Town of Saugus, MA - ATM - May 21, 2012

ATM - May 21, 2012 - 2nd session

ANNUAL TOWN MEETING

MINUTES

May 21, 2012

Town Moderator, Robert J. Long, called the second session of the 2012 Annual Town Meeting to order on May 21, 2012 at 7:32 p.m. at the Town Hall Auditorium, 298 Central Street, Saugus, MA with 38 members, plus the moderator present.

Joyce Rodenhiser and Edward S. W. Boesel were appointed and sworn as tellers.

Pamela Goodwin will, as a courtesy, be making motions this evening.

Town Clerk, Joanne Rappa, called the roll.

Town Meeting Member name	Present /Absent	Town Meeting Member name	Present /Absent	Town Meeting Member name	Present /Absent
ALLAN, P.	a	FALASCA, T.	p	MORIELLO, G.	p
ATTUBATO, J	p	FOWLER, J.	p	MOSCHELLA, D.	a
BARTOLO, J.	p	FRONTIERA, P.	a	MOSES, J.	p
BILLINGLSEY, S.	p	GILLIS, J.	p	PALCZYNSKI, J.	p
BOESEL, E.	p	GOODWIN, P.	p	PETKEWICH, P.	p
BROOKS, W.	p	GROARK, L.	p	POLITANO, K.	p
CARLSON, E.	p	HAWKES, T.	p	RING, D. S.	p
CICOLINI, J.	p	JOHNSON, P.	p	RODENHISER, J.	p
CONNORS, A.	a	JONES, W.	p	ROSSETTI, P.	p
COTTAM, D.	p	LEUCI, J.	a	SERINO, A.	a
D'ANNA, S.	p	LONG, R.	p	SPENCER, B.	p
DEVER, M.	a	LOPRESTI, A.	p	STEWART, W.	a
DEVLIN, F.	p	MALONE, B.	p	SULLIVAN, B.	a
DINARDO, A.	p	MALTAIS, S.	p	SWEEZEY, S.	p
DOCKERY, M.	a	MANOOGIAN, P.	p	VADALA, P.	p
DOHERTY, S.	p	MCCARTHY, S.	a	VECCHIO, M.	p
FAIELLA, E.	p	MCLAUGHLIN, P.	p	Quorum count=	39

39 members present, a quorum is met.

While handouts were being distributed by the tellers, Moderator Long explained that the Chapter 90 articles are currently delayed because they are still in Conference Committee at the State level and asked Manager Crabtree to explain at the appropriate time.

Article 1. Reports of Committees.

Kenneth DePatto, Finance Committee Vice Chairman, stated that FinCom has been meeting on a regular basis and due to the fact that they have yet to receive a revised budget, they have been working on other articles in the Warrant.

Pamela Goodwin moves, as a courtesy to the Finance Committee, Article 7.

Seconded at 7:47 p.m.

Article as written:

Article 7. To see if the Town will vote to reauthorize a revolving fund for the purpose of supporting recreational programs for the community. Established fees will be used for the operating expenses in connection with maintaining these programs. (Town Manager)

Sean Maltais thanked Joseph Attubato for his many years of service to the Town and congratulated him on his recent retirement.

Mr. Maltais stated that he would like to hear why all of the articles intended to be heard tonight should not be tabled at this time, since members just received 60 pages of information regarding these articles, with no time to review.

Peter Vadala stated that he thought there was an excess of information being distributed as well.

Town Manager Crabtree stated that these revolving accounts are a mechanism so programs can become self-sustaining. Mr. Crabtree further discussed that training to educate administration is necessary for these accounts before the budget is passed, and will support whatever Town Meeting decides this evening.

Peter Manoogian agrees that there are a lot of documents being distributed and he has some questions on them and will support tabling these articles tonight.

George Moriello also stated that he would like to hold off on these articles until the auditors let us know where we are and agrees they should be tabled.

Edward Boesel and Al DiNardo also spoke regarding the revolving fund articles.

Sean Maltais makes a motion to Table Article 7.

Seconded at 8:06 p.m.

Yeas: 30 Nays: 6 at 8:07 p.m.

Article 7 is tabled.

Pamela Goodwin makes a motion to take Articles 7, 8, 9, 10, 12, 13, 44, and 46 out of order.

Seconded at 8:07.5 p.m.

