SHELBURNE ZONING BOARD OF APPEALS HEARING

THURSDAY MAY 24th 8:00 p.m. Buckland-Shelburne Elementary School

THE NEW INDUSTRAL WIND APPLICATION FOR SHELBURNE

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The new permit applicaton submitted by Don Field
This permit was submitted to the Zoning Board of Appeals one day before the Shelburne Planning Board decided to bring a wind moratorium before the town for a vote.
1specialpermit.pdf
Adobe Acrobat document [4.0 MB]
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Aerial view of the proposal, showing the areas affected by the plan
An estimated 1920 Shelburne and Buckland citizens live within a two (2) mile minimum setback zone where audible noise and infrasound from
the turbines will have negative health impacts
Massaemet_w_MileRadius_updated-2012-04-1[...]
Adobe Acrobat document [3.4 MB]

ZBA TOOL KIT

 

Any one can attend, testify in person, and/or testify in writing during the Shelburne ZBA hearing regarding the industrial wind application

 

The Zoning Board will spell out the rules of the hearing at the begining.

 

If you speak,  identify yourself, ask that your comments be entered into the public record.

 

Bring a written statement also. It should also say “please enter my comments into the public record” . Provide six copies for the Board and one copy for the wind opponents’ legal team. All comments will become a part of the public record.

 

The ZBA will accept written comments for a specified period of time. They will announce that at the hearing.

 

Please use the sections of the Shelburne Zoning Bylaws to make your commnets, and refer directly to the bylaw by section and the actual language. This speciific language is what the Zoning Board must use to evaluate an application.

                              

                              The address for  written comments

                                   Shelburne Zoning Board of Appeals

                                   Shelburne Town Hall

                                    51 Bridge St.

                                    Shelburne Falls, MA 01370



 



Shelburne ZBA Rules and Regulations (edited)

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Shelburne Zoning Bylaws-Edited
Shelburne Zoning Bylaws.doc
Microsoft Word document [29.0 KB]

From the Town of Shelburne Ma --Zoning Board Regulations

 

Section 6: Hearing Procedure

The Clerk will circulate a signup sheet to record the names of those attending the hearing. The Chairperson shall open the hearing, review the Board’s procedures, and open the evidentiary part of the hearing. The Chairperson will announce that anyone (including Board members) is required to notify the meeting that the meeting content is being recorded prior to initiating such recording.

Members of the Board hearing the case may direct appropriate questions at any time during the hearings. All parties, when they initially speak at a hearing, shall introduce themselves with their full name and their relationship to the hearing (e.g.: abutter, resident, etc.). All hearings proceed in the following order, with the Chairperson moderating all portions of the hearing:

A. The Chair will introduce the members of the Board; then the Applicant will introduce

members of his/her presentation team.

B. Applicant’s presentation.

C. Clerk’s report, for the record, of all submitted materials and site visit observations, if

applicable.

D. Comments from abutters, then the public, then questions by those seeking information.

E. Applicant’s response(s).

F. Final comments and questions from the public, applicant, and Board, in that order.

G. Close of evidentiary part of the hearing or, if necessary, continuation of the hearing to a date and time certain. Such a continuation may require a written agreement between the applicant and the Board. See Attachment 4: Statutory Time Line Extension.



Other Documents Related to the Permit Application

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Special permit application instructions
"Include appropriate documentation: plot plan, survey, architectural drawings, etc." Please note that these are missing.
Tool kit-blank permit application.doc
Microsoft Word document [38.5 KB]
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List of Possible Requirements to be Included with the Wind Application
A similar list was submitted the the Zoning and Planning Boards as part of the public comments on the first wind proposal.
Required studies for the Mt M updated.do[...]
Microsoft Word document [24.5 KB]
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TOWN OF SHELBURNE OPEN SPACE AND RECREATION PLAN 2004
Forests constitute one of the most important natural resources in the Town of Shelburne and the region.
shelburne open space 2004-website doc.do[...]
Microsoft Word document [30.0 KB]

The northwestern forest block contains a very large Core Habitat area along High Ledges and Massamett Mountain as well as a small Core Habitat area along the southwestern slope of Massamett Mountain. Supporting Natural Landscapes stretch into the town of Colrain towards Catamount State Forest to the north as well as south to the Deerfield River, southeast of Shelburne Falls.



