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, and James Simpson
Members absent: Ryan Matthews
Staff present: Paul McAuliffe and Marilyn Byrne
Mr. Conner called the meeting to order and explained the procedures for the evening
Public Hearing - Case #3641
Sunna, LLC – Autofair Realty II
9 Long 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 Edward Angley represented the petitioner who is seeking a modification of Special Permit No. 3585 in order to delete the sidewalk and other minor adjustments, specifically Conditions 1 thru 7 of the original Special Permit. Attorney Angley introduced Mike Cheever, the architect on the project, who explained that the contractor was prepared to start work on the sidewalk when the contractor was told to cease work by Attorney Angley. Attorney Angley was called by the owner of the abutting property, Helge, LLC, stating that the sidewalk was actually on his property.
There was no Public Comment.
Hearing closed.
Mr. Main motioned to grant Case #3641 with 2 conditions. Mr. Conroy seconded. Granted unanimously (5-0).
Submitted Documentation:
“Site Plan”, 9 Long Pond Road, Plymouth, Massachusetts dated September 17, 2010 revised on June 1, 2011 by BSC Group, Boston, Massachusetts;
Town of Plymouth Department of Public Works Engineering Division Review dated August 3, 2011;
Filing Fees (3 Checks) received July 12, 2011;
Executed Waiver of Time Received on July 12, 2011;
Plymouth District Registry of Deeds Quitclaim Deed dated August 24, 2010;
Zoning Board of Appeals Petition Application dated July 1, 2011;
Environmental Impact Statement received July 12, 2011;
Town of Plymouth Certified Assessors Listing dated June 6, 2011;
Mailing Labels for legal notices;
Town of Plymouth Fire Department Response letter dated September 7, 2011; and
Site photos passed out during public hearing of September 7, 2011 by Mike Cheever, Architect on the project.
“Continued” Public Hearing - Case #3607
Colony Place Development, LLC
Colony Village Drive
Sitting: Peter Conner, David Peck, James Simpson, Edward Conroy, and Michael Main
Attorney Angley represented the petitioner for this continued hearing which was originally held on December 1, 2010, February 2, 2011, April 20, 2011, June 15, 2011 and concluding on September 7, 2011. Attorney Angley introduced several representatives from Saxon Properties and Engineers on the project that were present at the hearing.
Attorney Angley introduced Mr. Ed Perry, Founder of WATD, which serves the southern Massachusetts area. Mr. Perry explained the reflective abilities of an AM radio station in detail, stating that vertical structures, such as a wind turbine, can reflect AM frequency, which is one of the concerns of WPLM. Mr. Perry answered questions from the Board and explained the de-tuning process which will protect WPLM from possible interference by the proposed wind turbine.
Public comment in favor: Lenny Lanzarotto, Plymouth Mobile Estates
Public comment in opposition: Attorney John L. Woods, Duxbury, MA, represented WPLM and stressed the need for Colony Place Development to install a de-tuning kit immediately upon construction of the proposed wind turbine, rather than waiting for problems to arise after construction.
Hearing Closed
Mr. Main motioned to Grant Case #3607 with Conditions. Mr. Peck seconded. Granted Unanimously (5-0).
