PUBLIC HEARING
The public hearing for Mr. Malloy’s proposed "Commercial Wind Energy Facilities Bylaw" was held October 25 at the Fire Station. Mr. Malloy explained MinutemanWind did not write the bylaw. Mr. Malloy went to UMASS to see Sally Wright, , Renewable Energy Research Lab. Ms. Wright gave Mr. Malloy a copy of the state "Model Amendment to a Zoning Ordinance or bylaw". Mr. McCauley, President of MinutemanWind, stated they took the model and developed a proposal for Savoy.

Mr. Malloy felt the Savoy Planning Board’s bylaw had too many snags and was not workable. Mr. Malloy stated the proposed bylaw MinutemanWind would present had all the ‘meat and potatoes’ of the Planning Board without the snags. (The proposed bylaw presented by MinuteManWind will be referred to as the Malloy/MinutemanWind proposal not to be confused with the Planning Board proposal.)

Steve Weisman, MinutemanWind vice president, stated they had been waiting for the Planning Board bylaw but doubted the Planning Board would present their proposal anytime soon. The Planning Board has been working on a bylaw since 2004 and, it has not been presented to the town. Mr. Reinhardt, explained the Planning Board proposal would be ready as soon as town counsel clarified legal language in the document.

When questioned why Malloy and MinutemanWind didn’t wait for the Planning Board’s proposal, Mr. McCauley explained he was concerned about their data going stale. He briefly mentioned without going into detail, wetlands and habitats. Mr. Malloy mentioned the need to move forward to take advantage of environmental and tax incentives.

Some of the residents had issues with more of the ridgelines being used for wind turbines. Mr. McCauley explained the Malloy bylaw was for the project on West Hill Road, at this time.

Mr. Reinhardt was asked what would happen if the town voted for the Malloy/MinutemanWind bylaw and then voted to supersede with the Planning Board proposed bylaw. Mr. Reinhardt explained MinutemanWind would surely apply for a Special Permit from the Zoning Board as soon as the bylaw is approved. MinutemanWind would not be bound by the guidelines proposed by the Planning Board bylaw, only future projects, if any.

Mr. Bettis was moderator in place of Eric Krutiak, who had been called out of town. Mr. Bettis, Select Board member, explained the Planning Board has 21 days to review and make a written report to the Select Board on the "Malloy-MinutemanWind proposed bylaw". Mr. Bettis stated the Select Board thinks the "Malloy-MinutemanWind proposal" is a workable bylaw. He further explained the Select Board already has ideas on changing the "Malloy/MinutemanWind proposed bylaw before being presented to the town for a vote. The proposed bylaw will require a 2/3 vote at a Special Town Meeting to pass. Mr. Bettis stated the vote would be by ballot.

There was a question how concerns of citizens would be handled. Mr. Bettis said these issues would be handled by the Select Board. Concerned citizens would contact the Select Board and they would contact MinutemanWind.

Mr. McCauley was asked to define ‘sensitive economic information". Mr. McCauley said MinutemanWind would withhold sensitive economic information if it applies to individuals.

Mr. McCauley stated MinutemanWind wants to make "payment in lieu of taxes" (PILOT). Mr. Weisman stated assessors make assumptions about what taxes should be. The Select Board would negotiate PILOT. The propose settlement would be put before the town for a vote. If PILOT failed, the fallback for the town would be normal taxation. It was suggested taxation would be based on the cost of the turbines. The rate would be the ‘residential rate’ since Savoy has only a ‘residential rate’.

Mr. McCauley stated the Department of Revenue Regulations give the developer the right to PILOT. The proposed Malloy/MinutemanWind bylaw provides for independent consultants to be paid by the applicant. Mr. McCauley stated some towns hire consultants to negotiate PILOT. The town would be permitted to seek consultants familiar with negotiating fees for wind turbines and MinutemanWind would pay the consultants.

Mr. Bettis responded to inquiries about the fees MinutemanWind would pay the town. Mr. Bettis said the Select Board won’t know what the town would receive until after a bylaw is passed and MinutemanWind applies for a permit.

Mr. McCauley stated the existing bylaw would keep the project from beginning. The project would be illegal. The current bylaw has height limitations. Also, there is language that limits type of uses for land.

Mr. Malloy and Mr. Weisman both took shots at the Planning Board, as previously noted, for not having the Town Proposed bylaw ready. What they both neglect to appreciate is the Planning Board wrote the bylaw after reviewing exiting bylaws from other towns. The Planning Board members put in hundreds of hours researching issues the residents brought before them. The Planning Board has been trying to develop a bylaw that the residents would be comfortable voting for. They listened to the residents, trying to do the right thing for the town. The Planning Board had been working on the town’s proposal before Mr. Malloy walked into Sally Wright’s office and was handed the State’s generic model.

Mr. Bettis and Mr. Rosenthal had a brief exchange that brought a halt to the meeting. Mr. Rosenthal had his hand raised and wanted to be recognized to ask a question. Mr. Bettis told him he was not going to call on him again and to put his hand down. Mr. Rosenthal stated he was not going to put his hand down. Mr. Reinhardt stepped forward and adjourned the meeting. By Brenda Smith