RECENT NEWS OF THE SHELBURNE WIND PROPOSAL

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Shelburne panel to proceed with windfarm meeting May 24
— Despite the Planning Board’s rejection of a subdivision application for a commercial wind turbine project, the Zoning Board of Appeals will go forward with a scheduled public hearing
wind recorder 5-11-12.doc
Microsoft Word document [26.5 KB]
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Shelburne Planning Board rejects subdivision Puts windfarm under commercial ban
The Planning Board Wednesday night rejected a subdivision application for the Mount Massaemet Windfarm — an action that could keep the four-turbine electricity generating facility from going forward
wind recorder 5-10-12.doc
Microsoft Word document [32.5 KB]
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Subdivision keeps windfarm plan alive
The wind farm proponents pulled a pre-emptive legal maneuver Monday, when they filed subdivision plans for the land where the four 328-foot tall windmills would be located.
Recorder 5-3-12.doc
Microsoft Word document [79.5 KB]

Residents voted down the idea of using paper ballots, and a
two-thirds vote was required for each proposed bylaw change.


They voted 229-46 in favor of an article allowing small wind
turbines for “on-premises use” and voted 196-57 in favor of a definition for
small turbines for home, farm or business use. The vote on excluding commercial
wind turbines passed by 195-57.

Everyone voted in favor of the moratorium, which was adopted
after midnight.



 

Michael Parry said it’s too early to know what the next
steps will be. “We’re certainly happy that the town sent a clear message about
(commercial) wind,” he said. “Mr. Field has said repeatedly he wanted to know
what the town thinks. The message couldn’t have been any clearer.”


Shelburne Wind Developer Returns Before the Town Votes on a Ban or Moratorium

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Smaller Shelburne wind farm plan submitted -Recorder 4-6-12
— A smaller Mount Massaemet Windfarm proposal has been submitted to the town — ahead of a proposed windmill moratorium sought by the Planning Board. The Planning Board wants residents to approve a
wind shelburne recorder April 6, 2012.do[...]
Microsoft Word document [31.0 KB]

Later in the evening, when asked if he is going
to resubmit a new proposal for a wind facility, Field said he would wait for
the bylaw process to go forward. (Greenfield Recorder, March 22, 2012)




News about the Shelburne Bylaw Changes

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Re-submitted wind farm presents dilemma Recorder 4-9-12
SHELBURNE FALLS — Last week’s unexpected special permit application for a wind farm has left town officials in a quandary over whether a new, four-turbine facility proposed for Mount Massaemet cou
wind recorder 4-9-12.doc
Microsoft Word document [28.0 KB]
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Explaining their support of a ban Recorder 4-10-12
SHELBURNE FALLS — A day before a public hearing on a bylaw proposal that would ban commercial wind farms in Shelburne, a dozen supporters of that proposal gathered on the Buckland side of the Bridge
wind recorder 4-10-12.doc
Microsoft Word document [90.5 KB]
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Shelburne puts wind farm ban, moratorium back-to-back on meeting agenda Recorder 4-11-12
SHELBURNE — Selectmen have placed on the annual town meeting agenda the Planning Board’s call for a year-long moratorium on all windmills, while the planners develop a zoning bylaw for siting wind
wind recorder 4-11-12.doc
Microsoft Word document [27.5 KB]
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Proponents make case for wind ban Recorder 4-12-12
SHELBURNE — A lawyer for Shelburne residents who want to ban commercial windmills says their proposal could be viewed as a way to block a Mount Massaemet wind farm plan while the town considers less
wind recorder 4-12-12.doc
Microsoft Word document [35.5 KB]

Wind and Solar Moratoriums and Bylaw Changes Schedule

 

All Petitions are on the Town’s page on this website

 

Heath-

 