Unanimous voice vote to take articles out of order.

Seeing no opposition to not re-voting Article 7, the vote stands.

Pamela Goodwin moves, as a courtesy to the Finance Committee, Article 8.

Seconded at 8:10 p.m.

Article as written:

Article 8. To see if the Town will vote to re-authorize a revolving fund for the purpose of supporting the water system cross-connection program. Established fees will be used for the operating expenses in connection with maintaining the program as mandated by the Department of Environmental Protection. (Town Manager)

Sean Maltais stated that he wants to make it very clear, tabling these articles has nothing to do with the people who run these programs, he just wants time for members to have questions asked and answered before voting on them.

Mr. Maltais moves to table Article 8.

Seconded at 8:10.5 p.m.

Yeas: 33 Nays: 2 at 8:11p.m.

Article 8 is tabled.

Pamela Goodwin moves as a courtesy to the Finance Committee, Article 9.

Seconded at 8:11.5 p.m.

Article as written:

Article 9. To see if the Town will vote to re-authorize a revolving fund for the purpose of supporting programs and activities at the Senior Center. Established fees will be used for the operating expenses in connection with maintaining these programs. (Town Manager)

Mr. Manoogian suggested that perhaps the Town Manager could produce a page of practices and procedures regarding revolving accounts which will address these concerns.

Peter Vadala moves to table Article 9.

Seconded at 8:14 p.m.

Yeas: 34 Nays: 2 at 8:14.5 p.m.

Article 9 is tabled.

Pamela Goodwin moves, as a courtesy to the Finance Committee, Article 10.

Seconded at 8:15 p.m.

Article as written:

Article 10. To see if the Town will vote to re-authorize a revolving fund for the purpose of supporting the Senior Lunch Program at the Senior Center. Established fees will be used for the operating expenses in connection with maintaining this program. (Town Manager)

Sean Maltais moves to table Article 10.

Seconded at 8:15.5 p.m.

Yeas: 34 Nays: 2 at 8:15.5 p.m.

Article 10 is tabled.

Pamela Goodwin moves, as a courtesy to the Finance Committee, Article 12.

Seconded at 8:16 p.m.

Article as written:

Article 12. To see if the Town will vote to raise and appropriate or transfer from available funds (FY2013 Chapter 90 Highway) a sum of money for street resurfacing. Said sum will be reimbursed by the Commonwealth under the provisions of MGL chapter 90, section 34. (Town Manager)

Town Manager Scott Crabtree explained that the Chapter 90 articles were being delayed in the House and Senate, as they are still tied up in Committee and he’s hoping for approval soon. The holdup will delay projects and he will relay any updates to members as soon as it is received.

Jeff Moses moves to table Article 12.

Seconded at 8:17 p.m.

Yeas: 37 Nays: 0 at 8:17 p.m.

Article 12 is tabled.

Pamela Goodwin moves, as a courtesy to the Finance Committee, Article 13.

Seconded at 8:18 p.m.

Article as written:

Article 13. To see if the Town will vote to raise and appropriate or transfer from available funds (18% of FY2013 Chapter 90 Highway Funds) for handicapped ramps and sidewalks. Said sum will be reimbursed by the Commonwealth under the provisions of MGL Chapter 90, section 34. (Town Manager)

Mr. Moses moves to table Article 13.

Seconded at 8:18.5 p.m.

Yeas: 37 Nays: 0 at 8:19 p.m.

Article 13 is tabled.

Mr. Peter Rossetti moves, as a courtesy to the Conservation Committee, Article 44.

Seconded at 8:20 p.m.

Article as written:

Article 44. To see if the Town will vote to amend the Town of Saugus Zoning By-laws and Maps, required by Federal Emergency Management Agency (FEMA) as follows:

(Double Underlined = Added Single Underlined = Deleted)

Section 4.6 – FLOOD PLAIN DISTRICTS. Lands in Saugus that are subject to seasonable and periodic flooding that must be developed, preserved, and maintained to assure the natural flow of watercourses. These are made up of the following categories:

FLOOD PLAIN DISTRICT – Lands that are shown as Floodway on the FEMA Flood boundary and Floodway Map dated January 19, 1983, as amended; and lands shown as Flood Plain on the official Zoning Map of the Town of Saugus, as amended.

