Factor Calculation” (1 page) dated August 26, 2010 and prepared by Atlantic Design:
• Cost Estimate for Turbine Removal/Decommissioning” letter (1 page) dated September 28, 2010 and prepared by Atlantic Design:
• U.S. Department of Transportation, Federal Aviation Administration, Advisory Circular entitled “Obstruction Marking and Lighting and Flash Technologies “FTB 360i LED Integrated L864 Technical Specifications” (16 pages) dated February 1, 2007:
• Beals & Thomas (Beals’), Future Generation Wind Plateau Project “Review Services for Future Generation Wind Plateau Project” (8 pages) dated November 10, 2010, submitted by Beal’s:
• Commonwealth of Massachusetts, Division of Fisheries & Wildlife “Letter to Zoning Board of Appeals” dated June 16, 2010:
• Commonwealth of Massachusetts, Division of Fisheries & Wildlife “Letter to Zoning Board of Appeals” dated August 31, 2010:
• Zoning Board of Appeals “Petition Application” (1 page) dated October 7, 2010:
• Department of Inspection Services, Town of Plymouth, Massachusetts “Zoning Permit Application” (1 page) dated September 9, 2010:
• ZBA, Amended and Superseding Petition Application (Adding Request for Relief #2 in the Application) (1 page) dated November 2, 2010:
• Letter from Attorney Robert C. Betters on behalf of the Petitioner dated November 3, 2010, listing various studies:
• American Wind Energy Association and Canadian Wind Energy Association, Executive Summary “Wind Turbine Sound and Health Effects, an Expert Panel Review” (2 pages) dated December 2009.
• American Wind Energy Association and Canadian Wind Energy Association, Executive Summary “Wind Turbine Sound and Health Effects, an Expert Panel Review” (68 pages) dated December 2009.
• Ernest Orlando Lawrence Berkeley National Laboratory, Environmental Energy Technologies Division “The Impact of Wind Power Projects on Residential Property Values in the United States: A Multi-Site Hedonic Analysis” (10 pages) dated December 2009.
• Ernest Orlando Lawrence Berkeley National Laboratory, Environmental Energy Technologies Division “The Impact of Wind Power Projects on Residential Property Values in the United States: A Multi-Site Hedonic Analysis” (162 pages) dated December 2009.
• Ernest Orlando Lawrence Berkeley National Laboratory “Response to the Critiques of the Industrial Wind Action Group and Mr. Albert Wilson on Berkeley Lab’s Research on the Possible Impact of Wind Energy Facilities on Residential Property Values” (10 pages) dated March 16, 2010; Letter from Katherine A. Kiel, Associate Professor of Economics to Keith Mann, Future Generation, LLC regarding home values near wind turbines (3 pages) dated June 1, 2010:
• Study entitled “Wind Farm Proximity and Property Values: A Pooled Hedonic Regression Analysis of Property Values in Central Illinois, 2010” (143 pages), authored by Jennifer L. Hinman, a graduate student in Illinois State University’s Department of Economics.
• Summary of the study entitled “Wind Farm Proximity and Property Values: A Pooled Hedonic Regression Analysis of Property Values in Central Illinois, 2010” (1 page).
• Web pages from the National Association of Realtors entitled “Field Guide to Wind Farms and their Effect on Property Values” (8 pages), updated October, 2010.
• Beals & Thomas, Inc. Review dated November 10, 2010:
• Beals & Thomas, Inc. Review “Revised” Report dated November 17, 2010:
• CD entitled “Portsmouth N.H. Turbine and Hull, MA Turbine Neighbor Interviews submitted on November 22, 2010:
• Mann Farms, Inc. Check for Peer Review received on November 3, 2010:
• Response from Atlantic Design Engineers, LLC dated November 17, 2010 to the Town of Plymouth in regards to the Beals and Thomas Review:
• Unofficial Property Record Card – Plymouth, Massachusetts courtesy of plymouthpatriotproperties.com dated 11/17/10:
• Site Photos submitted on 11/23/10 from the Department of Planning and Development:
• Plymouth County Registry of Deeds Quitclaim Deed dated March 5, 2002:
• Planning Board Recommendation dated 11/23/10:
• Two (2) sets of Abutters Mailing Labels:
• Town of Plymouth Assessors’ Office Certified Abutters Listing from Anne Dunn, MAA, Director of Assessing, dated September 29, 2010:
• Town of Plymouth Fire Department Response from G. Edward Bradley, Chief of Department, dated October 21, 2010:
• Town of Plymouth Response from J. Thomson, E.I.T., Civil Engineer dated October 25, 2010:
• Town of Plymouth Conservation Commission Response from Elizabeth Sullivan, Conservation Planner dated November 3, 2010:
• Plymouth Zoning Board of Appeals Waiver of Time submitted on October 12, 2010:
• Town of Plymouth Department of Inspectional Services Denial dated September 14, 2010:
• Town of Plymouth, Planning and Development Department Recommendation dated November 23, 2010:
• Legal Notice of Balloon Test submitted by Atlantic Design Engineers, LLC:
• Commonweath of Massachusetts, Division of Fisheries & Wildlife Review dated June 16, 2010:
• Study entitled “Wind Farms Don’t Hurt Property Values – Once Built” undated.Submitted documents after December 15, 2010 public hearing:
• Revised Site Plan entitled “Future Generation Wind Plateau Project” prepared by Atlantic Design Engineers, LLC dated December 30, 2010;
• Supplemental Photosimulation Report prepared by Atlantic Design Engineers, LLC dated January 26, 2011;
• Copies of miscellaneous deeds and plans of record describing the applicant’s rights to the access easement;
• Second Response Letter from Atlantic Design Engineers, LLC dated January 26, 2011;
• Letter to ZBA Chairman from Jeffrey LaFleur dated December 1, 2010;
• Beals and Thomas, Inc. Supplemental Review dated February 15, 2011;
• Community Noise Impact Assessment from Stephen E. Ambrose, INCE, Bd. Cert. and Robert W. Rand, INCE to Jean Booth dated February 2, 2011;
• Testimony from Jim Liedell, February 16, 2011
• 2009 Wind Turbine Impact Study
• The following are materials/letters submitted to the ZBA Administrative Office by Nancy Lima from the following:
o Concerned Residents of Bournehurst Estates
o Patty Spalding
o Karen Blaustein
o Nan Cook
o Mark J. Cool
o Barry Funfar
o The Working Waterfront Newsletter
o Michael A. Nissenbaum, MD
o The Society for Wind Vigilance
o Federal and State Tax Breaks and Subsidies for Wind Energy
Submitted during the public hearing on February 16, 2011:
• Copy of decision Case #3584, Atty. Robert Betters
• Future Generation Wind Noise Complaint Protocol, undated, by Atty. Robert Betters
• Aerial view of various turbines, Richard Tabaczynski
• Predicted Plymouth Reaction, Night, Stephen Ambrose and Robert Rand
Submitted during public hearing on April 6, 2011:
• Copy of Zoning Board of Appeals Decision Case #3584 dated July 28, 2010 from Atty. Robert C. Betters; and
• Judgement Saskatchewan dated October 7, 2010.
Other Business: The Board discussed adding an extra meeting on June 29, 2011.
No further business came before the board in open session.
Respectfully submitted,
Marilyn Byrne
Administrative Secretary
Approved: 05/05/2011
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