At the Select Board Meeting of December 18, 2007, Don McCauley, President, Minuteman Wind LLC gave a presentation on the estimate of property taxes that would be paid to the Town. Mr. McCauley cautioned the Board and those in attendance in presentation was a concept and would need a bylaw to know total costs.
Below is the letter Mr. McCauley provided to those in attendance.
"You have asked Minuteman Wind LLC to provide you with an estimate of the property taxes that would be paid by Minuteman once it begins operation of its proposed wind powered electric generating plant on West Hill off of Harwood Road.
This letter and the accompanying model will, we hope, provide information for the Board of Selectmen regarding the complex issues concerning property taxation for electric generating plants. We stress that this letter is only a discussion of the issues. The actual determination of valuation will depend on multiple factors, many of which Minuteman Wind will only be able to determine as it proceeds with detailed project design and implementation.
Property Taxes
Under the Electric Restructuring Act adopted by Massachusetts in 1997, electric generating plants are to be valued for property tax purposes based on market valuation, the same process used for other commercial and residential properties. This valuation is difficult for electric plants, however, because there is a limited history of comparable projects on which to develop the market valuation. In the absence of such a market, we are advised that assessors look primarily to the cash flow of the project to develop an estimate of value.
The accompanying model gives an overview of the cash flow of the project. It is a very simplified overview, but because of its simplicity perhaps it will provide a better view of the drivers of valuation. The project will have two principal sources of revenues: electricity sales and renewable energy certificate sales. The project will not have fuel costs, but will have various other operating expenses, including rent, insurance, planned maintenance, reserves for unscheduled maintenance, and administrative costs.
These revenues less operating expenses result in the net operating revenues (also referred to as cash available for debt service) for the project. This is the cash flow that will be used by assessors in valuing the project for property tax purposes. Critical issues in determining value will be the determination of the appropriate discount rate.
The model assumes prices of $.06/kwh for electric energy and $.04/kwh for RECs. It also assumes a discount rate of 12.5%. Based on these numbers, the project’s value will be approximately $22,000,000. This value will stay relatively constant until the last years of the project when the value will decline. At a tax rate of $10 per $1000, this would result in property taxes of approximately $220,000 per year. While these are ball park figures for planning, actual numbers will not be determined until Minuteman is able to proceed with the detailed planning of the project, assuming of course that the Town’s zoning bylaw is amended to allow Minuteman to proceed with a special permit application.
The projected value of approximately $22,000,000 is comparable to the expected cost of construction, so that a cost based approach will yield a comparable valuation. Again, these numbers are rough estimates and are based on estimates developed earlier in the project process. The cost of turbines is escalating significantly, and there are many costs, such as road improvements, which need much more definition.
Since the project represents new growth in property value for Savoy, it would increase the tax base of the town and increase permitted revenues under Proposition 2 1/2. The increased revenues could also be able to be used by the town to reduce the overall tax rate.
PILOT Agreements
As an alternative to property tax assessment and collection, towns are permitted to enter into long term PILOT (payment in lieu of taxes) agreements with electric generating plants. A PILOT agreement would specify the amount payable to the Town each year, which would be comparable to the property tax amount and could include an agreed escalator. It would avoid potential disputes as to valuation and save the town the additional periodic cost of engaging an expert to complete a property valuation of the electric generating plant. It would also avoid volatility in tax revenue as market prices for electricity and RECs change over time. Minuteman strongly believes that a PILOT agreement is the appropriate way to proceed and would want to enter into a PILOT agreement with the Town.
Additional Issues
You should note that the cash available for debt services which will be used as the basis for valuation does not represent the value of the project to Minuteman. Minuteman will use these funds to pay back loans and other financing necessary to pay for the cost of constructing the project.
Another issue that will need to be addressed is the proper treatment of the decommissioning fund and its impact on the value of the project. In the model, we have assumed that the decommissioning fund will be an expense in the first year. This is a placeholder, until we negotiate the nature of the decommissioning fund and determine its proper accounting treatment. It is just included here as a reminder that, while it is a necessary obligation of Minuteman, it is a true cost of the project that will impact the project’s value.
We hope that this information is helpful to you in understanding the project, but, again, we must caution the Board that these are estimates and subject to change as Minuteman proceeds into more detailed project analysis.
We look forward to discussing the matter further with you, and hope for your support of the citizens’ petition submitted by Mr. Malloy." end of letter
Mr. Tom Marshall asked the Select Board members where they stood on the issue.
Mr. Bettis stated he is personally for it. "I am a very green person, wind is free, sustainable, this project is doable. It’s not my call, it’s the town’s call."
Mr. Tynan stated he would like to see it happen, "but, we have to listen to everyone in town. My personal opinion, I don’t really care about windmills."
Mr. Koczela said he liked the idea, but he was also thinking about the people who live in the area and how it would impact them. "We are facing a huge debt right now, our override didn’t pass, we are cleaning out all of our reserves, taxes are going to keep going up. Are we going to wait for the State to keep handing out money to us and we keep going in the hole." He stated the monies may help to stabilize the town and provide money for new highway equipment, fire equipment, and possibly drop taxes in the future. "It is very, very tempting."
Mr. Bettis stated it is part of the Select Board’s job to try and get new revenue, and there is not much of a way to do that in this town.
By Brenda Smith
(Editor’s note: The Select Board meeting was tape recorded. If anyone in Savoy would like to hear the hour long discussion with Mr. McCauley and the Select Board, the recording will be available until Wednesday, January 2, 2008. The Special Town Meeting to vote on the bylaw is Thursday, January 3 at 7PM at the Fire Station.)
Wednesday, December 26, 2007
Money is the Carrot, Here’s the Stick.
Pretty is as pretty does. If power from wind made any sense, it might strike some balance between its production value and its downsides.
Wind doesn’t blow enough or dependably. The usual energy generators must consistently back up wind turbine generators. The construction costs per turbine are several million dollars subsidized by taxpayers. Getting energy from wind is a fool’s wasteful errand. Consumers will pay more for energy.
Two centuries ago, steam replaced wind power in the whaling industry eliminating weeks at sea without a breeze, the “doldrums”. What do we get? We get a higher electric bill, very little energy and as much or more CO2.