Section 4.6.A The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Saugus designated as Zone A or AE on the Essex County Flood Insurance Rate map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the Administration of the National Flood Insurance Program. The map panels of the Essex County FIRM that are wholly or partially within the Town of Saugus are panel numbers 25009C0393F, 25009C0394F, 25009C0506F, 25009C0507F, 25009C0508F, 25009C0509F, 25009C0517F, 25009C0526F, 25009C0528F, 25009C0529F, and 25009C0536F, dated July 3, 2012. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Essex County Flood Insurance Study (FIS) report dated July 3, 2012. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, and Building Inspector.

FLOOD PLAIN – FRINGE – Lands in Saugus Shown as Zones A. A-2. A-3. A-4. A-7 and A-9 on the Town of Saugus Flood Insurance Rate map dated January 19, 1983, as amended, except for those that are included in the Flood Plain District as defined in SECTION 4.6A above. All maps shall be on file with the town Clerk, Building Inspector and Planning board. The Flood Plain Districts shall be considered as overlying other district zoning. Refer to Article XII for Special Permit requirements.

Section 6.5 – BUILDINGS IN FLOOD PLAIN DISTRICTS.

6.5.1 – REFERENCE TO EXISTING REGULATIONS (currently 780 CMR).

The Flood Plain District is established as an overlay district to all other districts. All Development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws, Article 24, Saugus Wetlands Protection Bylaw, and with the following:

Section of the Massachusetts State Building code that addresses floodplain and coastal high Hazard areas (currently 780 CMR 2102.0, “Flood Resistant Construction”):

Wetlands Protection regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

Inland Wetlands Restrictions, DEP (currently 302 CMR 6.00); (currently 310 CMR 13.00)

Coastal Wetlands Restriction, DEP (currently 302 CMR 4.00); (currently 310 CMR 12.00)

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);

Any variances from the provisions and requirements of the above referenced state regulations and/or special permits may only be granted in accordance with the required variance and/or Special Permit procedures of these state regulations.

6.5.2 – In the floodway, all encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited unless certification by a registered professional Engineer is provided by the applicant demonstrating that such encroachments shall not result in any increase in base flood water surface elevations or base flood mean velocities (feet per second). Refer to Table 3, Floodway Data and Town of Saugus Flood Insurance Study and the Town of Saugus Essex County Flood Insurance Study and the Essex County Flood Insurance Rate Maps for base flood water surface elevations and base flood mean velocities. Such certification shall be supported by accompanying documentation showing the method by which such finding was arrived at. Such documentation shall be certified as to its accuracy and appropriateness of methodology.

6.5.3. – BASE FLOOD ELEVATION AND FLOODWAY DATA

FLOODWAY DATA. In Zones A, A1-30, and AE, along watercourses that have not had a Regulatory floodway designated, the best available Federal, State, local or other floodway Data shall be used to prohibit encroachments in floodways that would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

BASE FLOOD ELEVATION DATA. Base flood elevation data is required for subdivision proposals or other developments greater than 10 lots or 1 acre, whichever is the lesser, within unnumbered A zones.

6.5.4 – NOTIFICATION OF WATERCOURSE ALTERATION. Notify, in a riverine situation, the following of any alteration or relocation of a watercourse: (1) Adjacent Communities, (2) NFIP State Coordinator, Massachusetts Office of Water Resources, 100 Cambridge Street, Boston, MA 02202, and (3) NFIP Program Specialist, FEMA Region I. Rm. 462. J.W. McCormack Post Office & Courthouse, Boston, MA 02109

NFIP State Coordinator

Massachusetts Department of Conservation and Recreation

251 Causeway Street, Suite 600 – 700

Boston, MA 02114 -2104

NFIP Program Specialist

Federal Emergency Management Agency, Region I

99 High Street, 6^th Floor

Boston, MA 02110

6.5.5. Other Use Regulations – All subdivision proposals must be designed to assure that:

Such proposals minimize flood damage;

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

Adequate drainage is provided to reduce exposure to flood hazards.

Section F. Permitted Uses. The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:

Agricultural uses such as farming, grazing, truck farming, horticulture, etc.

Forestry and nursery uses.

Outdoor recreational uses, including fishing, boating, play areas, etc.

Conservation of water, plants, wildlife.

Wildlife management areas, foot, bicycle, and/or horse paths.

Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.

Buildings lawfully existing prior to the adoption of these provisions.

