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HomeMy WebLinkAbout056-81~= ~ ~~ ~/ The next matter to come bef ore the Board was the application of NANTUCKET FTINDPOWER COMPANY (056-81). Attorney John Farrell presented an application for a Special Permit to erect three wind- mills on the Town Landfill site on Madaket Road. They would be 82' high with 22' radius vanes. The nouse would be a mere 60 decibels. He urged swift action as the venture needed construction before December 1st to insure tax credits. The Selectmen had the matter under consideration. Clint Andrews spoke as a neighbor to say he was in f avor of windmills, but was concerned about :security. At the conclusion of this meeting, this hearing was continued to December 7_ls~t, at which time the Board voted to grant the Special Permit by a vote of 3-0, subject to conditions set forth in the decision. The final matter to come before the Board wa.s the application of JOAN BOLL,ING (055-81). This application was withdrawn at the request of the Applicant as the Building Inspector had a change of heart and agreed to the construction as requested. There being no further business to come before the Board, it was voted to ADJC~[JRN. ~ec ewea Respectfully submitted, Robert F. Mooney, Chairma BOARD C~' APPFPLS Nantucket, Massachusetts ~ ~~~ -- ~j i At a meeting of the BOARD C&' APPEALS held on Monday, Dec~nbPr 21, 1981, at 2:30 p.m., in the Tawn and County Building, in the matter of the application of NANIUCKF,T WINDPC~~'R COMPANY (05F-81) , after due deliberation, the Board Found: ~~~~ a Board of Selectmen. 1. This is an application for a Special Permit under Section 6F of the Nantucket Zoning By-Laws to allow construction and maintenance ': of three windmills by NANiCTCKET WIDTDPC~?ER CO. on property owned by the Town aril on which the Town maintains a sanitary landfill. Them is also maintained on the property, by Nantucket Cablevision Corp.,) through a lease with the Town, a 452' toN~er for television recep- tion. The Applicant sutmitted a copy of the Manorandum of Under- startli.ng between the Town and the Applicant. The Applicant intends to co¢zstruct 3self-supporting towers without guy-wires; each tawer~ to be 82' high. The 3 wirtl machines will have rotor blades of 44' in diameter. The Applicant also submitted an engineering report I of a Preliminary Noise Impact Study indicating the windfarm operation would ~oduce noise levels ~~ithin acceptable limits. 2. We firr3 this proposed site to be satisfactory for this type of operation because of its isolated aril sparsely populated location, ~ subject to the supervision acid control of Town authorities. ~ Based upon the engineering study surmitted, we find that this use I , will not be a ;' nuisance to the catmunity or to the neighborhood through noise, vibration, concussion, odors, fumes, smoke, gases, or other objectionable features detrimental to the carmunity or neighborhood health, safety, convenience, morals, or welfare. ~ 3. For the reasons set forth, the application for a Special Permit is granted +,._o permit the construction and maintenance of 3 windmill oar 2 parcels of land being shown on Lar~cl C'.ourt Plan No. 4837-A in Plan Book 16, Page 22, at the Nantucket Registry of Deeds, subject to the terms of any future agreement made with the Town of ~ Nantucket and to the continuinct supervision and control of the a.~vQc~ \ ~11~' lq~l ~: ~~ ~w~ E'er" BOARD OF APPRAT~ t~i ~7w%7ll,~t, I I i ;~~ i i NOTICE A A Public Hearing of the BOARD OF APPEALS will be held FRIDAY, DECEMBER 18, 1981, at 3:00 P.M., in the TOWN and COUNTY BUILDING, FEDERAL and BROAD STREETS, NANTUCKET, on the application of N.