What expenses would $220K cover in Savoy? That income would reduce the State’s grants to Savoy by $100K for its lottery money shares and aid to the school. And after various costs of added full-time police, firefighters, road workers and maintenance, what is left? Hardly anything.
Property values will decrease causing a tax burden shift. Health risks go up due to very short setback distances of houses from turbines. The World Health Organi-zation sets a safe setback at a mile and a half. Is the town prepared for lawsuits?
What assurances are given that Savoy will see the money? Other towns across the country report they have been shortchanged. Developers are in it for the money only, not the energy.
Savoy’s Town Clerk reports that there are no firm money assurances from the developer Minuteman Wind, no signed contract not even a handshake.
$220K is an unfounded figure. It is the carrot, the stick is to trick Savoy into a very destructive deal: financial, environmental, as well as aesthetic ruin. The pot at rainbow’s end has a hole in it.
Preston McClanahan
Savoy, MA
Pretty is as pretty does. If power from wind made any sense, it might strike some balance between its production value and its downsides.
Wind doesn’t blow enough or dependably. The usual energy generators must consistently back up wind turbine generators. The construction costs per turbine are several million dollars subsidized by taxpayers. Getting energy from wind is a fool’s wasteful errand. Consumers will pay more for energy.
Two centuries ago, steam replaced wind power in the whaling industry eliminating weeks at sea without a breeze, the “doldrums”. What do we get? We get a higher electric bill, very little energy and as much or more CO2.
What expenses would $220K cover in Savoy? That income would reduce the State’s grants to Savoy by $100K for its lottery money shares and aid to the school. And after various costs of added full-time police, firefighters, road workers and maintenance, what is left? Hardly anything.
Property values will decrease causing a tax burden shift. Health risks go up due to very short setback distances of houses from turbines. The World Health Organi-zation sets a safe setback at a mile and a half. Is the town prepared for lawsuits?
What assurances are given that Savoy will see the money? Other towns across the country report they have been shortchanged. Developers are in it for the money only, not the energy.
Savoy’s Town Clerk reports that there are no firm money assurances from the developer Minuteman Wind, no signed contract not even a handshake.
$220K is an unfounded figure. It is the carrot, the stick is to trick Savoy into a very destructive deal: financial, environmental, as well as aesthetic ruin. The pot at rainbow’s end has a hole in it.
Preston McClanahan
Savoy, MA
Friday, December 21, 2007
A MESSAGE FROM THE TOWN CLERK:
I am writing this article in response to a deluge of phone calls to my home and the Town Clerk’s office concerning a report in the North Adams Transcript.
On Wednesday, January 3rd, residents will be asked to consider accepting or rejecting a bylaw that addresses the wind tower project on West Hill. This is the first of two bylaws that have been submitted to the town for approval by the voters. Townspeople are understandably confused with this two bylaw situation and have been given the additional burden of trying to sort the misinformation from the facts. On December 19th, an article appeared in the Transcript stating that the developer of the wind power project, Minuteman Wind, LLC, had offered the town $220,000 annually "in the form of a payment in lieu of taxes if its proposed wind farm is approved for a special permit by the Zoning Board of Appeals." This information is not accurate.
A letter from Donald S. McCauley, President of Minuteman Wind LLC, dated December 11, 2007, clearly states....."we must caution the Board that these are estimates and subject to change as Minuteman proceeds into more detailed project analysis." As Town Clerk and keeper of the town records, I can clearly state that there has been no document entered into the town records, no definitive agreement, no contract signed by officials, and, (to my knowledge), not a handshake, or a promise, that any amount of money has been agreed upon. And, again, as Town Clerk, I am concerned that those residents ..."celebrating the offer as an answer to daunting financial problems." , and others who read the article in the Transcript, will make their decision based on this erroneous information. Copies of the Minuteman letter are available at the Town Office as well as both bylaws. I urge all residents to know what they are voting for.
BYLAW CONFUSION
Two bylaws are to be voted on by the town. The first, which will go before the voters on January 3rd, was influenced by a state-designed outline for a bylaw addressing wind tower projects within the Commonwealth. It is a simple document that is easy to understand and states clearly its objectives. This proposal was submitted by Mr. Harold "Butch" Malloy, owner of the land the turbines will be built on, and forty-three registered voters who also signed the document.
The second bylaw is being proposed by the Savoy Planning Board. This document has been three years in the works and permits construction of wind facilities town wide, as does the "Malloy" bylaw, but restricts certain aspects of a project that would not comply with the concerns of the residents. This bylaw was developed as a result from the input of resident comments, neighboring town input, advice from the Attorney General’s office, Town Council, and visits to Planning Boards in other communities that have already experienced wind farms.
The difference in the bylaws rests mostly with the height of the towers. In the "Malloy" version, 425 feet is proposed as acceptable to the area landscape. The Savoy Planning Board suggests 350 feet is the height most reasonable to fit the size of the community and surrounding areas. Other areas of comparison between the two bylaws concern future projects, property setback, emergency services, flicker and shadow effects, abandonment, balloon visualization (pre-construction), and abandonment. The Planning Board has been handing out informational sheets on their proposed bylaw that point out the differences between the two laws for the convenience of the residents. This information is also available at the Town Office.
Residents should understand the importance of knowing what they are voting on. The results of this issue will impact the town of Savoy and its residents today and for generations to come. It should not be taken lightly, nor should the responsibility of this decision be left to others. Get the facts. Know the substance of each of these bylaws. Vote the one that you feel would best serve you and the community in general.
I am writing this article in response to a deluge of phone calls to my home and the Town Clerk’s office concerning a report in the North Adams Transcript.
On Wednesday, January 3rd, residents will be asked to consider accepting or rejecting a bylaw that addresses the wind tower project on West Hill. This is the first of two bylaws that have been submitted to the town for approval by the voters. Townspeople are understandably confused with this two bylaw situation and have been given the additional burden of trying to sort the misinformation from the facts. On December 19th, an article appeared in the Transcript stating that the developer of the wind power project, Minuteman Wind, LLC, had offered the town $220,000 annually "in the form of a payment in lieu of taxes if its proposed wind farm is approved for a special permit by the Zoning Board of Appeals." This information is not accurate.
