Donald McCauley of MinutemanWind address Select Board by Brenda Smith
The following is from the taped discussion by Mr. Donald McCauley and the Select Board on Tuesday, July 25. I have put in quotations the exact statements made during the meeting. I have tried to be as clear and concise as Mr. McCauley was during his presentation.

Mr. Donald McCauley from MinutemanWind attended the Select Board Meeting Tuesday, July 25. He stated he was there to bring the Select Board up to date on what their activities have been. "Obviously, we attended the opposition meeting that was held at the fire house. We are preparing our information in the form of the questions that were raised there. We are just about to file a Notice of Construction with the Federal Aviation Administration to make sure there are no issues and that will address the lighting issues that people are concerned about. We are, also, finalizing an environmental notification form which we will be filing with the Environmental Protection. We have prepared a draft of a Zoning Amendment that we have gone over with counsel. I expect to have a draft of a zoning amendment to bring to you at the next Select Board meeting and then work with you on the process of getting it introduced . This amendment will also be presented to the planning board for a proper hearing process. We expect to send an informational update to the residents mid to late August by mail. We want to have a community informational meeting in early September (September 7 or September 14, both are Thursdays) . I need to check with you to see if that is available. Then after that information session, we would go to planning meeting. Plan to hold hearing on zoning by-law and at the same time try and keep separate the notion that the first step is the adoption of the zoning by-law, which would set forth the general framework for addressing projects. Once that is adopted, we would bring specific plans for the project before the Zoning Board of Appeals to get a Special permit consistent with the by-law. So, that is the path we are anticipating." Mr. McCauley proposed a Special Town Meeting in late October for the town to consider the zoning by-law. He stated that the steps he had listed is what they are looking to do, and to give the Select Board a sense of where they were now and what they are expecting to do.

Joe Bettis asked if he is looking to bring the by-law up before MinutemanWind applies for the permits?

Mr. McCauley responded the project is a two-step process. "As a major project, it’s the type of project we typically do through the Special Permit process. The Zoning Board has Special Permit Authority." Mr. McCauley said that the Zoning Board would be able to propose any mitigation to the project they feel appropriate. There will be a general structure in place that deals with establishing what the parameters for review, and address some of the restriction in the by-law. Mr. McCauley spoke about the June 28 opposition meeting and, the issue of height limitations. Mr. McCauley explained how the by-law would need to be modified to make the project feasible, "perhaps some other restrictions in the bylaw as well". "We are trying to come up with a simple but comprehensive by-law that would then give direction to the Zoning Board and how they would do it."

Mr. Bettis asked if Mr. McCauley has seen the draft from the Planning Board. Mr. McCauley responded "we have seen the draft of that, we are trying to respect that as much as we can." Mr. McCauley called the Planning Board to give a copy of ours, ours will be significantly different from that." MinutemanWind wants "a fair chance for review from the town. Obviously, It will be the town’s decision to do it." They would, also, consider any amendments that would be proposed.
Chad Wagenknecht inquired what would happen if the by-law is shot down. Mr. McCauley stated "if the by-law gets shot down, we can’t proceed with the project". Mr. Bettis inquired what if we don’t have a by-law. Mr. McCauley responded there is a height limitation, it’s probably not legal to do it in town without a by-law amendment."
Mr. Bettis stated that’s why the ZBA is here. Mr. Wagenknecht looked up the by-law and read from the Zoning By-laws Section 5.1.4: "The height of any building or structure shall not exceed 35 feet. Height restrictions do not apply to agricultural buildings or structures, spies, chimneys, antenna or other appurtenances usually placed about roof level and not intended for human occupancy."
Mr. Bettis said he didn’t think the by-law would pertain. Mr. Wagenknecht stated this would not pertain because it states any structure "not intended for human occupancy". Mr. McCauley responded, "unfortunately, it’s ambiguous enough that even if it were right, might be subject to litigation and litigation is, also, a risk." Mr. Tynan restated that if they proceed without a by-law, litigation could stop the project in it’s track. Mr. McCauley agreed "it’s never simple".
Mr. Wagenknecht addressed the height limitation. He asked if the turbines can be lowered to make up for the height loss." It just seems to be that everybody objected to the height". Originally, the turbines proposed for the project were lower . He questioned if they could shorten the turbines and add one more.

