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DEC
MEETING & PUBLIC HEARING MINUTES |
Devens Enterprise
Commission
Public Hearing &
DEC Meeting
Minutes
Members: William Castro, Dix Davis, James
DeZutter, Melissa Fetterhoff, William Marshall, John Oelfke,
Marty
Poutry, Eric Stoltzfus, Victor Normand, Russ Smith,
Staff: Peter
Lowitt, Neil Angus, Mary Quinn, Attorney E. Netter
Absent: Armen Demerjian, Paul Routhier
Subj: Public Hearing & DEC
Meeting Request for Reconsideration
William Marshall called the meeting
to order at
M/S/V Appoint Alternate Russ Smith, Ayer Alternate,
as voting member for this meeting.
Approved unanimously.
M/S/V J. Oelfke Approved minutes of
Chairman, Mr. Marshall opened the
public hearing and read the public notice.
Mr. Marshall reviewed the process of
the hearing. Turned over hearing to Mr.
Lowitt.
Mr. Lowitt entered into the record an
exhibit book entitled; Reconsideration of DEC
Ms. Netter, Attorney for DEC
summarized the Request for Reconsideration received from the Town of
Mr. Lowitt read Memo dated
Proponent Ruth Silman of
As the appointed Town Designee of
Harvard M. Silman was asked to submit the reconsideration. Request the DEC reconsider its
Request for fairness, and ensure all
viewpoints are heard and considered thoroughly and fairly, to submit
information, and hold a hearing and let the people speak.
Second issue the LTMP extends the
waiver granted in the original ROD, and the DEC acted outside the scope of its
authority.
Comments Commissioners:
J. DeZutter does the protocol need one more shot data
sets Town request more data is needed Protocol and Resolution
Comments Public:
R. Ricci BOS Harvard, requesting DEC
approved this reconsideration.
R. Silman protocol, DEC exceeded
its authority in granting waiver.
Tom Harvard
J. Wallace, co-owner of Dunroven Farm
- Power Point presentation noise and vibration is a hazard to the public
health and welfare of the residents - request reconsideration. Feels DEC granted a waiver of vibration
regulations by adopting LTMP.
L. McGovern Dunroven Farm
business and health has suffered - request reconsideration.
Mr. Perry health issues of family
& workers - request reconsideration
DEC Noise consultant D. Sheadel of
Modeling Specialties There is data
from mid June 2009 to Jan. 2010, data from R1, R5 and R7 Data indicates sound
is relatively stable, there is sufficient data, not formulas, on which to base
the LTMP.
DEC Noise consultant Tech
Environment, Mike Lannan Reviewed the noise documents and the DEC noise
regulation. Found that the DEC noise regulations
are more stringent than DEP requirement.
Finds that the data is adequate.
Comments
Jen Holden,
Deborah S. Hinchcliffe,
Janice Perry Health is compromised
Jim DeZutter Noise abatement
monitors located at R1, R5, R7 and have been there since early in the
enforcement process.
Edith Netter understanding protocol
Carol Stone, Acton Please listen to
these people who are ill due to the noise.
Ms. Burnhardt, Harvard Thinks DEC
should do a recreation of protocol
Don Cox, Harvard Protocol is not
providing protection
Woman daughter rides at farm this
is a safety issue
Ron Ricci, Harvard BOS What if
protocol is ok and noise continues what does the DEC do?
Ron Ricci, Harvard BOS Wants the
right protocol, reconsider the reconsideration
Lisa Perry, Harvard in harms way and
health at risk, DEC should protect us
Janice Perry in the back woods of
property still noise, asking for reconsideration
Jay Wallace protocol method of cals
they think cals are not accurate
Chairman William Marshall
reconsideration will take place, discuss and continue to
Discussion Should the DEC consider
or deny the reconsideration?
Mike Lannan, Tech Environment It is human reaction, once noise is high,
does not seem to go away. Protocol and
regulation should be reviewed, create noise goals and re-evaluation of protocol
Jay Wallace do no like the existing cals, wants some that
make more sense
Lisa McGovern rule on motion
Procedures & Recommended Votes:
(a)
Request
for Reconsideration must be received by the DEC within 30 days of DEC vote on
Protocol. [974 CMR 1.12(1)(b)]
M/S/V J. DeZutter & W. Castro The DEC approved the Protocol on
(b)
Harvard
must have standing (the right) to make the Request.
M/S/V J. DeZutter & M. Poutry The Regulations expressly state that a Town
(in this instance, the Town of
(c)
The
Regulations require the payment of a fee
[974 CMR 1.12(1)(b)(4)]:
Harvard submitted the
required fee of $1000 plus the cost of the required administrative notice
requirements but has submitted a
Fees for
Reconsideration (and all other matters involving public hearings) include
administrative fees (paying for legal notice), peer review fees (hiring
consultants and obtaining legal assistance) and staff time. The costs incurred by the Commission to
process this Request for Reconsideration are well over the $1000 fee. For the
prior Request for Reconsideration, which was brought by a private citizen, the
DEC denied a request to waiver fees. However, the DEC has routinely waived fees
for municipalities, except the costs of providing legal notice.
M/S/V J. DeZutter &
D. Davis The DEC has routinely waived
fees for municipalities, except the costs of providing legal notice. Fee to be returned to the Town of
M/S/V J. DeZutter &
E. Stoltzfus Continue reconsideration
request by Town of
Revisit the protocol:
Public Meeting will be on
- Consultants and
public will present factual information to the DEC office two (2) weeks prior to
Feb. 23,
2010 meeting.