A letter from Donald S. McCauley, President of Minuteman Wind LLC, dated December 11, 2007, clearly states....."we must caution the Board that these are estimates and subject to change as Minuteman proceeds into more detailed project analysis." As Town Clerk and keeper of the town records, I can clearly state that there has been no document entered into the town records, no definitive agreement, no contract signed by officials, and, (to my knowledge), not a handshake, or a promise, that any amount of money has been agreed upon. And, again, as Town Clerk, I am concerned that those residents ..."celebrating the offer as an answer to daunting financial problems." , and others who read the article in the Transcript, will make their decision based on this erroneous information. Copies of the Minuteman letter are available at the Town Office as well as both bylaws. I urge all residents to know what they are voting for.
BYLAW CONFUSION
Two bylaws are to be voted on by the town. The first, which will go before the voters on January 3rd, was influenced by a state-designed outline for a bylaw addressing wind tower projects within the Commonwealth. It is a simple document that is easy to understand and states clearly its objectives. This proposal was submitted by Mr. Harold "Butch" Malloy, owner of the land the turbines will be built on, and forty-three registered voters who also signed the document.
The second bylaw is being proposed by the Savoy Planning Board. This document has been three years in the works and permits construction of wind facilities town wide, as does the "Malloy" bylaw, but restricts certain aspects of a project that would not comply with the concerns of the residents. This bylaw was developed as a result from the input of resident comments, neighboring town input, advice from the Attorney General’s office, Town Council, and visits to Planning Boards in other communities that have already experienced wind farms.
The difference in the bylaws rests mostly with the height of the towers. In the "Malloy" version, 425 feet is proposed as acceptable to the area landscape. The Savoy Planning Board suggests 350 feet is the height most reasonable to fit the size of the community and surrounding areas. Other areas of comparison between the two bylaws concern future projects, property setback, emergency services, flicker and shadow effects, abandonment, balloon visualization (pre-construction), and abandonment. The Planning Board has been handing out informational sheets on their proposed bylaw that point out the differences between the two laws for the convenience of the residents. This information is also available at the Town Office.
Residents should understand the importance of knowing what they are voting on. The results of this issue will impact the town of Savoy and its residents today and for generations to come. It should not be taken lightly, nor should the responsibility of this decision be left to others. Get the facts. Know the substance of each of these bylaws. Vote the one that you feel would best serve you and the community in general.
Monday, December 10, 2007
Below is the Proposed Savoy Wind Energy Bylaw presented by Mr. Malloy. I (Brenda Smith) was remiss by not posting this proposal sooner.
SECTION 9. COMMERCIAL WIND ENERGY FACILITIES
9.1 Purpose. The purpose of this Section 9 of the Zoning Bylaw is to provide by special permit for the construction and operation of commercial wind facilities while minimizing the impacts on the scenic, natural and historic resources of the Town of Savoy. This bylaw provides standards and requirements for the design, construction, monitoring, modification and removal of such facilities.
9.2 Definitions. The following terms are defined, for purposes of Section 9, as follows:
Access Road: A roadway constructed on the Site for use in the construction and operation of the Commercial Wind Facility.
Commercial Wind Facility: A Wind Energy Conversion Facility with a nameplate capacity greater than 60 kW.
CWF Owner: The person owning the Commercial Wind Facility.
Decommissioning: Decommissioning shall consist of:
a. Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines, except foundations and underground conduits, from the Site.
b. Disposal of all solid and hazardous waste in accordance with applicable waste disposal regulations.
c. Stabilization or re-vegetation of the Site as necessary to minimize erosion.
Height: The height of each wind turbine in a Wind Energy Conversion Facility shall be measured from the grade at the base of the turbine to the uppermost extension of any blade of the turbine.
Meteorological Tower: A temporary tower equipped with devices to measure wind speeds and direction, used to determine how much wind power a site can be expected to generate.
Property Owner: The person holding proprietary interest in land on which the Wind Energy Conversion Facility is located or proposed to be located. The owner may or may not be the CWF Owner.
Site: The parcel or parcels on which the Commercial Wind Facility is to be located.
Special Permit Granting Authority or SPGA means the Town of Savoy Zoning Board of Appeals.
Wind Energy Conversion Facility: All equipment, machinery and structures utilized in connection with the utilization of wind energy to generate electric energy, including related transmission, distribution, collection, storage or supply systems whether underground, on the surface or overhead, and other equipment including but not limited to, wind turbine, anemometer (wind measuring equipment), transformers, substation, power lines, control and maintenance facilities, site access and service roads. A Wind Energy Conversion Facility may consist of one or more wind turbines. The primary components of a wind turbine are the foundation, tower, nacelle and blades (see diagram attached as Appendix A to the Zoning Bylaw).
9.3. Meteorological Towers. A Meteorological Tower shall be a by-right temporary structure installation provided that it meets the following conditions:
9.3.1 The height of the Meteorological tower shall not exceed 200 feet.
9.3.2 The Meteorological Tower shall be located at a distance of at least 1.0 times the height of the tower from any adjacent property boundary and at a distance of at least 1.5 times the height of the tower from any structure/building occupied by humans on adjacent properties.
9.3.3. The SPGA may require that, prior to erection of the Meteorological Tower, the applicant shall provide (i) evidence of commercial general liability insurance in an amount of $1,000,000 per occurrence and (ii) a financial surety in an amount appropriate for the removal of the Meteorological Tower and otherwise in a form a reasonably satisfactory to the SPGA.
9.3.4 The Meteorological Tower shall be removed after a period of 3 years from the date of erection, but such period may be extended by the SPGA for a reasonable period (i) in the event of a failure in the data collection equipment or (ii) upon filing of an application for a special permit for a Commercial Wind Facility at the site where the Meteorological Tower is located.