~r1TLTCRE"' t^'INDPnH7RR COMPANY seeking relief from SECTION 6F of the Zoning By-Law in order to permit the construction of three windmills on the unusable portion of the sanitary landfill. Property is the Town Sanitary Landfill and is shown as Lots 1 and 14 on Assessor's Map 58, 39. Property is zoned LIMITED USE GENERAL. ~. ~~. _~ ~~ ~~ Board of Appeals Robert F. Mooney, Chairman r A.B-1 FEE (~~ Case No. APPLICATION TO THE BOARD OF APPEALS To the Members of the Board of Appeals: Nantucket The undersigned hereby applies for relief from the terms of the (ZONING BY-LAW) (BUILDING CODE) on property described below: Location of Property Town Sanitarv Landf; ~ 1 Lot No. 1 & 14 Assessor's Mapes No. 58 39 District is Zoned for LUG 2 3 Commercial Type of structure (Existing or Proposed) or proposed use: Wind i ~ s Owner's 1~?ame TOWN OF NANTUCKET Owner's Address When did you acquire this property?. Permission Granted 11/23/81 Has application been filed at Building Department? No Has any previous appeal been made? No Section of By-law or Code from which relief is requested: Special perm' authorized under Section 6F (4) Reason for asking relief: to permit con ~-r„^~-~ nn of t-hraa ~.~i nrlmi 1 ~ c NANTUCKET WINDPOWER COMPANY Signature of applicant < ~~, C;2 ~2, President ATTACH: (1) A list of the names and addresses of each abutting owner and 1) owner abutting the abutters. ~~~ ~ `~~~` (2) Check in the amount of X54. OO~made payable to the Town of Nantucket. - ~~~~_ 3) Map or plan showi.~g the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make ;this application. BOARD'S DECISION .Application submitted to Board Advertising dates ~ Hearing date ( _ Decision of Board _' Decision filed with the Town C~erky L i~} ?~r~r!~i~iC~r~:r~~i~ i :, t ; ~ ; ,, ~ 1,, n;: I ~ , ~ ,,F i iii ~ ~ t i t i c)n <,f Nantucket Windpower Company Cliff Road, Nantucket, Mass.. '"i`i' Town Sanitary Landfill Open Land Fund, Inc. P.O. Box 6 Nantucket, Ma. 02554 Linda Loring Long Pond Nantucket, Ma. 02554 J. Clinton and Edith F. Andrews Quaise Nantucket, Ma. 02554 Nantucket Conservation Foundation 118 Cliff Road Nantucket, Ma. 02554 Joseph R. Burgess New Mill Street Nantucket, Ma. 02554 Frank & Clara B. Low 33 Joan Street Chappaqua, N.Y. 10514 Larry & Anna B. Nathanson 88 Pine Ridge Road Waban, Ma. 02168 Town of Nantucket Town and County Building Nantucket, Ma. 02554 I I i ,~'jl~'1 I i j I ~ ~'~~ F;~,i ~:c)il:~ sfl~' Jil"f' O4I!lC'Y:~ C>t L~11C~ l i I .. f i '-~'I~ t \ ~lll'1 ~ ~A~~IIC'1 :~ C'f I ~~IICi ;~ 1TE'C't- ) V t)~pC~SI_~_.C t_~IG f 'll ill l~ Y~('~'t r~l '..^!~~~'~ ~ cltl~l ~lJl~~'i `' ~l~ ~t1t1Ci `;;1 t}ll fl ?(~C) ~~:E~ ~~ I~~~ ~ ~ ~r + ~ ~l 1 :: f ! ~ ,~i~i>~,)r „i, Cllr' m~,s;1 Yscent- aE)plic~~r)le li ' 'I'~:'>~an ~~f P~~_irl! n~-ket t RESOLUTION That the Board of Selectmen offer to begin negotiating a ten year-lease or license for use of land located at the Madaket Sanitary Landfill with the Nantucket Electric Company for the purpose of constructing, operating and maintaining wind generators with the following conditions: 1. Type and number of machines: That up to three (3) Enertech 44 machines be installed with a tower height not to exceed eighty two and one half { 82. 5) feet; towers no to include guy wires except by special approval of the Selectmen. A complete set of plans and specifications for the fac- ilities showing the construction, installation and location of all power lines, access roads, pads and footings, towers, generators and blades shall be sub- mitted to the Town for review and approval prior to execution of the lease. 2. Location: That the Selectmen have the power to review and approve final ~ siting of the wind generators and power lines in consultation with the DPW superintendent and landfill consultant. Said siting shall not interfere with the land's principal use as a sanitary landfill now or within the anticipated life of the facilities. 