Mr. McCauley said one difference, in a sense, is they are newer turbines they are looking at or the same hub height, which is where the rotors are attached, is not higher as what had been discussed. The proposed turbines have longer blades. He further explained it might be possible to be a little shorter on the tower and on the blades to create a little reduction in height. "But, of all that, will have an effect on performance of the machines. But, unfortunately wind energy increases by a cube to the factor of the power of three as you go up. "So, given the advantage as you go up higher to capture more wind, and I think achieves a level of calm at this height, which has been a growth over the past five years. These machines have increased around a 50 or 60 feet hub height to a 80 meter hub height, we don’t see going bigger than that. Transportation restraints and the like would prevent that as well."

The next Select Board meeting is scheduled for August 8.

I attended the Planning Board meeting, Wednesday, July 26. Jamie Reinhardt said the proposed wind turbine by-law is almost ready. There are still a few issues that must be resolved. He presented the current draft with changes as of July 26, 2006 to the members. There will be no Planning Board meetings during the month of August. The next meeting is scheduled for September 6.

Due to work related meetings, I was not able to attend past Select Board meetings, except for July 11. I have the minutes from the meetings and will publish them for your perusal. The minutes are old, old news; but for continuity, I will bring the blog up-to-date. The following is from Brenda Smith.

July 11: The issue of Don Curley’s property was discussed. The law firm representing Mr. Curley’s estate is waiting for the probate court to appoint an executor. Once this has taken place, the Select Board has requested the clean-up of the property be completed by November 15.
Fred Sawyer requested the Select Board do something to keep the water from running off Route 8A onto his property. Since the road was blacktopped three years ago, water has continually run onto his business, (S & S Machine). The Select Board agreed to have the highway department lower the manholes.
Daniel LaBonte from the Conservation Commission came before the Select Board with concerns regarding Burnett Road. He stated there was nothing in the conservation files for the work done on Burnett Road. Chad Wagenknecht explained to Mr. LaBonte that Ray LaBonte, Highway Superintendent, spoke with Mr. Dave Demariais (property owner on Burnett Road). Mr. Ray LaBonte instructed Mr. Demariais to replace the old culverts with 15" culverts, and to have construction grade aggregate put on the road to bring it up for use. Ray said he had not had any problems with Mr. Demariais. Mr. Demariais was willing to do what Ray requested. Mr. Daniel LaBonte was still concerned that this might set a precedent if Mr. Demariais did not go before the Conservation Commission with a plan for what he intended. Mr. Wagenknecht suggested Mr. Daniel LaBonte send a friendly letter to Mr. Demariais requesting he attend a Conservation Commission meeting. (Note: When Emile Mazur was on the Select Board, Mr. Demariais approached the Select Board to discuss his plans for building a home. At that time the Select Board was considering discontinuance of maintenance of part of the road. The Select Board agreed not to discontinuance maintenance if Mr. Demariais repaired the section of Burnett Road leading to his property. Mr. Mazur conveyed this decision before he left the Select Board to Mr. Bettis and Mr. Wagenknecht.)
Mr. Ray LaBonte last day as Highway Superintendent was July 13. He will return to County Concrete.
June 17: Alice Liebenow requested the catch basin near her property be repaired by the Highway Department. She stated the catch basin is in bad shape. Joe Bettis will investigate and talk to Mr. LaBonte.
There was to be a bid opening for the Highway Department as run in the newspaper. There were only two bids. These bids were returned. The town is looking for more bids.
Mr. Wagenknecht discussed improvement to Tilton Road, extending to the end.
June 13: Robert Lucido discussed raises for Highway Department, cost of living every year set at Town Budget. Joe Bettis explained the process vote by town.
Bob Maynard, Town B cemetery. Mr. Maynard stated the cemetery is town owned and provided papers of ownership. Question, does the town want to care for the property currently cared for by him. Joe Bettis suggested a meeting with the Cemetery Commission to investigate further.
Don McCauley, from Minuteman, gave an update where they are going. He indicated he may want to attend Select Board meetings in the future. Mr. McCauley expressed his thanks for the use of the Town Fire Department for his group’s meeting. Mr. McCauley discussed the permitting process with the Town and concerns with the proposal bylaw, ‘cumbersome’. Mr. McCauley had model by-laws from Fair Haven. He also inquired who is the Town’s Counsel.
Mr. Wagenknecht stated the state will allow the Select Board to adjust account and transfer funds to balance the budget, up to 3% per account or $5,000.00, which ever is greater.
May 30: The Town Clerk noted it is time for the Select Board to make appointments for Town Boards. There was also a request for a raise for town election workers. The Select Board approved the request. They reviewed current appointees on town boards and addressed open positions in need of filling. They will continue working on filling these positions.
May 23: Preston McClanahan (Blackbrook Road) and Noel McClanahan (Hawley) came to discuss wind power. They were concerned about the effects of noise from the towers. This group wants to use the Savoy Fire House for an informational meeting for "Green Berkshires" to do a presentation, and showing films representative of impact results. Group stated inaccuracies in Minuteman presentation (visual projections). Select Board stated they will remain neutral. The Select Board suggested they contact the Savoy Fire Chief for using the firehouse.
Joe Bettis stated the Senior Center has damage that may require repair and will need to be evaluated.
Assessor Sam Davis has received a letter from theBureau of Local Assessment for the State of Massachusetts. The letter states that the Town of Savoy has forfeited to appeal the Commissioner’s determination of the 2006 Equalized Valuation.
May 16: Joe Bettis stated he will be the Northern Berkshire Solid Waste representative, appointed by the Select Board.
Jamie Reinhardt came to speak about the wind turbine meeting. Mr. Reinhardt explained the wind tower by-law is still in draft form and would like feed back from Select Board. The committee has been working with the Berkshire Regional Planning Commission. Mr. Reinhardt told the Select Board that the proponent has a draft copy of the by-law.