9.4. General Requirements for Commercial Wind Energy Facilities.
9.4.1. General. No Commercial Wind Facility may be erected, constructed, or installed without first obtaining a Special Permit from the SPGA as provided for in this bylaw. Any physical modifications to existing Commercial Wind Facilities that materially alters the type or size of such facilities shall also require a special permit from the SPGA. The SPGA shall grant a Special Permit if it finds that the proposed Commercial Wind Facility complies with the criteria of this Section 9 and other applicable provisions of the Zoning Bylaw.
9.4.2 Compliance with Laws. The construction and operation of all Commercial Wind facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation requirements. The issuance of a special permit shall not limit the Town’s ability to enforce or seek enforcement of other legal requirements applicable to the Commercial Wind Facility.
9.4.3 Liability Insurance. Prior to commencement of construction, the CWF Owner shall provide evidence to the Board of Selectmen of adequate liability insurance against loss or damage to persons, including personal injury or death, and structures occasioned by failure of the facility.
9.4.4 Accessory Uses. Telecommunications antennas may be sited on Commercial Wind Facilities, subject to applicable regulations governing such uses and to the following.
(a) All ground-mounted equipment shall be located in a shelter, within the Commercial Wind Facility or otherwise screened from view.
(b) Antennas shall be flush-mounted to be in keeping with the design of the Commercial Wind Facility;
(c) All associate cabling shall be contained within the tower structure or enclosed within a conduit finished to match the turbine.
9.5 General Siting Standards
9.5.1 Height. The height of a Commercial Wind Facility shall not exceed 425 feet, with a minimum blade clearance from the ground immediate below of 100 feet.
9.5.2 Setbacks. Each wind turbine in the Commercial Wind Facility shall be located at a distance of at least 1.0 times the height of the tower from any adjacent property boundary and at a distance of at least 1.5 times the height of the facility from any structure/building occupied by humans on adjacent properties which have received a building permit or certificate of occupancy from the Town at the time of the application for a special permit.
9.6 Design Standards.
9.6.1 Color. All facility devices/components (tower, hub and blades) shall be designed to blend into the structure and/or the landscape to the extent reasonably practicable, such as by including the use of non-reflective and less obtrusive colored (e.g. ‘putty’) exterior paints.
9.6.2 Lighting. Lighting of the exterior of the wind facility shall be prohibited, except for the minimum extent necessary lighting or marking requirements of the Federal Aviation Administration. Supplemental lighting of safety or information signs as determined necessary by the SPGA. Lighting shall be designed to minimize glare on abutting properties and except as required by the FAA be directed downward with full cut-off fixtures to reduce light pollution.
9.6.3 Signage. The Commercial Wind Facility shall have signs on or near each wind turbine identifying the CWF Owner and providing a 24-hour emergency contact phone number. The Commercial Wind Facility shall also have signs on or near each wind turbine and at the beginning of the on-site access road to minimize trespassing and to warn of any dangers at the Commercial Wind Facility. The Commercial Wind Facility may also have educational signs providing information about the facility and the benefits of renewable energy. All signs shall comply with the requirements of the Zoning Bylaw.
9.6.4 Advertising. The Commercial Wind Facility shall not display any advertising except for reasonable identification of the manufacturer of the wind turbine and of the owner and operator of the facility.
9.6.5. Appurtenant Structures. All appurtenant structures, including but not limited to equipment shelters, storage facilities, transformers and substations, shall be architecturally compatible with each other and shall be contained within the wind turbine tower to the extent technically and economically feasible. Structures shall only be used for housing of equipment for the Site.
9.7 Safety, Aesthetic and Environmental Standards.
9.7.1 Emergency Services. The applicant shall provide a copy of project plans to local emergency services, as designated by the SPGA. Upon request, the applicant shall provide safety training courses to local emergency services and shall cooperate with local emergency services in developing an emergency response plan.
9.7.2 Shadow/Flicker. A Commercial Wind Facility shall be sited in a manner that minimizes shadowing or flicker impacts which occur when the sun's rays on nearby receptors (usually homes and businesses) are temporarily blocked by the passing of a rotating wind turbine blade. The applicant has the burden of proving that shadowing or flicker does not have significant adverse impact on neighboring or adjacent uses.
9.7.3 Noise. The Commercial Wind Facility noise shall conform to the regulations of the Department of Environmental Protection’s Division of Air Quality Noise Regulations (310 CMR 7.10).
9.7.4 Land Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the Commercial Wind Facility and shall otherwise be in compliance with all applicable local, state and federal requirements.
9.7.5 Safety Features. The Commercial Wind facility shall be designed to prevent unauthorized access (such as by construction of a fenced enclosure or locked access). The SPGA may impose such safety-related conditions, including buy not limited to fences, gates and warning signs as it reasonably finds necessary to protect public health and safety.
9.8 Maintenance.
9.8.1 Access Road. The CWF Owner shall, at all times, maintain the Access Road to a level reasonably acceptable to the local emergency services.
9.8.2 Site Maintenance. The CWF Owner shall maintain the access road (unless accepted as a public way), the Site, and the Commercial Wind Facility in good condition.
9.8.3 Repair of Public Ways. The CWF Owner shall be responsible for the cost of repairing any damage to a public way (including the Access Road if accepted as a public way) restoration of any damage caused by use of the public way in connection with the construction, operation or maintenance of the Commercial Wind Facility. A qualified third party engineer, mutually acceptable to the Town and the applicant, and paid for by the applicant, shall prior to construction (but no longer than a period of 30 days) document road conditions over roads expected to be used in the construction of the Commercial Wind Facility. The engineer shall document road consitions over affectd roads thirty days after completion of construction, or reasonably thereafter as weather permits. Necessary road repairs shall be approved by the Town Highway Department and the Board of Selectmen. The cost of any road repairs as a result of the construction of the Commercial Wind Facility shall be borne by the CWF Owner.
9.9 Abandonment or Decommissioning.
9.9.1 Removal Requirements. Any Commercial Wind Facility which has reached the end of its useful life shall be Decommissioned. When the Commercial Wind Facility is scheduled to be Decommissioned, the CWF Owner shall notify the Town of the proposed date of discontinued operations and plans for Decommissioning. The CWF Owner shall provide for the physical removal of the wind turbines within 150 days after the date of discontinued operations and shall diligently pursue all other Decommissioning activities.