3. Cease of Operation and Removal for Cause: That the Selectmen may, at their sole discretion and in their sole judgement, require the facilities to cease operating immediately and may require the facilities, including all appurtenances thereto, to be removed from the site within ninety (90) days of notice to the leasee for cause, including but not limited to the following: a. Measurable interference with cable television and/or telephone service. b. Threats to public health or safety. c. Interference with the operation of the sanitary landfill as those operations exist now or as they may be proposed to exist in the future. d. Abandonment of use, said abandonment defined as being the shut- down or non-function of any machine for more than thirty (30) days for verif- iable mechanical reasons; or the shutdown or non-function of any machine for more than twenty-four accumulated ,hours in a seven day week for reasons not attributable to verifiable mechanical reasons. (other than non-function due to no wind. ) 4. Payments: That the leasee pay the Town an amount equal to three (3) percent per year of the gross income paid for the power produced by the machines; said payments to be made quarterly, due within thirty (30} days of the end of each quarter. 5. Disclosure of Data: That the leasee disclose and provide the Town with all data and information associated with the operation of the facilities, including but not limited to power output, wind speed, breakdown, service and maintenance requirements and generral performance of the facilities. Such data shall be tabulated monthly from daily statistics for each machine and delivered to the Town on a quarterly basis to accompany quarterly payments. .' 2 6. Insurance: That the leasee secure continuous liability insurance for the facilities, including coverage ,during installation, holding the Town as a third party insured, and` hvldiaig th 3 T©~rn."har~nless''fa,.~r liabilities associated _ with -the installation, ~i~su+chou~ita ~~ra°'~n~ ire ~ ' ~ t3~tred _~ < "the Selectmen. ~:-; ,~. _ ~:~ 7. Rights to Sub-Contract/ljisclosure of Interparty Agreements: The leasee shall have the right to enter into~su orbc tract agreements for the in- stallation, ownership, operation and maintenance of the facilities provided said agreements are reviewed and approved by the Selectmen in order to assure compliance with the lease or license. 8. Sale: That the 'T'own be given the option to buy and/or the- right of first refusal for the fac~ities`b~-` he owner of the: facilities at a cost not to exceed twenty (20) percent of;the origi.~si purchase and installation price prior to the intended sale to the ;Electric Company. That the owners of the facilities agree to seli''the facilities including ail appurtenances thereto, to the Nantucket Electric Con~any after 5 years'at s. cost not td exceed=twenty (20) percent of the original purchase and itstal~at price. That the beasee provide the Select- men with proof that the Nantucket E~.~ectric Company agrees to exercise its right to purchase in this manner. 9. Taxes: The facilities, including all appurtenances thereto, shall be subject to the personal property tax and any other taxes or fees applicable under law. 10. Approvals: That the lease be made conditional upon the leasee securing the following approvals prior to installation of the facilities: - Special Permit from the Board of Appeals - Certificate of Appropriateness from the HDC - Order of Conditions from the Conservation Commission - Building Permit from the Building Inspector - Favorable recommendation from the Selectmen's Committee on Windmills In addition, the facilities shall operate in compliance with all Mass. Department of Public Safety and Mass. Department of Public Utilities regulations and requirements. ll. Renewal: That parties or their successors may, by mutual agreement, renew the lease at the end of 10 years with such conditions as may then be agreed to by the parties. 12. Nothing herein shall be construed to obligate the Selectmen to execute such a lease should negotiations break down. Adopted by a unanimous vote of the Board of Selectmen at a meeting held November 23, 1981. ,,~,~ Date: ~'~/ Kenneth W. Holdgate, r. Chairman, Nantucket Board of Selectmen