DEFINITIONS:

AREA OF SPECIAL FLOOD HAZARD is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE, or V.

BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in any given year.

DEVELOPMENT means any manmade change to improved or unimproved real estate, including but not limited to building or other structures, mining dredging, filling, grading, paving, excavation or drilling operations.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.

FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY means an examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.

FLOODWAY means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation.

LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor, PROVIDED that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of NFIP Regulations 60.3.

NEW CONSTRUCTION means, for floodplain management purposes, structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community. For the purpose of determining insurance rates, NEW CONSTRUCTION means structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later.

ONE HUNDRED-YEAR FLOOD – see BASE FLOOD.

REGULATORY FLOODWAY – see FLOODWAY

SPECIAL FLOOD HAZARD AREA means an area having special flood and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, V, V1-30, VE.

STRUCTURE means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. STRUCTURE, for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on foundation. For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises.

SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

ZONE A means the 100-year floodplain area with the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state, local or other data.

ZONE AE (for new and revised maps) means the 100-year floodplain where the base flood elevation has been determined.

ZONE X is areas identified in the community Flood Insurance Study as areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised maps.

(Conservation Commission)

David Dwyer, Newfield, NH, from Otte & Dwyer, Inc, on behalf of Alfred Trifone, Chairman of the Conservation Commission, is here to answer any questions this evening.

Mr. Dwyer stated that if these maps are not approved by the Town by July 3, 2012, the Town residents will no longer be eligible to purchase flood insurance and emergency services will no longer be available to the Town.

Moderator Long read the Conservation Commissions recommendation which was by unanimous decision, to pass the article.

Al DiNardo, Peter Rossetti, Stephen Sweezey, Peter Manoogian and George Moriello all spoke on the article.

Peter Manoogian moves to amend Article 44 by adding “all maps and reports referenced in 4.6.A. shall be on file in the Town Clerk’s Office and Building Inspector’s Office prior to July 3, 2012.”

Seconded at 8:45 p.m.

Pamela Goodwin asked if the maps are available at this time in these locations.

Mr. Dwyer stated that they are currently in PDF form in the Planning Board’s Office.

Vote on Mr. Manoogian’s Amendment:

Unanimous voice vote to amend article 44 at 8:48 p.m.

Article as voted:

Article 44. Voted to amend the Town of Saugus Zoning By-laws and Maps, required by Federal Emergency Management Agency (FEMA) as follows:

(Double Underlined = Added Single Underlined = Deleted)

Section 6.5 – BUILDINGS IN FLOOD PLAIN DISTRICTS.

6.5.1 – REFERENCE TO EXISTING REGULATIONS (currently 780 CMR).

Section of the Massachusetts State Building code that addresses floodplain and coastal high Hazard areas (currently 780 CMR 2102.0, “Flood Resistant Construction”):

Wetlands Protection regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

Inland Wetlands Restrictions, DEP (currently 302 CMR 6.00); (currently 310 CMR 13.00)

Coastal Wetlands Restriction, DEP (currently 302 CMR 4.00); (currently 310 CMR 12.00)

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);

6.5.3. – BASE FLOOD ELEVATION AND FLOODWAY DATA

BASE FLOOD ELEVATION DATA. Base flood elevation data is required for subdivision proposals or other developments greater than 10 lots or 1 acre, whichever is the lesser, within unnumbered A zones.

NFIP State Coordinator

Massachusetts Department of Conservation and Recreation

251 Causeway Street, Suite 600 – 700

Boston, MA 02114 -2104

NFIP Program Specialist

Federal Emergency Management Agency, Region I

99 High Street, 6^th Floor

Boston, MA 02110

6.5.5. Other Use Regulations – All subdivision proposals must be designed to assure that:

Such proposals minimize flood damage;

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

Adequate drainage is provided to reduce exposure to flood hazards.

Agricultural uses such as farming, grazing, truck farming, horticulture, etc.

Forestry and nursery uses.

Outdoor recreational uses, including fishing, boating, play areas, etc.

Conservation of water, plants, wildlife.

Wildlife management areas, foot, bicycle, and/or horse paths.

Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.

Buildings lawfully existing prior to the adoption of these provisions.

DEFINITIONS:

BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in any given year.

FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

ONE HUNDRED-YEAR FLOOD – see BASE FLOOD.