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Appointees for town boards who have not been sworn in should contact the Town Clerk as soon as possible. Summer hours are 1 to 5 PM on Tuesdays and Thursdays and by appointment. Please call 743-3759 Appointees who have not taken an oath of office are not eligible to vote on issues their committees are addressing.

There seems to be a great deal of confusion on who will have the final word on whether the five wind towers slated for West Hill in the Brier section of town will be built. Many residents have been counting on casting their vote in the ballot box to decide the outcome of this proposal. This is not the case. The decision is the sole responsibility of the Zoning Board, not the voters.

MinuteManWind, LLC, the company involved in the wind tower project, must submit an application for a special permit to erect the turbines in town. The application is reviewed by the Zoning Board, who will grant or reject the request. The Zoning Board must publish a notice of a public hearing within 65 days from the time the application is received, recorded and certified by the Town Clerk. After the date of the public hearing, the Zoning Board has 90 days to approve or turn down the permit. The Zoning Board will decide the outcome. Not the voters.

If the Board rejects the application and will not issue the permit, the applicant can appeal. They can also bring the issue before a Superior Court judge if it is felt the ZBA failed to execute their duties within the 90 day time limit. The law favors the applicant.

The only vote the town will have is on the by-law, which could restrict the size of the towers and address other issues the town deems important enough to put into law to protect itself from present and future problems. The by-law must be brought before the voters at a special town meeting. If passed by the voters (and a two-thirds vote is necessary), it must then be approved by the Attorney General before it is a town law. At the present time the by-law is being worked on by the Planning Board. It is very possible that the by-law will not be ready and in place before the application for a special permit is submitted by MinuteManWind.

The topic of choice whenever someone visits or calls the [Town Clerk's] office is, without question, the wind towers. Still, the legal procedure continues to be misunderstood. Residents need to understand that they will not decide the outcome by a vote. Let the Select Board and the Zoning Board know how you feel about the project. The 'pulse of the community' is what will aid the ZBA in its decision. from the Town Clerk