- Information to be
received at the DEC Office on or before
comments, by
- When comments have
been approved they will be published and added to the Web Site.
- Mike El-Hillow of
Evergreen will be part of this process also.
The above process, revisiting the protocol, is subject to
the Town of
This Public Hearing will be continued until
Peter Lowitt requests a vote to recommend to the Building
Inspector that he extend the Temp Certificate of Occupancy for the Evergreen
Solar building.
M/S/V J. Oelfke & D. Davis
Approve Evergreen Solar extension
request for Temp Certificate of Occupancy until
Meeting adjourned at
=======================================================
Devens Enterprise Commission
Public Hearing &
DEC Meeting
Minutes
Members: Dix Davis, Melissa
Fetterhoff, William Marshall, Victor Normand, John Oelfke,
Marty
Poutry, Paul Routhier, Russ Smith, Eric Stoltzfus
Staff: Peter
Lowitt, Neil Angus, Mary Quinn
Absent: William
Castro, Armen Demerjian, James
DeZutter,
Subj: Public Hearing & DEC Meeting
DEC Regulations
William Marshall called the meeting to order at
M/S/V
Appoint Victor Normand, Harvard
Alternate and Russ Smith, Ayer Alternate, as voting members for this
meeting. Approved unanimously.
M/S/V J. Oelfke Approved minutes of
Note:
Victor Normand, new alternate for Harvard did not vote on minutes.
William Marshall opened the public
hearing and read the public notice proposing to adopt new section, Steep Slope
Protection Area, and amend Chapter 5 Residential creating a new section,
Innovative Development Residential II.
Peter Lowitt reviewed the proposed
changes to the DEC Regulations.
Proposed adoption of a new Section
974 CMR 3.06 - Steep Slope Protection Area, including adding a new 974 CMR
3.02(v), and adding a Map of Slope Resources Areas (974 CMR 3.06 Appendix B
Figures 13 Figure M) and renumber the existing section 3.06 (Appendix A and
Appendix B accordingly) to preserve existing natural steep slope resource areas
in Devens.
Consistent with the recently adopted
Devens Open Space and Recreation Plan (2007-2012), a number of steeply sloping
landforms exist within Devens and were identified as important to protect the
integrity and natural stability of priority protection and conservation areas
and the associated natural resources.
The proposed Steep Slope Protection Area regulations provide an
additional regulatory mechanism to protect those slope areas as identified in
the original Devens Natural Resource inventory conducted as part of the 1994
Devens Reuse Plan and within areas shown on the Open Space Protection Plan
within the Devens Open Space and Recreation Plan.
Public Comment;
Heidi Ricci, of the Open Space Advisory
Committee supports the proposed regulation changes.
Proposed amendment to Chapter 5
Residential 974 CMR 5.00, to create a new Section 5.02 (2) Innovative
Development Residential II that will allow for the option of decreased lot
frontage if a project meets or exceeds greater energy efficiency standards than
current MA code requirements.
The Devens Bylaws allow for the DEC to
develop Regulations that promote innovative development within Devens. Article
Member comment:
R. Smith lot size and minimum
frontage (see draft proposed amendment explanation).
Public comment:
Mary Arata,
writer for Nashoba Publications newspapers asked a clarifying question.
Deborah
Skauen-Hinchcliff Harvard resident disagrees with the proposal and urges
commissioners
to vote against it.
Staff recommends adoption the two proposals.
M/S/V
Close the public hearing.
Approved unanimously. The
Regulations requires eight (8) votes.
M/S/V Approve to adopt a new Section 974 CMR 3.06
- Steep Slope Protection Area, including adding a new 974 CMR 3.02(v), and
adding a Map of Slope Resources Areas (974 CMR 3.06 Appendix B Figures 13
Figure M) and renumber the existing section 3.06 (Appendix A and Appendix B
accordingly) to preserve existing natural steep slope resource areas in
Devens. Roll call vote, Approved
unanimously. Effective date
M/S/V Approve to adopt amendment to Chapter 5
Residential 974 CMR 5.00, to create a new Section 5.02 (2) Innovative
Development Residential II that will allow for the option of decreased lot
frontage if a project meets or exceeds greater energy efficiency standards than
current MA code requirements.
Roll call vote, Approved
unanimously. Effective date
Staff Report is continued to the
Peter Lowitt reviewed the Auditors
Contract. Members have requested the
Staff go through the bid process.
Mr. Lowitt requested authorization to
have the DEC Chairman sign the 2010 Population Estimate to be sent to the ABCC,
this is a form the DEC fills out ever year with regard to package stores.
M/S/V D. Davis & J. Oelfke Approve William Marshall signature on the
2010 Population Estimate form. Approved
unanimously.
Peter Lowitt reviewed the Annual
Report and requested authorization to send report on a disc to each Town and will
post on the Web Site.
Comments: Deborah Skauen-Hinchcliff Harvard resident
feels too much money was spend on trips which she felt were just junkets.
R. Smith, Commissioner, stated it the
trip to
M. Poutry, Commissioner, agreed with
R. Smith.
M/S/V Approve Annual Report and send to
Towns. Approved unanimously.
A potential Conservation Restriction for the Shepley Hill
area was broached by staff. Staff will
investigate and report back to the Commission.
The DEC has received a Request for Reconsideration by the
Town of
Meeting adjourned at
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