9.9.2 Abandonment. Absent notice of a proposed date of Decommissioning, the Commercial Wind Facility shall be considered abandoned when it fails to operate, except for repair, refurbishment or upgrading, for a consecutive period of one year, unless with the expressed written consent of the SPGA. The SPGA shall determine in its decision what proportion of the facility is inoperable for the facility to be considered abandoned. If the CWF Owner applicant fails to Decommission Commercial Wind Facility in accordance with the requirements of section 9.9.1 within 150 days of abandonment or the proposed date of decommissioning, the Town, by direction of the Selectmen, shall have the authority to enter the property and physically remove the facility in accordance with this section.
9.9.3 Surety
9.9.3.1. Prior to commencing construction, the CWF Owner shall post an ongoing financial surety to cover the cost of Decommissioning in the event the Town must decommission the Commercial Wind Facility in compliance with the requirements set forth herein. Costs may include necessary legal, engineering, permitting, procurement, and construction and demolition expenses.
9.9.3.2. The surety shall be in a form (such as escrow account, bond, or otherwise) and an amount (not exceeding 125 percent of the cost of removal and compliance with the additional requirements set forth herein) reasonably satisfactory to the SPGA. The surety may be issued jointly by the CWF Owner to the Town, the Property Owner, and its lenders, and may be enforceable by each beneficiary in accordance with its terms.
9.9.3.3. A proposed form of surety which is limited in duration (e.g., to 1, 2, 5 years, etc.) shall be acceptable to the SPGA, subject to the condition that it is replaced by another acceptable form of surety prior to its expiration. Thus, an applicant may from time to time update with current estimates its costs of removal and other compliance and provide a new surety consistent with the updated estimates.
9.10 Term of Special Permit; Annual Meeting
9.10.1 Term of Special Permit. A Special Permit issued for a Commercial Wind Facility shall be valid for 25 years, unless extended or renewed. The time period may be extended or the permit renewed by the SPGA upon satisfactory operation of the facility. Request for renewal must be submitted at least 540 days prior to expiration of the special permit. Submitting a renewal request shall allow for continued operation of the facility until the SPGA acts. At the end of that period (including extensions and renewals), the wind facility shall be removed as required by this bylaw. The SPGA will reserve the right to waive sections of the wind turbine bylaw based upon historical data recorded over the prior years of operation.
9.10.2 Annual Meeting. An annual meeting shall be conducted (to be scheduled by the CWF Owner) between the CWF Owner and the town officials to discuss project related issues and concerns, including, but not limited to (i) recorded problems and incidents; (ii) resolution of problems and incidents; and (iii) report on equipment service plans.
9.10.3 Notice of Change in Ownership. Notice shall be provided to the Board of Selectmen of any change in the ownership of the Commercial Wind Facility.
9.11 Application Requirements and Process.
9.11.1 General. The application for special permit for a Commercial Wind Facility shall be filed by the applicant with the town clerk. The applicant shall provide 8 copies of the application. The application may redact any sensitive economic information concerning the facility.
9.11.2 Required Documents. The application shall include:
9.11.2.1 the name and contact information for the applicant;
9.11.2.2 a list of all project related consultants and technical specialists; and
9.11.2.3 documentation of the applicant’s legal right to use the Site for construction and operation of the Commercial Wind Facility.
9.11.3 Siting and Design Information. The application shall include the following material to describe the proposed Commercial Wind Facility:
9.11.3.1 Location Map. 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 the turbine sites, and the area within at least two miles from the proposed facility.
9.11.3.2 Site Plan. A plan of the facility site at a scale of 1" = 200 feet, with contour intervals no greater than 10 feet showing:
(a) Property lines for the Site and adjacent parcels within 300 feet;
(b) Outline of all existing buildings, including purpose (e.g. residence, garage, etc.) on the Site and all adjacent parcels within 500 feet and showing distance from the Commercial Wind Facility to each building shown;
(c) Location of all roads, public and private, on the Site and adjacent parcels, and proposed roads on the Site;
(d) Existing vegetation on the Site; and
(e) Proposed location and design of the Commercial Wind Facility, including all wind turbines, ground equipment, appurtenant structures, transmission infrastructure, access roads, fencing and lighting.
9.11.4. Visualizations. The Applicant shall provide visualizations from at least five sight lines selected to give representative views from principal locations in the Town and surrounding communities, for pre- and post-construction view representations of the Commercial Wind Facility. The view representations shall:
(a) be in color and shall include actual pre-construction photographs and accurate post-construction simulations of the height and breadth of the wind facility (e.g. superimpositions of the wind facility onto photographs of existing views).
(b) include existing, or proposed, buildings or tree coverage.
(c) be accompanied by a description of the technical procedures followed in producing the visualization (distances, angles, lens, etc).
9.11.5 Landscape Plan. The application shall include a plan indicating all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting other than FAA lights, screening vegetation or structures.
9.11.6 Traffic Plan. The application shall provide the applicants estimate of traffic impacts during the construction and operation of the Commercial Wind Facility, including:
(a) a map of roadways anticipated to be utilized for construction and delivery of all project components and materials;
(b) Provide information on delivery vehicle types available for delivery of wind turbine components;
(c) Report all locations on the delivery route where land alterations, notwithstanding ownership, are necessary;
(d) Report if there will be road closures and disruptions affecting provisions for emergency response; and
(e) Report on any necessary road improvements.
9.11.7. Town Consultants. The SPGA may retain technical experts and consultants as appropriate to verify information presented by the applicant. The applicant shall be responsible for the cost of such consultants.
APPENDIX A was a picture of the wind turbine which will not scan to become part of this document.
SECTION 9. COMMERCIAL WIND ENERGY FACILITIES
9.1 Purpose. The purpose of this Section 9 of the Zoning Bylaw is to provide by special permit for the construction and operation of commercial wind facilities while minimizing the impacts on the scenic, natural and historic resources of the Town of Savoy. This bylaw provides standards and requirements for the design, construction, monitoring, modification and removal of such facilities.