Submitted Documentation:
MA Department of Transportation Aeronautics final determination, dated August 24, 2010;
U. S. Department of Transportation, Federal Aviation Administration Advisory Circular dated February 1, 2007;
Zoning Board of Appeals Petition Application dated September 29, 2010;
Town of Plymouth Dept of Inspectional Services Denial, dated August 26, 2010;
Town of Plymouth, Engineering Response Letter from J. Thomson, E.I.T., dated October 19, 2010;
Town of Plymouth, Fire Department Response Letter from G. Edward Bradley, Chief of Department, dated October 21, 2010;
Town of Plymouth Planning Board Staff Report, dated November 23, 2010;
Town of Plymouth Department of Planning and Development Site Photo and Locus Map, dated October 20, 2010;
Town of Plymouth, MA Certified Assessors Listing dated July 22, 2010;
Town of Kingston, MA Certified Assessors Listing dated July 26, 2010;
Executed Waiver of Time dated October 7, 2010;
Cost Analysis/Equipment Data courtesy Minister of Natural Resources Canada dated October 7, 2010;
Unison Technical Specifications received October 7, 2010;
Federal Aviation Adm. Determination dated September 2, 2010;
Shadow Flicker Analysis, Atlantic Design Engineers, LLC dated September 28, 2010;
Environmental Impact Statement, Atlantic Design Engineers, LLC dated September 28, 2010;
Acoustic Analysis, Atlantic Design Engineers, LLC dated September 28, 2010;
Balloon Test & Photosimulation Report, Atlantic Design Engineers, LLC dated September 28, 2010;
Site Plan entitled “Special Site Plans for the Colony Wind Project” by Atlantic Design Engineers, LLC, dated October 5, 2010;
West Plymouth Steering Committee Response Letter dated November 30, 2010;
Aeronautica Windpower System Specifications;
Quitclaim Deed from the Plymouth Registry of Deeds dated November 16, 2006;
Case #3607 Summary Attorney Edward T.Angley, dated December 1, 2010;
Continuance Request Letter from Atty. Edward T. Angley dated January 27, 2011;
Cost Estimate for Turbine Removal/Decommissioning, Atlantic Design Engineers, LLC, dated October 4, 2010;
Fall Zone Review of Brockton, MA, Atlantic Design Engineers, LLC, undated;
Fall Zone Review of Dorchester, MA, Atlantic Design Engineers, LLC, undated;
Fall Zone Review of East Wareham, MA, Atlantic Design Engineers, LLC, undated;
Fall Zone Review of Fall River, MA, Atlantic Design Engineers, LLC, undated;
Response to Beals and Thomas letter of October 28, 2010, Atlantic Design Engineers, LLC, dated November 8, 2010;
Beals and Thomas, Inc. Review Services Letter dated October 18, 2010;
Beals and Thomas, Inc. Review Services Letter dated October 28, 2010;
Revised Capacity Factor Calculations dated November 20, 2010;
Received April 14, 2011:
Cover letter dated April 11, 2011 from Atlantic Design Engineers, LLC;
Response Letter to Beals and Thomas’s comments from Atlantic Design Engineers, LLC, dated April 11, 2011;
Drainage Basin Plan, Atlantic Design Engineers, LLC, dated February 3, 2011;
Technical Short-Note, Noise tonalities by Ole Sangill, Denmark;
Summary Narrative, Drainage Report on Colony Place received from Atlantic Design Engineers, LLC dated January 18, 2010;
Email to Atlantic Design Engineers, LLC from James J. Hoyle, P.E. FHWA – Massachusetts Division dated January 19, 2011;
Site Photos from Atlantic Design Engineers, LLC of Viking Drive and Pilgrim Trail;
Site Plan entitled “Colony Place Wind Project”, Atlantic Design Engineers, LLC, revised April 11, 2011;
Letter from Walmart Realty Management Department undated received June 8, 2011;
Passed in at hearing on 4/20/11 – Continuance letter from Atty. Angley dated 4/13/11;
Site Plan entitled “Colony Placed Wind Project”, Atlantic Design Engineers, LLC, revised June 9, 2011;
Site Plan entitled “Colony Place Wind Project”, Atlantic Design Engineers, LLC, revised August 18, 2011 (Sheet 1 only);
Review Memo from Patrick Fahrer, Town of Plymouth Planning Department dated August 25, 2011;
Passed in during public hearing on September 7, 2011:
Attorney John L. Woods, Duxbury, MA Memo to Members of the Board dated September 7, 2011;
Attorney John L. Woods, Duxbury, MA Letter from Chip Morgan, President, CMBE, Inc. Broadcast Engineering dated 9/7/11; and
Attorney Edward Angley, Plymouth, MA Memo on Supplemental Conditions”.
No further business came before the Board in open session.
Respectfully submitted,
Marilyn Byrne
Administrative Secretary
Approved: 09/08/2011
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