REGULATORY FLOODWAY – see FLOODWAY

SPECIAL FLOOD HAZARD AREA means an area having special flood and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, V, V1-30, VE.

ZONE A means the 100-year floodplain area with the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state, local or other data.

ZONE AE (for new and revised maps) means the 100-year floodplain where the base flood elevation has been determined.

ZONE X is areas identified in the community Flood Insurance Study as areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised maps.

Yeas: 35 Nays: 1 at 8:49 p.m.

Article 44 passed as amended.

Peter Rossetti moves, as a courtesy to the Alternative Energy Committee, Article 46.

Seconded at 9:50 p.m.

Article as written:

Article 46. To see if the Town will vote to amend the Town of Saugus Zoning Bylaws to include

Wind Energy Large Scale Conversion Facilities as follows:

Article XVI – Wind Energy Large Scale Conversion Facilities

16.1) PURPOSE

The purpose of this by-law is to provide alternative renewable energy for residences and business owners of the Town of Saugus and to establish a district in which wind energy conversion facilities may be provided with minimal harm to public health, safety, welfare and to minimize impacts on scenic, natural, and historic resources of the Town.

16.2) APPLICABILITY

Description of Areas included in the Wind Energy Conversion Facility District:

The Wind Energy Conversion Facility District shall be construed as an overlay district with regard to said locations. All requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein.

16.3) DEFINITIONS

Height: The height of a turbine measured to the tip of the blade at its highest point.

Special Permit Granting Authority: Board of Selectmen (S-2 permit) required, along with any other board designated by zoning ordinance or bylaw with the authority to issue special permits.

Size: The large scale turbines are defined as 100 kW – 2MW

Wind Energy Conversion Facility: All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, all transmission, storage, collection, and supply equipment, substations, transformers, site success, service roads and machinery associated with the use. A wind energy conversion facility may consist of one or more wind turbines.

Wind Monitoring or Meteorological (“test” or “met”) Tower: Towers used for supporting anemometer, wind vane and other equipment to assess the wind resource at a predetermined height above the ground.

Wind Turbine: A device that converts kinetic energy of the wind into rotational energy to turn an electrical generator shaft.

16.4) USE RESTRICTIONS

WIND MONITORING OR METEOROLOGICAL TOWERS

A wind monitoring or meteorological (“test” or “met”) tower may be erected in a Wind Energy Conversion Facility District upon the issuance of a special permit by the Board of Selectmen if on Town property and subject to all the following conditions:

The tower shall be set back a minimum distance of at least 1.5 times the overall height of the tower from the nearest property line.

Any proposed extension in height, additions or replacement of the tower, shall be subject to a new application for an amendment to the existing special permit by the Board of Selectmen

A tower shall not be erected within (300) feet of a residential lot line.

Fencing, screening, buffer zones end the preservation of existing vegetation shall be considered during the application process.

Time Limit – A wind monitoring or meteorological tower is a temporary structure. Depending on the project and the purposes of the data acquisition, the tower will be limited to three (3) years once the construction has commenced. The Board of Selectmen reserve the right to require a shorter period of time..

Within ninety (90) days of permit expiration, the tower shall be dismantled and removed at the owner’s expense. The site must be restored to its natural state or the state which it was legally authorized for use. If the owner fails to remove the tower, the Town of Saugus shall have the authority to enter the property and physically remove the facility. The Board of Selectmen may require the owner to provide a security bond to cover the cost of removal in the event the town must remove the tower.

16.5) USE RESTRICTIONS

WIND ENERGY CONVERSION FACILITY

A wind energy conversion facility may be erected in a Wind Energy Conversion Facility District upon the issuance of a special permit by the Board of Selectmen pursuant to Article V and subject to all of the following conditions:

A wind facility shall be set back a minimum distance of at least 1.5 times the overall height of the tower from the nearest property line.

Minimum setback requirements shall not apply if the proposed turbine is located adjacent to wetlands or otherwise undeveloped land subject to the review and approval of the Board of Selectmen and the land owner as applicable.

The wind facility should not exceed FAA height restrictions when applicable.

Any proposed extension in height, additions or replacement of the tower, shall be subject to a new application for an amendment to the existing special permit by the Board of Selectmen

A wind facility shall not be erected within (300) feet of a residential lot line.

