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, Edward Conroy, James Simpson, Michael Leary, and William Keohan
Staff present: Paul McAuliffe and Marilyn Byrne
Note: William Keohan was not present during the Town of Plymouth Case No. 3664 hearing.
Mr. Conner called the meeting to order and explained the procedures for the evening
Public Hearing – Case No. 3664
Town of Plymouth
Town Wharf
Sitting: Mr. Conner, Mr. Peck, Mr. Main, Mr. Conroy, and Mr. Leary
Mr. Peck, the Vice-Chairman, read the legal advertisement into the record.
The Town of Plymouth requested a Special Permit subject to Environmental Design Conditions per Section 205-46 and Table 5 to waive setbacks for the installation of fuel storage tanks and a new structure.
Melissa Arrighi, Assistant Town Manager, spoke on behalf of the Town and explained the events that led to the Town’s request for a Special Permit. Ms. Arrighi introduced, Fire Chief Bradley of the Town of Plymouth who had conducted an inspection of the underground fuel tanks last summer and discovered that the 25 year old tanks were leaking. Fire Chief Bradley worked in partnership with the State Fire Marshall to relocate the tanks above ground in an environmentally sound fashion.
William Shaw of Associated Engineers, Plymouth, MA passed out binders to Board Members which contained filing information and reviewed the proposed construction of the new fuel tanks. He then answered questions from Board members. Mr. Shaw explained that the storage unit will be vaulted and covered with wood shingles with the roofing structure being topped off with a “helmet” which will be removable. This project is in partnership with Plymouth Harbor Fuel, LLC which is also located at the proposed site.
There was no public comment.
Hearing closed.
Mr. Main motioned to approve Case No. 3664 with two conditions as discussed. Mr. Peck seconded. Granted unanimously (5-0)
Submitted Documentation:
Town of Plymouth Department of Inspectional Services denial dated February 22, 2012;
Site Plan entitled “Land of Town of Plymouth at Town Wharf”, dated September 10, 1946, revised November 8, 1947, revised February 25, 1948;
Site Plan entitled “Existing Wharf Layout Plan, Plymouth Town Wharf” prepared for Town Wharf Enterprises dated December 21, 1989 by Associated Engineers of Plymouth, Inc., Plymouth, MA;
Property Record Card (2) dated February 23, 2012;
Ownership Card, Assessors Office Town of Plymouth received March 6, 2012;
Zoning Board of Appeals petition application dated February 23, 2012;
Town of Plymouth Assessors’ Office certified abutters listings dated March 26 and March 27, 2012;
Two sets of mailing labels;
Environmental Impact Statement dated March 14, 2012; Revised March 21, 2012:
Town of Plymouth Department of Environmental Management Summary received on February 23, 2012;
Plymouth County Registry of Deeds Foreclosure Deed dated April 28, 2010;
Town of Plymouth Department of Planning and Development site photos received February 23, 2012, and April 2, 2012;
Calculation of potential cubic yards of material being excavated by William R. Shaw, Civil Engineer, Plymouth, Massachusetts received on March 15, 2012;
“Site Permitting Plans for 20,000 Gallons of Above Ground Storage and 300 SF of Equipment Storage” prepared by William R. Shaw Civil Engineer, for the Town of Plymouth dated March 14, 2012;
"Existing Conditions” Plymouth Harbor Fuel, Plymouth, Massachusetts dated March 13, 2012;
Town of Plymouth Department of Public Works review letter dated March 26, 2012;
Zoning Act of 1921 provided by the Department of Planning and Development;
Planning Board recommendation dated April 5, 2012;
Executed Waiver of Time received on March 14, 2012;
Design Review Board review dated April 18, 2012;
Massachusetts Department of Environmental Protection Determination of Applicability received on April 18, 2012;
Site Photos received from William Shaw on April 18, 2012; and
Town of Plymouth Assessors Map of Plat 14A received on April 18, 2012.
“Continued” Public Hearing – Case No. 3654
Associated Wind Developers, LLC
143 Hedges Pond Road
Sitting: Mr. Conner, Mr. Keohan, Mr. Main, Mr. Conroy, and Mr. Simpson
Attorney Edward T. Angley of Plymouth, MA represented the petitioners in this continued case requesting a Special Permit per Section 205-73, Paragraphs A through F, subject to Environment Design Conditions, for a wind energy facility in order to construct one wind turbine tower on a site zoned rural residential.