 Saturday May 12th Annual Town Meeting-Vote on the Solar and Wind Moratorium

 

Shelburne Zoning Bylaw Changes Would Not Allow Large Scale WInd

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New Mt. Massaemet wind proposal on hold - March 22, 2012
SHELBURNE — A day after the town received residents’ petition to ban commercial-scale wind turbine facilities, the Planning Board learned of a new wind farm proposal from Frederick Field, who had
wind recorder shelburne 3-22-12.doc
Microsoft Word document [35.0 KB]

The Planning Board briefly discussed the petition for a commercial wind facility
ban, and hope to open the required public hearing about it sometime between
April 10 and April 12. The petition asks the town to
modify the zoning bylaw to specify that on-premise, residential wind turbines
are allowed by special permit, but that commercial wind turbines are excluded
from the permissible types of electricity generating facilities allowable within
the bylaw.

Marchese said the petition was signed by 49 registered voters
and the articles they requested will appear on this year’s annual town meeting
warrant.

Raymond S. Hartman, PhD Sheds Light on the DEP-DPH Study.

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Comments to the Massachusetts Department of Environmental Protection (DEP)
"Junk science is faulty scientific data and analysis used
to advance special interests and hidden agendas.” Read what operating large wind turbines means for Shelburne and Buckland.
Ray Hartman 2-14-12.pdf
Adobe Acrobat document [233.9 KB]

Review of Dr. Ben Luce at Memorial Hall February 11, 2012

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Dr. Ben Luce on Wind and Solar -Shelburne Falls Lecture Series February 11, 2012
Large-scale wind development in New England may not a promising option for our future energy needs in this region.
ben luce edited by ben luce.doc
Microsoft Word document [43.0 KB]

Massachusetts Senators Call for Extension of Subsidies for Wind Energy

Massachusetts Senators want to extend the federal subsidies to give tax dollars to wind in the name of job creation, but the number of jobs created is in serious doubt. We know that putting money behind conservation and public transportation creates jobs and helps the environment. Please let our Senators know what we think about subsidizing industrial wind. Call them at :

 

Scott Brown 202-224-4543

                    617-565-3170

 

John Kerry 202-224-2742

                617-565-8519

 

You may also contact our Senators by going to their websites and writing your comments to them.

 

Please see the articles below.

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Kerry, Brown call for extension of wind energy tax credits
Boston Globe February 24, 2012-A dozen US Senators, including John Kerry and Scott Brown, are urging government officials to reauthorize a production tax credit for wind energy projects that is set to
wind globe PTC 2-24-12.doc
Microsoft Word document [26.0 KB]
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Cost of $10 Billion Stimulus Easier to Tally Than New Jobs .
Wall Street Journal February 24, 2012-
Alfredo Garcia, of Webb County, Texas, hoped a nearby wind turbine project would boost business at his Mexican restaurant, which later filed for bankruptcy prot
Cost of $10 Billion Stimulus Easier to T[...]
Microsoft Word document [42.5 KB]

NEWS ABOUT TURBINE HEALTH EFFECTS

DEP and DPH release their wind health effects findings

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Planning boards face strong opinions on wind power issue Greenfield Recorder January 20, 2012
A new preliminary state study that says that wind turbines do not pose serious health risks drew criticism from wind farm opponents — and may not be helpful to local planning boards.
Recorder 1-20-12.doc
Microsoft Word document [30.0 KB]
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Report: Wind turbines don’t cause health problems
Boston Globe January 18. 2012
Boston Globe--Wind 1-18-12.docx
Microsoft Word document [16.1 KB]
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State: No serious risks from turbines
Greenfield Recorder January 18, 2012
Greenfield Recorder 1-18-12.doc
Microsoft Word document [32.0 KB]
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WindWise Massachusetts Responds to the State's Findings on Turbine Health Effects January 18, 2012
Brimfield, MA -- Windwise ~ Massachusetts calls for an immediate epidemiological study on the effects of living near wind turbines, charging that DEP and DPH have failed the people of Massachusetts.
2012-01-17 WWMA press release(3).doc
Microsoft Word document [37.5 KB]