Fencing, screening, buffer zones end the preservation of existing vegetation shall be considered during the application process.

The wind facility shall be a neutral, non-reflective exterior color designed to blend with the surrounding environment. The color selected will be reviewed by the Board of Selectmen and determined if it is appropriate for the specific site.

No advertising or signage should be apparent on the wind facility unless it is a requirement of investors who provide funding for the project or as part of a business. The advertising/signage will be reviewed by the Board of Appeals to determine if it adheres to the Town’s zoning bylaw for advertising as described in Article VII – Regulations of Advertising Signs and Billboards.

The wind facility should adhere to lighting requirements if deemed appropriate by the Federal Aviation Association (based upon structure’s height and distance from airport).

The wind facility shall be sited with a flicker shadow impact report if required by state and federal regulations and should not exceed 30 hours.

The wind facility shall be sited in accordance with the provisions of the Department of Environmental Protection’s Division of Air Quality Noise Regulations (310 Code of Massachusetts Regulations 7.10). A minimum of an acoustic study report shall be submitted if required by state and federal regulations. This may be subject to stricter guidelines as determined by the Board of Selectmen.

The applicant is responsible for utility connections in compliance with the utility provider and should not be utilized as a cell tower.

The applicant shall maintain the wind facility in good condition which should include, but not be limited to painting, structural repairs, and integrity of security measures.

There shall be a minimum of one (1) parking space for each tower location, to be used in connection with the maintenance of the tower and the site, and not to be used for the permanent storage of vehicles.

Within 150 days of abandonment or the proposed date of decommissioning, the facility must be removed at the owner’s expense. The wind facility site must be restored to its natural state or the state which it was legally authorized for use. If the owner fails to remove the wind facility, the Town of Saugus shall have the authority to enter the property and physically remove the facility. The Board of Selectmen may require the owner to provide a security bond to cover the cost of removal in the event the town must remove the facility.

16.6) PROCEDURE FOR A SPECIAL PERMIT

All applications for a Wind Monitoring or Meteorological Tower and a Wind Energy Conversion Facility shall be made and filed on the application forms for special permit in compliance with the Saugus Board of Selectmen application instructions. Five copies of the following information, prepared by a professional engineer, must be submitted for an application to be considered complete.

A locus plan at a scale of (1” = 200’) that shall show all property lines, the exact location of the proposed structure (s), streets, landscape features, residential dwellings and neighborhoods and all buildings within (500) feet of the tower and/or facility.

A color photograph or rendition of the tower and/or wind facility including all turbines, ground equipment, appurtenant structures, transmission infrastructure, access, fencing, exterior lighting, etc.

A description of the tower and/or wind facility along with any technical, economic and other reasons for the proposed location, height and design.

Conformation that the tower and/or wind facility complies with State and Federal standards including flicker and acoustic studies.

Conformation that the tower and/or wind facility complies with, or is exempt from applicable regulations administered by the Federal Aviation Administration (FAA), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health.

The applicable review and advertising fees as noted in the application guidelines.

(Alternative Energy Committee)

Moderator Long read the Planning Boards unanimous decision to recommend passage of the article.

Joanne Vannah, Chairman of the Alternative Energy Committee, explained the article and asked for support.

Ann Devlin, Peter Vadala, and Peter Rossetti all spoke on the article.

Moderator Long called for a short recess at 8:56 p.m.

Moderator Long called the meeting back to order at 9:00 p.m.

Tellers distributed a proposed amendment to the article on behalf of Peter Manoogian, who proceeded to explain the amendment.

Mr. Manoogian moves to amend Article 46 to read as follows (changes are underlined/italicized):

Article ~46. ~To see if the Town will vote to amend the Town of Saugus Zoning Bylaws to include Wind Energy Large Scale Conversion Facilities as follows:

Article XVI – Wind Energy Large Scale Conversion Facilities

16.1) PURPOSE

16.2) APPLICABILITY

Description of Areas included in the Wind Energy Conversion Facility District:

The Wind Energy Conversion Facility District shall include all land owned by the Town of Saugus that is held in the care, custody, management and control of the Board of Selectmen or Town Manager and land located in B-2, B-3, I, I-1 and I-2 districts except land that has been or is currently being used as a solid waste facility or is operating under a site assignment or closure agreement as defined by the Saugus Zoning Bylaw and M.G.L. Chapter 111.