Attorney Angley introduced Brian Kuhn, Principle Owner of Associated Wind Developers, Inc., Plymouth, MA, who recapped his previous PowerPoint presentation. Richard J. Tabaczynski, P.E. Vice President of Atlantic Design Engineers, Inc. recapped his previous Powerpoint presentation and addressed mis-leading, mis-quotes, and mis-information, which were brought up after the last hearing. Doug Shedel of Modeling Specialties addressed noise issues and the technical processes for the standards submitted with this filing, along with sound levels and the methodology used to determine the ambient sound levels used for their analysis.
Attorney Christopher Senie of Senie & Associates, P.C., who represented 24 abutting residents, rebutted the noise scale levels analyzed by Atlantic Design Engineers, LLC. and referred to the sound study that he submitted to the Board of Appeals.
Public Comment in Favor: Bob Stott, Peter Motykia
Public Comment in Opposition: Michelle Angelides, Adam Newall, Stephen Pendelton,, Cheryl Newall, Dr. Mary Nash, Patrick Griffin, Tina Manta, Neil Anderson, Dr. John Cowl, and Darren Mansfield
Attorney Angley gave his closing arguments.
Hearing closed.
Mr. Main motioned to approve Case No.3654 with 14 conditions as discussed. Mr. Simpson seconded. Granted (4-1) Mr. Conroy opposed.
Submitted Documentation:
Town of Plymouth Department of Inspectional Services denial dated November 9, 2011;
Zoning Board of Appeals petition application dated October 26, 2011;
Town of Plymouth Certified Assessors Listing dated October 20, 2011;
Executed waiver of time received on November 16, 2011;
(2) sets of Abutters mailing labels;
(3) Checks for filing fees;
Plymouth County Registry of Deeds “Deed” recorded on June 8, 2000;
Disc – PDF files;
Aeronautica Windpower Product Specifications - Models 47-750 & 54-750, received on November 16, 2011;
Capacity Factor Calculation, prepared by Atlantic Design Engineers, LLC, Sandwich, Massachusetts; dated October 27, 2011;
Massachusetts Department of Transportation final determination on “Request for Airspace Review” dated October 17, 2011;
Revised Massachusetts Department of Transportation final determination on “Request for Airspace Review” dated December 9, 2011;
Federal Aviation Administration “Determination of No Hazard to Air Navigation” dated March 14, 2011;
Federal Aviation Administration “Determination of No Hazard To Air Navigation” dated January 9, 2012;
United States DOT Advisory Circular “Obstruction Marking and Lighting” effective February 1, 2007;
Atlantic Design Engineers, LLC Cost estimate for turbine removal/decommissioning dated November 3, 2011;
Atlantic Design Engineers, LLC Shadow Flicker Analysis dated November 3, 2011;
Atlantic Design Engineers, LLC Balloon Test & Photosimulation Report dated November 3, 2011;
Atlantic Design Engineers, LLC Supplemental Photosimulation Report for the Anderson Cranberries Wind Project dated January 9, 2012;
Atlantic Design Engineers, LLC Acoustic Analysis dated November 3, 2011;
Plans entitled “Site Plans for Anderson Cranberries Wind Project” dated November 3, 2011 by Atlantic Design Engineers, LLC, Sandwich, Massachusetts;
Project Noise Analysis Review prepared by Douglas L. Sheadel, CCM of Modeling Specialties, Westford, MA – Anderson Cranberries Wind Project dated November 18, 2011;
Environment Impact Statement prepared for Associated Wind Developers, LLC, prepared by Atlantic Design Engineers, LLC, Sandwich, Massachusetts dated November 3, 2011;
Four pages of revisions to original filing of November 16, 2011, from Atlantic Design Engineers received on November 21, 2011; Atlantic Design Representative removed old copies and submitted new copies;
Letter of receipt dated December 7, 2011 from Atlantic Design Engineers, LLC to the ZBA regarding the Beals & Thomas Technical Review Comments ;
Town of Plymouth Office of The Plymouth Airport Commission review letter dated December 7, 2011;
Town of Plymouth Department of Public Works Engineering Division review letter dated December 7, 2011;
Review letter from Elizabeth Sullivan, Conservation Planner, Town of Plymouth Department of Planning and Development, Conservation Commission dated November 29, 2011;
Letter from Associated Wind Developers requesting a waiver of time dated December 12, 2011;