9.2 Definitions. The following terms are defined, for purposes of Section 9, as follows:
Access Road: A roadway constructed on the Site for use in the construction and operation of the Commercial Wind Facility.
Commercial Wind Facility: A Wind Energy Conversion Facility with a nameplate capacity greater than 60 kW.
CWF Owner: The person owning the Commercial Wind Facility.
Decommissioning: Decommissioning shall consist of:
a. Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines, except foundations and underground conduits, from the Site.
b. Disposal of all solid and hazardous waste in accordance with applicable waste disposal regulations.
c. Stabilization or re-vegetation of the Site as necessary to minimize erosion.
Height: The height of each wind turbine in a Wind Energy Conversion Facility shall be measured from the grade at the base of the turbine to the uppermost extension of any blade of the turbine.
Meteorological Tower: A temporary tower equipped with devices to measure wind speeds and direction, used to determine how much wind power a site can be expected to generate.
Property Owner: The person holding proprietary interest in land on which the Wind Energy Conversion Facility is located or proposed to be located. The owner may or may not be the CWF Owner.
Site: The parcel or parcels on which the Commercial Wind Facility is to be located.
Special Permit Granting Authority or SPGA means the Town of Savoy Zoning Board of Appeals.
Wind Energy Conversion Facility: All equipment, machinery and structures utilized in connection with the utilization of wind energy to generate electric energy, including related transmission, distribution, collection, storage or supply systems whether underground, on the surface or overhead, and other equipment including but not limited to, wind turbine, anemometer (wind measuring equipment), transformers, substation, power lines, control and maintenance facilities, site access and service roads. A Wind Energy Conversion Facility may consist of one or more wind turbines. The primary components of a wind turbine are the foundation, tower, nacelle and blades (see diagram attached as Appendix A to the Zoning Bylaw).
9.3. Meteorological Towers. A Meteorological Tower shall be a by-right temporary structure installation provided that it meets the following conditions:
9.3.1 The height of the Meteorological tower shall not exceed 200 feet.
9.3.2 The Meteorological Tower shall be located at a distance of at least 1.0 times the height of the tower from any adjacent property boundary and at a distance of at least 1.5 times the height of the tower from any structure/building occupied by humans on adjacent properties.
9.3.3. The SPGA may require that, prior to erection of the Meteorological Tower, the applicant shall provide (i) evidence of commercial general liability insurance in an amount of $1,000,000 per occurrence and (ii) a financial surety in an amount appropriate for the removal of the Meteorological Tower and otherwise in a form a reasonably satisfactory to the SPGA.
9.3.4 The Meteorological Tower shall be removed after a period of 3 years from the date of erection, but such period may be extended by the SPGA for a reasonable period (i) in the event of a failure in the data collection equipment or (ii) upon filing of an application for a special permit for a Commercial Wind Facility at the site where the Meteorological Tower is located.
9.4. General Requirements for Commercial Wind Energy Facilities.
9.4.1. General. No Commercial Wind Facility may be erected, constructed, or installed without first obtaining a Special Permit from the SPGA as provided for in this bylaw. Any physical modifications to existing Commercial Wind Facilities that materially alters the type or size of such facilities shall also require a special permit from the SPGA. The SPGA shall grant a Special Permit if it finds that the proposed Commercial Wind Facility complies with the criteria of this Section 9 and other applicable provisions of the Zoning Bylaw.
9.4.2 Compliance with Laws. The construction and operation of all Commercial Wind facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation requirements. The issuance of a special permit shall not limit the Town’s ability to enforce or seek enforcement of other legal requirements applicable to the Commercial Wind Facility.
9.4.3 Liability Insurance. Prior to commencement of construction, the CWF Owner shall provide evidence to the Board of Selectmen of adequate liability insurance against loss or damage to persons, including personal injury or death, and structures occasioned by failure of the facility.
9.4.4 Accessory Uses. Telecommunications antennas may be sited on Commercial Wind Facilities, subject to applicable regulations governing such uses and to the following.
(a) All ground-mounted equipment shall be located in a shelter, within the Commercial Wind Facility or otherwise screened from view.
(b) Antennas shall be flush-mounted to be in keeping with the design of the Commercial Wind Facility;
(c) All associate cabling shall be contained within the tower structure or enclosed within a conduit finished to match the turbine.
9.5 General Siting Standards
9.5.1 Height. The height of a Commercial Wind Facility shall not exceed 425 feet, with a minimum blade clearance from the ground immediate below of 100 feet.
9.5.2 Setbacks. Each wind turbine in the Commercial Wind Facility shall be located at a distance of at least 1.0 times the height of the tower from any adjacent property boundary and at a distance of at least 1.5 times the height of the facility from any structure/building occupied by humans on adjacent properties which have received a building permit or certificate of occupancy from the Town at the time of the application for a special permit.
9.6 Design Standards.
9.6.1 Color. All facility devices/components (tower, hub and blades) shall be designed to blend into the structure and/or the landscape to the extent reasonably practicable, such as by including the use of non-reflective and less obtrusive colored (e.g. ‘putty’) exterior paints.
9.6.2 Lighting. Lighting of the exterior of the wind facility shall be prohibited, except for the minimum extent necessary lighting or marking requirements of the Federal Aviation Administration. Supplemental lighting of safety or information signs as determined necessary by the SPGA. Lighting shall be designed to minimize glare on abutting properties and except as required by the FAA be directed downward with full cut-off fixtures to reduce light pollution.
9.6.3 Signage. The Commercial Wind Facility shall have signs on or near each wind turbine identifying the CWF Owner and providing a 24-hour emergency contact phone number. The Commercial Wind Facility shall also have signs on or near each wind turbine and at the beginning of the on-site access road to minimize trespassing and to warn of any dangers at the Commercial Wind Facility. The Commercial Wind Facility may also have educational signs providing information about the facility and the benefits of renewable energy. All signs shall comply with the requirements of the Zoning Bylaw.
9.6.4 Advertising. The Commercial Wind Facility shall not display any advertising except for reasonable identification of the manufacturer of the wind turbine and of the owner and operator of the facility.