New Study about the Health Affects from Wind Turbine Exposure

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People can experience the debilitating health affects reported by those living near wind turbines within a few minutes of being near them. Published December 14, 2011
The Bruce McPherson ILFN Study _ Rand Ac[...]
HTML document [59.9 KB]
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Public hears ill wind blows from turbines - Greenfield Recorder January 30, 2012
Saturday night, Hart Cool, her neighbor Neil Anderson, and Dr. Nina Pierpont, who studied the effects of “wind turbine syndrome” on Hart Cool, Anderson and several other Falmouth residents living
Wind Recorder 1-30-12 forum-pierpont.doc
Microsoft Word document [30.5 KB]
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Residents respond - Shelburne Falls Independent January 25, 2012
. “The state’s health study is going to face a lot of scrutiny, as it should,” said Lamia Holland of Shelburne Falls on the Buckland side of the Deerfield River.
SFI January 25, 2012.doc
Microsoft Word document [36.0 KB]
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Mass. wind turbine health study debated at hearing -Greenfield Recorder February 15, 2012
AP-BOSTON — Neil Anderson says the headaches, dizziness and palpitations began shortly after Wind One, a 400-foot high wind turbine, began operating about a quarter mile from his Falmouth home.
Recorder 2-15-12.doc
Microsoft Word document [27.0 KB]
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Property Values and Noise - Greenfield Recorder March 1, 2012
— Do large-scale wind turbine facilities decrease property values for nearby homes? Are they noisy for those in closest proximity?
wind recorder 3-1-12.doc
Microsoft Word document [30.0 KB]

WIND BYLAW NEWS FOR WEST COUNTY

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Shelburne to Work on Wind Power Regulations-Greenfield Recorder 11-19-11
SHELBURNE FALLS — Now that plans for a commercial wind farm for Mount Massaemet have been taken off the table, what’s next for Shelburne and for Mount Massaemet Windfarm Inc.?
Recorder 11-19-11.doc
Microsoft Word document [33.5 KB]
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Shelburne wants a wind farm bylaw - Greenfield Recorder January 13, 2012
Does Shelburne need a wind turbine bylaw? If so, can the Planning Board prepare one in time for annual town meeting voters in May? Or should the town adopt a moratorium on any wind-turbine proposals,
Recorder 1-13-12.doc
Microsoft Word document [34.0 KB]
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Put brakes on wind power? - Greenfield Recorder January 28, 2012
Two Franklin County hilltowns are considering moratoriums on windmill proposals to buy time to adopt specific bylaws governing them.
wind Recorder 1-28-12.doc
Microsoft Word document [32.0 KB]
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Shelburne boards look at improving communication - Greenfield Recorder February 1, 2012
SHELBURNE — A proposal for a commercial wind turbine power facility on Mount Massaemet — which was presented to the Zoning Board of Appeals in September, then withdrawn by the applicant in Novembe
Wind Shelburne boards 12-1-12 Recorder.d[...]
Microsoft Word document [29.0 KB]
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Turbine bylaws in question - Greenfield Recorder February 2, 2012
As Heath and Shelburne consider moratoriums on wind turbine proposals — to give their planning boards time to develop wind turbine regulations — some in Shelburne wonder whether they need a wind t
wind recorder 2-2-12.doc
Microsoft Word document [30.0 KB]

Environmental group in Vermont appealing OK on turbines

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Environmental group appealing OK on turbines Recorder February 28, 2012
SEARSBURG, Vt. — An environmental group is appealing a decision by the U.S. Forest Service that would allow the construction of 15 wind turbines in the southern Vermont towns of Searsburg and Readsb
wind recorder VT 2-28-12.doc
Microsoft Word document [27.0 KB]
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Why the Wind Energy is Full of Hot Air--From Fox News Dec 20, 2011
We will update you when there is action to take concerning the subsidies. For the latest, please visit green berkshires or windwisema.org/
Why the Wind Industry Is Full of Hot Air[...]
Microsoft Word document [38.0 KB]

Do you want this near you or your neighbors?

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