16.3) DEFINITIONS

Height: The height of a turbine measured to the tip of the blade at its highest point.

Special Permit Granting Authority: Board of Selectmen (S-2 permit) required, along with any other board designated by zoning ordinance or bylaw with the authority to issue special permits.

Site Plan Review Authority: Refers to the body of local government designated by the municipality to review site plans, in this case, the Saugus Planning Board.

Size: The large scale turbines are defined as 100 kW – 2MW

Wind Turbine: A device that converts kinetic energy of the wind into rotational energy to turn an electrical generator shaft.

16.4) USE RESTRICTIONS

WIND MONITORING OR METEOROLOGICAL TOWERS

The tower shall be set back a minimum distance of at least 1.5 times the overall height of the tower from the nearest property line.

Any proposed extension in height, additions or replacement of the tower, shall be subject to a new application for an amendment to the existing special permit by the Board of Selectmen.

A tower shall not be erected within (500) feet of a residential lot line.

Fencing, screening, buffer zones end the preservation of existing vegetation shall be considered during the application process.

16.5) USE RESTRICTIONS

WIND ENERGY CONVERSION FACILITY

A wind facility shall be set back a minimum distance of at least 1.5 times the overall height of the tower from the nearest property line. Tower height shall not exceed 200’.

The wind facility should not exceed FAA height restrictions when applicable.

Any proposed extension in height, additions or replacement of the tower, shall be subject to a new application for an amendment to the existing special permit by the Board of Selectmen.

A wind facility shall not be erected within (500) feet of a residential lot line.

Fencing, screening, buffer zones end the preservation of existing vegetation shall be considered during the application process.

The wind facility should adhere to lighting requirements if deemed appropriate by the Federal Aviation Association (based upon structure’s height and distance from airport).

The wind facility shall be sited with a flicker shadow impact report if required by state and federal regulations and should not exceed 30 hours. Wind energy facilities shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses.

The applicant is responsible for utility connections in compliance with the utility provider and shall not be utilized as a cell tower.

The applicant shall maintain the wind facility in good condition which should include, but not be limited to painting, structural repairs, and integrity of security measures.

16.6) PROCEDURE FOR A SPECIAL PERMIT

Wind turbines shall be lighted only if required by the FAA. Lighting of other parts of the wind energy facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Except as required by the FAA, lighting of the wind energy facility shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

A description of the tower and/or wind facility along with any technical, economic and other reasons for the proposed location, height and design.

Conformation that the tower and/or wind facility complies with State and Federal standards including flicker and acoustic studies.

The applicable review and advertising fees as noted in the application guidelines. ~

The applicant shall submit a plan for maintenance of access roads and storm water controls, as well as detailed procedures for operational maintenance of the wind facility that are in accordance with manufacturer’s recommendations for the period of expected operation of such facility. A facility that is not being maintained in accordance with the submitted plan and manufacturer’s recommendations shall cease operation until such time as the facility is brought into compliance with the maintenance plan and manufacturer’s recommendations

The applicant shall provide a copy of the project summary, electrical schematic, and site plan to the police and fire departments, and/or the local emergency services entity designated by the Selectmen, as well as the local electrical utility company. Upon request the applicant shall cooperate with local emergency services in developing an emergency response plan. All means of disconnecting the wind energy facility shall be clearly marked. The applicant or facility owner shall identify a responsible person for public inquiries or complaints throughout the life of the project.

Wind energy facilities shall be designed to prevent unauthorized access. For instance, the towers of wind turbines shall be designed and installed so that step bolts or other climbing features are not readily accessible to the public and so that step bolts or other climbing features are not installed below the level of 8 feet above the ground. Electrical equipment shall be locked where possible.

The applicant shall submit documentation of actual or prospective access and control of the project site sufficient to allow for installation and operation of the proposed wind energy facility. Control shall include the legal authority to prevent the use or construction of any structure for human habitation, or inconsistent or interfering use, within the setback areas.