9.6.5. Appurtenant Structures. All appurtenant structures, including but not limited to equipment shelters, storage facilities, transformers and substations, shall be architecturally compatible with each other and shall be contained within the wind turbine tower to the extent technically and economically feasible. Structures shall only be used for housing of equipment for the Site.
9.7 Safety, Aesthetic and Environmental Standards.
9.7.1 Emergency Services. The applicant shall provide a copy of project plans to local emergency services, as designated by the SPGA. Upon request, the applicant shall provide safety training courses to local emergency services and shall cooperate with local emergency services in developing an emergency response plan.
9.7.2 Shadow/Flicker. A Commercial Wind Facility shall be sited in a manner that minimizes shadowing or flicker impacts which occur when the sun's rays on nearby receptors (usually homes and businesses) are temporarily blocked by the passing of a rotating wind turbine blade. The applicant has the burden of proving that shadowing or flicker does not have significant adverse impact on neighboring or adjacent uses.
9.7.3 Noise. The Commercial Wind Facility noise shall conform to the regulations of the Department of Environmental Protection’s Division of Air Quality Noise Regulations (310 CMR 7.10).
9.7.4 Land Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the Commercial Wind Facility and shall otherwise be in compliance with all applicable local, state and federal requirements.
9.7.5 Safety Features. The Commercial Wind facility shall be designed to prevent unauthorized access (such as by construction of a fenced enclosure or locked access). The SPGA may impose such safety-related conditions, including buy not limited to fences, gates and warning signs as it reasonably finds necessary to protect public health and safety.
9.8 Maintenance.
9.8.1 Access Road. The CWF Owner shall, at all times, maintain the Access Road to a level reasonably acceptable to the local emergency services.
9.8.2 Site Maintenance. The CWF Owner shall maintain the access road (unless accepted as a public way), the Site, and the Commercial Wind Facility in good condition.
9.8.3 Repair of Public Ways. The CWF Owner shall be responsible for the cost of repairing any damage to a public way (including the Access Road if accepted as a public way) restoration of any damage caused by use of the public way in connection with the construction, operation or maintenance of the Commercial Wind Facility. A qualified third party engineer, mutually acceptable to the Town and the applicant, and paid for by the applicant, shall prior to construction (but no longer than a period of 30 days) document road conditions over roads expected to be used in the construction of the Commercial Wind Facility. The engineer shall document road consitions over affectd roads thirty days after completion of construction, or reasonably thereafter as weather permits. Necessary road repairs shall be approved by the Town Highway Department and the Board of Selectmen. The cost of any road repairs as a result of the construction of the Commercial Wind Facility shall be borne by the CWF Owner.
9.9 Abandonment or Decommissioning.
9.9.1 Removal Requirements. Any Commercial Wind Facility which has reached the end of its useful life shall be Decommissioned. When the Commercial Wind Facility is scheduled to be Decommissioned, the CWF Owner shall notify the Town of the proposed date of discontinued operations and plans for Decommissioning. The CWF Owner shall provide for the physical removal of the wind turbines within 150 days after the date of discontinued operations and shall diligently pursue all other Decommissioning activities.
9.9.2 Abandonment. Absent notice of a proposed date of Decommissioning, the Commercial Wind Facility shall be considered abandoned when it fails to operate, except for repair, refurbishment or upgrading, for a consecutive period of one year, unless with the expressed written consent of the SPGA. The SPGA shall determine in its decision what proportion of the facility is inoperable for the facility to be considered abandoned. If the CWF Owner applicant fails to Decommission Commercial Wind Facility in accordance with the requirements of section 9.9.1 within 150 days of abandonment or the proposed date of decommissioning, the Town, by direction of the Selectmen, shall have the authority to enter the property and physically remove the facility in accordance with this section.
9.9.3 Surety
9.9.3.1. Prior to commencing construction, the CWF Owner shall post an ongoing financial surety to cover the cost of Decommissioning in the event the Town must decommission the Commercial Wind Facility in compliance with the requirements set forth herein. Costs may include necessary legal, engineering, permitting, procurement, and construction and demolition expenses.
9.9.3.2. The surety shall be in a form (such as escrow account, bond, or otherwise) and an amount (not exceeding 125 percent of the cost of removal and compliance with the additional requirements set forth herein) reasonably satisfactory to the SPGA. The surety may be issued jointly by the CWF Owner to the Town, the Property Owner, and its lenders, and may be enforceable by each beneficiary in accordance with its terms.
9.9.3.3. A proposed form of surety which is limited in duration (e.g., to 1, 2, 5 years, etc.) shall be acceptable to the SPGA, subject to the condition that it is replaced by another acceptable form of surety prior to its expiration. Thus, an applicant may from time to time update with current estimates its costs of removal and other compliance and provide a new surety consistent with the updated estimates.
9.10 Term of Special Permit; Annual Meeting
9.10.1 Term of Special Permit. A Special Permit issued for a Commercial Wind Facility shall be valid for 25 years, unless extended or renewed. The time period may be extended or the permit renewed by the SPGA upon satisfactory operation of the facility. Request for renewal must be submitted at least 540 days prior to expiration of the special permit. Submitting a renewal request shall allow for continued operation of the facility until the SPGA acts. At the end of that period (including extensions and renewals), the wind facility shall be removed as required by this bylaw. The SPGA will reserve the right to waive sections of the wind turbine bylaw based upon historical data recorded over the prior years of operation.
9.10.2 Annual Meeting. An annual meeting shall be conducted (to be scheduled by the CWF Owner) between the CWF Owner and the town officials to discuss project related issues and concerns, including, but not limited to (i) recorded problems and incidents; (ii) resolution of problems and incidents; and (iii) report on equipment service plans.
9.10.3 Notice of Change in Ownership. Notice shall be provided to the Board of Selectmen of any change in the ownership of the Commercial Wind Facility.
9.11 Application Requirements and Process.
9.11.1 General. The application for special permit for a Commercial Wind Facility shall be filed by the applicant with the town clerk. The applicant shall provide 8 copies of the application. The application may redact any sensitive economic information concerning the facility.