Cover letter and Revision to Page 4 of the Environmental Impact Statement from Atlantic Design Engineers, LLC dated November 29, 2011;
Letter from Atlantic Design Engineers in response to Patrick Farah, Department of Planning and Development’s comments and questions dated December 6, 2011;
Response to Questions asked….. at outreach meeting received December 7, 2011;
Newsletter entitled “In the Wind…” dated November 2011;
Certificate of Organization/Cancellation, The Commonwealth of Massachusetts, received from Winnifred Dassman on December 22, 2011;
Cover letter from Atlantic Design Engineers, LLC dated January 10, 2012;
Notice of Balloon Test received on December 17, 2011;
“Technical Review Services” response letter dated January 20, 2012 prepared by Atlantic Design Engineers, LLC to comments made in a letter December 7, 2011 by Beal’s and Thomas;
Beals + Thomas, Inc. Project Review dated December 7, 2011;
Estimated U.S. Energy Use in 2009 prepared by Lawrence Livermore National Laboratory, submitted by Dr. Lee Burns;
(3) Site photos prepared by the Town of Plymouth Department of Planning and Development; “Area of Disturbance” prepared by Atlantic Design Engineers, LLC;
Town of Plymouth Department of Planning and Development Staff Recommendation dated January 4, 2012;
Senie & Associates, P.C. Attorneys at Law, Westborough, MA Acoustical Study and Property Value Impacts dated February 7, 2012; and
Atlantic Design Engineers, Inc., Sandwich, MA Capacity Factor calculations dated February 8, 2012;
Correspondence from Abutters/Residents:
Winnifred Dassman dated November 21, 2011, December 2, 2011, December 9, 2011, December 15, 2011, January 28, 2012 and January 30, 2012 - Opposed
Patrick and Donna Griffin dated December 27, 2011, January 25, 2012, February 1, 2012, and February 2, 2012 - Opposed
Warner Eldredge, January 17, 2012 – In Favor;
Christine Silva, January 23, 2012 – In Favor;
Lei Rao, January 25, 2012 - Opposed
Charleen Curley, January 21, 2012 – In Favor;
Mark & Mary Kenny, February 1, 2012 – Opposed
Jeff Cohen, February 2, 2012 – Opposed
David Stevens, February 6, 2012 – Opposed
Holly Alberti, February 3, 2012 – Opposed
Connie Hinds, February 4, 2012 – Opposed
Carol Parmenter, February 3, 2012 - Opposed
Darren & Stephanie Mansfield, February 13, 2012 - Opposed
Christopher Paparo, February 13, 2012 - Opposed
Lynn Walker-Munoz, February 13, 2012 – Opposed
Passed in during February 15, 2012 public hearing:
Associated Wind Developers power point presentation paper copy;
Client List of Senie & Associates;
Lydia J. Manter, letter;
Tina Manter, letter;
Adam Newall, letter;
Daniel Raycroft, City of Newburyport, letter;
Dave Beck, Town of Hull, letter;
Brian McCarthy, Broker, letter;
Mark Abatuno, Realtor, letter;
Jeff Cohen, letter;
Questions for Applicant from Senie & Associates;
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Cover letter regarding new pages from Atlantic Design Engineers dated March 8, 2012;
Cover letter from Atlantic Design Engineers regarding FAA Clarification dated March 8, 2012;
FAA Determination dated January 9, 2012;
Two (2) sheets new site plan pages 2 & 4 dated November 3, 2011 received on March 14, 2012;
Letter from State Representative Vinny deMacedo dated March 2, 2012;
Copy of Kerry Kearney presentation regarding Supplement Capacity Factor dated March 13, 2012;
Attorney Christopher Senie, Westborough, MA submission booklet dated April 11, 2012;
Attorney Christopher Senie, Westborough, MA International Standard booklet received on April 11, 2012, (2 hard copies);
Attorney Christopher Senie, Westborough, MA Draft review of the Falmouth, MA Mitigation Report, March 15, 2012, (2 hard copies);
Attorney Christopher Senie, Westborough, MA Report of Independent Expert Panel, Health Impact Study, January, 2012, (2 hard copies);
Wind Turbine Health Impact Study: Prepared for the Massachusetts Department of Public Health dated January 2012, received on April 11, 2012;
Article regarding bats passed in during April 18, 2012 hearing;
Listing of emails pro and con April 18, 2012; and
Powerpoint presentation by Attorney Edward T. Angley on April 18, 2012;
No further business came before the Board in open session.
Respectfully submitted,
Marilyn Byrne
Marilyn Byrne
Administrative Secretary
Approved: 04/25/2012
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