Applicants for utility-scale wind energy facilities shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain, in the event the town must maintain or remove the facility and remediate the landscape, in an amount and form determined to be reasonable by the Selectmen, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

Absent notice of a proposed date of decommissioning or written note of extenuating circumstances, the wind energy facility shall be considered abandoned when the facility fails to operate for more than one year without the written consent of the Selectmen. If the applicant fails to remove the facility in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the town may enter the property and physically remove the facility

Any wind energy facility which has reached the end of its useful life or has been abandoned shall be removed. The owner/operator shall physically remove the facility no more than 150 days after the date of discontinued operations. The applicant shall notify the Site Plan Review Authority by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Authority may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

16.7) Site Plan Review

No wind energy facility that has received a Special Permit from the Board of Selectmen shall be erected, constructed, installed or modified as provided in this section without first undergoing site plan review by the Site Plan Review Authority.

General

16.7.1 All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts.

16.7.2 Required Documents

Pursuant to the site plan review process, the project proponent shall provide the following documents:

(a) A site plan showing:

i. Property lines and physical dimensions of the site parcel and adjacent parcels within 500 feet of the site parcel;

ii. Outline of all existing buildings, including purpose (e.g. residence, garage, etc.) on site parcel and all adjacent parcels within 500 feet of the site parcel, including distances from the wind facility to each building shown;

iii. Location of the proposed tower, foundations, guy anchors, access roads, and associated equipment;

iv. Location of all existing and proposed roads, both public and private, and including temporary roads or driveways, on the site parcel and adjacent parcels within 500 feet of the site parcel;

v. Location of all existing above ground or overhead gas or electric infrastructure, including Critical Electric Infrastructure, and utility rights of way (ROW) and easements, whether fully cleared of vegetation or only partially cleared, within 500 feet of the site parcel;

vi. Existing areas of tree cover, including average height of trees, on the site parcel and any adjacent parcels within a distance, measured from the wind turbine foundation, of 3.0 times the MTH.;

vii. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting (other than FAA lights), screening vegetation or structures;

viii. Tower foundation blueprints or drawings signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts;

ix. Tower blueprints or drawings signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts;

x. One or three line electrical diagram detailing wind turbine, associated components, and electrical interconnection methods, with all National Electrical Code and National Electrical Safety Code compliant disconnects and overcurrent devices;

xi. Documentation of the wind energy facility’s manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed), and foundation type/dimensions;

xii. Name, address, phone number and signature of the applicant, as well as all co- applicants or property owners, if any;

xiii. The name, contact information and signature of any agents representing the applicant; and

xiv. A maintenance plan for the wind energy facility;

(b) Documentation of actual or prospective access and control of the project site (see also Section 16.6), together with documentation of all applicable title encumbrances (e.g. utility ROW easements);

(c) An operation and maintenance plan (see also Section 16.6);

(d) A location map consisting of a copy of a portion of the most recent USGS Quadrangle Map, at a scale of 1:25,000, showing the proposed facility site, including turbine sites, and the area within at least two miles from the facility.

Zoning district designation for the subject parcel should be included; submission of a copy of a zoning map with the parcel identified is suitable for this purpose;

(e) Proof of liability insurance, in amounts commensurate with the risks;

(f) Certification of height approval from the FAA (see Section 16.6);

(g) A statement that evidences the wind energy facility’s conformance with Section 3.10.6, listing existing ambient sound levels at the site and maximum projected sound levels from the wind energy facility. The operation of the wind energy facility shall conform with the provisions of the Department of Environmental Protection’s, Division of Air Quality Noise Regulations (310 CMR 7.10).; and

(h) Description of financial surety that satisfies Section 16.6.

(i) A public outreach plan, including a project development timeline, which indicates how the project proponent will meet the required site plan review notification procedures and otherwise inform abutters and the community.

(j) Reasonable efforts, as determined by the Site Plan Review Authority, shall be made to place all developer-owned utility connections from the wind energy facility underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Utility owned electrical equipment required for utility interconnections may be above ground, if required by the utility provider.

The Site Plan Review Authority may waive documentary requirements for good cause shown.

Manoogian amendment is Seconded at 9:10 p.m.

Joanne Vannah explained difference between the height of the turbines and Met towers.

Edward S.W. Boesel moves to table Article 46.

Seconded at 9:11 p.m.

Unanimous voice vote to table Article 46 at 9:12 p.m.

Article 46 is tabled.

Edward S.W. Boesel moves to adjourn to June 4, 2012.

Seconded at 9:13 p.m.

Unanimous Voice Vote to Adjourn to June 4, 2012 at 7:30 p.m., in the Town Hall Auditorium.