9.11.2 Required Documents. The application shall include:
9.11.2.1 the name and contact information for the applicant;
9.11.2.2 a list of all project related consultants and technical specialists; and
9.11.2.3 documentation of the applicant’s legal right to use the Site for construction and operation of the Commercial Wind Facility.
9.11.3 Siting and Design Information. The application shall include the following material to describe the proposed Commercial Wind Facility:
9.11.3.1 Location Map. 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 the turbine sites, and the area within at least two miles from the proposed facility.
9.11.3.2 Site Plan. A plan of the facility site at a scale of 1" = 200 feet, with contour intervals no greater than 10 feet showing:
(a) Property lines for the Site and adjacent parcels within 300 feet;
(b) Outline of all existing buildings, including purpose (e.g. residence, garage, etc.) on the Site and all adjacent parcels within 500 feet and showing distance from the Commercial Wind Facility to each building shown;
(c) Location of all roads, public and private, on the Site and adjacent parcels, and proposed roads on the Site;
(d) Existing vegetation on the Site; and
(e) Proposed location and design of the Commercial Wind Facility, including all wind turbines, ground equipment, appurtenant structures, transmission infrastructure, access roads, fencing and lighting.
9.11.4. Visualizations. The Applicant shall provide visualizations from at least five sight lines selected to give representative views from principal locations in the Town and surrounding communities, for pre- and post-construction view representations of the Commercial Wind Facility. The view representations shall:
(a) be in color and shall include actual pre-construction photographs and accurate post-construction simulations of the height and breadth of the wind facility (e.g. superimpositions of the wind facility onto photographs of existing views).
(b) include existing, or proposed, buildings or tree coverage.
(c) be accompanied by a description of the technical procedures followed in producing the visualization (distances, angles, lens, etc).
9.11.5 Landscape Plan. The application shall include a plan indicating all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting other than FAA lights, screening vegetation or structures.
9.11.6 Traffic Plan. The application shall provide the applicants estimate of traffic impacts during the construction and operation of the Commercial Wind Facility, including:
(a) a map of roadways anticipated to be utilized for construction and delivery of all project components and materials;
(b) Provide information on delivery vehicle types available for delivery of wind turbine components;
(c) Report all locations on the delivery route where land alterations, notwithstanding ownership, are necessary;
(d) Report if there will be road closures and disruptions affecting provisions for emergency response; and
(e) Report on any necessary road improvements.
9.11.7. Town Consultants. The SPGA may retain technical experts and consultants as appropriate to verify information presented by the applicant. The applicant shall be responsible for the cost of such consultants.
APPENDIX A was a picture of the wind turbine which will not scan to become part of this document.
There is a Magic to this Place.
There is a magic to this place. Savoy, North Berkshire County, Massachusetts. I think most of us who live here sense this in our own different ways. It is Heaven on earth for me.
The Air, the Water, Trees, the Sunsets. The long, dry, warm summer Days, the Fall Carnival of leaves, and the morning sun gleaming upon the Snow. The indescribable magic holds on. Now, who would think that these qualities are not valuable? They are valuable to others looking for these same qualities that we enjoy.
We have adopted town laws that insure these qualities. These laws have directed the town growth in a positive direction for over thirty years. The magic has persisted. These qualities, under the guidance in place of our town codes, can answer many of our town’s financial problems. We only need turning our unique and increasingly scarce qualities to our advantage.
How does that happen? By encouraging wise business and up-scale residential developments that are compatible. These are the most healthy alternatives to intrusive and detrimental commercial industry such as a wind plant which will spell the end of the magic.
Do we choose to live in an industrial park or do we continue to live in the place of our original choice?
Preston McClanahan, Savoy taxpayer for 36 years, a resident and a member of the first town zoning board which brought the strongest town laws in Massachusetts before the town, are still in effect and exclude any detrimental commercial industry.
There is a magic to this place. Savoy, North Berkshire County, Massachusetts. I think most of us who live here sense this in our own different ways. It is Heaven on earth for me.
The Air, the Water, Trees, the Sunsets. The long, dry, warm summer Days, the Fall Carnival of leaves, and the morning sun gleaming upon the Snow. The indescribable magic holds on. Now, who would think that these qualities are not valuable? They are valuable to others looking for these same qualities that we enjoy.
We have adopted town laws that insure these qualities. These laws have directed the town growth in a positive direction for over thirty years. The magic has persisted. These qualities, under the guidance in place of our town codes, can answer many of our town’s financial problems. We only need turning our unique and increasingly scarce qualities to our advantage.
How does that happen? By encouraging wise business and up-scale residential developments that are compatible. These are the most healthy alternatives to intrusive and detrimental commercial industry such as a wind plant which will spell the end of the magic.
Do we choose to live in an industrial park or do we continue to live in the place of our original choice?
Preston McClanahan, Savoy taxpayer for 36 years, a resident and a member of the first town zoning board which brought the strongest town laws in Massachusetts before the town, are still in effect and exclude any detrimental commercial industry.
There is no gain from the wind.
Wind energy delivers less than its costs to all: taxpayers, personal health, and the environment. It is not the magic bullet as advertised. These claims can be proven. The true facts are always hidden by the developers.
So where is the gain? The only real gain is to the brokers, developers, financial backers and the land lessors who will profit heavily.
Slowly, the world is becoming aware that wind energy is a swindle. Those for wind will soon be seen as blowing smoke.
In Towns which have good zoning laws, which do not allow commercial-industrial development, as does Savoy, Planning Boards should uphold the existing laws rather than ushering in commercial wind plants (these are not farms) through revised bylaws. Preston McClanahan Savoy Resident
Wind energy delivers less than its costs to all: taxpayers, personal health, and the environment. It is not the magic bullet as advertised. These claims can be proven. The true facts are always hidden by the developers.
So where is the gain? The only real gain is to the brokers, developers, financial backers and the land lessors who will profit heavily.
Slowly, the world is becoming aware that wind energy is a swindle. Those for wind will soon be seen as blowing smoke.
In Towns which have good zoning laws, which do not allow commercial-industrial development, as does Savoy, Planning Boards should uphold the existing laws rather than ushering in commercial wind plants (these are not farms) through revised bylaws. Preston McClanahan Savoy Resident
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