Monday, July 31, 2006

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.

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