[MassHistPres] electric meters, wind turbines, and Historic District Comm...

Mon Nov 22 21:40:57 EST 2010

Sam, 

Thank you for your explanation regarding the  jurisdiction of Historic 
District Commissions.   

The goal of the wind bill is to remove obstacles to  wind development, such 
as use and height limitations, zoning  bylaws, and all local environmental 
and public protections now in  place in Massachusetts communities.   

Should a developer determine that wind turbines  belong within the 
boundaries of the Local Historic District, and it is  determined that they can be 
seen from a public way, does the wind bill  compromise the Historic District 
Commission's regulatory authority  and control over what is under their  
jurisdiction?  

As the wind bill eliminates regulatory  authority, powers and the voice now 
held by Town Meeting  voters, zoning boards, planning boards and all local 
boards. It's  imprudent, in my humble opinion, to assume that a Historic 
District  Commission's regulatory authority won't be diminished by the wind  
bill.     

The wind bill appointed panel, “has the  authority to waive any local 
requirements needed to permit the facility,  including, e.g., use limits and 
height limits in local zoning  bylaws”. 
This bill provides a comprehensive permit to  wind developers so that they 
can be unfettered by local zoning bylaws,  use and height restrictions, and 
the rules of town boards' that apply to all  others.  

The wind bill does resemble Chapter 40B.   Although wind energy has a 
massive environmental footprint, with adverse  impacts affecting a multitude of 
values on an equally massive  scale.  The European land-based wind energy 
experience has evolved  to setback recommendations of 2km, (2km equals 1 1/4 
miles),  between a residence and a wind turbine.

Thank You, 

Barbara Durkin 

_House of Lords calls for 2km setbacks (United  Kingdom)_ 
(http://www.windturbinesyndrome.com/news/2010/house-of-lords-calls-for-2km-setbacks-united-kin
gdom/) 

Wind  Turbines (Minimum Distances from Residential Premises) Bill.  A _bill 
to make provision for a minimum  distance_ 
(http://www.publications.parliament.uk/pa/ld201011/ldbills/017/11017.1-i.html)  between wind turbines and 
residential premises according to  the size of the wind turbine; and for 
connected  purposes.

_http://www.windturbinesyndrome.com/news/2010/house-of-lords-calls-for-2km-s
etbacks-united-kingdom/_ 
(http://www.windturbinesyndrome.com/news/2010/house-of-lords-calls-for-2km-setbacks-united-kingdom/) 

In a message dated 11/22/2010 6:14:52 P.M. Eastern Standard Time,  
greenbird-architect at comcast.net writes:

Interesting  questions. In Concord we would generally review the location 
of meters if it  was part of a renovation or other project. I suspect there 
have been meters  installed without benefit of review. Most applicants are 
happy to not have the  meter on their front facade as they find it 
unattractive. Concord has it's own  Municipal Power Co. so dealing with them is a lot 
easier than a large Co. like  National Grid. The local company bends over 
backward to accommodate  rate-payers and the town commissions.  

I don't know of any problem or restriction locating the meter some  
distance within the building from the main panel - it's certainly allowed by  code 
and may be fairly easy if a route for the conduit is available provided.  In 
my own house I upgraded a service, moved the meter,  and the panel is  
perhaps 20' or so from the meter.  Certainly this is not a "5 figure  issue" in 
most cases. Maybe I'm missing something here.....

Meters are unsightly, no question, but they are getting better, as  
technically they get smaller (and smarter). I'm not totally up on my meter  
technology but I would think we should be close to the point where new meters  can 
include a remote read feature that would allow the main meter to be hidden  
and only a small inconspicuous box installed on the street side. This is 
done  now with water meters. 

Ms. Durkin - nice try, but in the case you cite, the turbine itself would  
have to be located within the Local Historic District, not just visible from 
a  public way within the District. An HDC does not have jurisdiction over  
something built miles (or even feet) outside the LHD just because it can be  
seen from some point within the HDC.  If that were the case a tall  
building in Boston might be subject to review by the HDC in Arlington and  several 
other towns with a view of the Boston skyline, which would be silly.  Unless 
the foundation of the structure lies within the boundaries of the  Local 
Historic District AND (not or) it can be seen from a public way, the HDC  has 
no jurisdiction. The proposed wind bill does pose interesting public  policy 
questions - much like 40b does - local imposition vs greater public  gain. 
I'm sure that will be fodder for much debate.

Sam Bird
Concord

On Nov 22, 2010, at 4:43 PM, _Bjdurk at aol.com_ (mailto:Bjdurk at aol.com)  
wrote:

Chris et  al:  

Regarding your  clarification on placement of electric meters, Chris, 
"...as a structure  visible from a public way, it is regulated by the historic 
district  commission." 

A 400' wind  turbine is certainly a structure that would be visible from a 
public  way.  The wind  bill erodes environmental and public protections as 
the intent is an  expedited permitting process for wind energy  developers. 
One could assume that historic district  commissions would have regulatory 
authority in siting 400' wind  turbines.  I think it's more prudent to assume 
that historic  district commissions will have no say in where wind turbines 
are sited in  Massachusetts if the wind bill becomes The Wind Turbine 
Siting Reform  Act.  

Do you have access  to information that clarifies what impact the wind  
bill has on historic district commissions' regulatory authority  over 
structures visible from 50 miles away?

Thank You,  

Barbara  Durkin 

Worcester Telegram  & Gazette
Sunday, November 21, 2010

An  ill wind threatens our freedoms

The article “Wind resistance/Plans for turbines  generate questions, 
opposition” (Telegram & Gazette, Nov. 17)  illuminates the core protections 
afforded to citizens in communities  determining if and where wind turbines will 
be sited, current zoning. A  two-thirds town meeting vote is required for a 
zoning change. 

Enter  the wind bill. The intent of the bill is to shift the power of town 
meeting  vote to an appointed panel that would make all wind turbine siting  
decisions. This bill constitutes the erosion of public and environmental  
protections now in place in communities that include setbacks, height  
restrictions and all local requirements. 
The Nov. 15 Boston Business  Journal reported that, according to state 
energy spokeswoman Lisa Capone,  the wind bill would not allow the state to 
overrule local zoning rules.  However, according to the wind bill, the wind 
energy permitting board  created by the bill “has the authority to waive any 
local requirements  needed to permit the facility, including, e.g., use limits 
and height limits  in local zoning bylaws.” 

The wind bill is a bad bill as it  undermines citizens’ rights by design. It
’s coauthored by a wind developer  seeking unlimited, unmerited development 
potential and profits. By the wind  bill, the public surrenders current 
zoning protections and the power of town  meeting’s two-thirds vote to wind 
developers and their investors.  

BARBARA DURKIN 

Northboro 

_http://www.mass.gov/dcr/news/publicmeetings/forestry/wind%20energy%20siting
%20act%20summary.pdf_ 
(http://www.mass.gov/dcr/news/publicmeetings/forestry/wind%20energy%20siting%20act%20summary.pdf) 

SECTION  7 adds a new chapter 40T to establish a streamlined local 
permitting process  for wind energy facilities. This process is voluntary—the 
proponent may  utilize it or elect to follow existing permitting procedures.
New Chapter  40T, Subsections 1-2: Municipalities in high wind areas 
designated by the  department of energy resources, consultation with the 
massachusetts  municipal association, must empanel a wind energy permitting board 
composed  of representatives of the conservation commission, planning board, 
and  zoning board. In all other municipalities, the municipality’s planning 
board  will be conduct local permitting of a wind energy facility.
Subsection 3:  Once the board receives a complete application, this board 
would take  comments from the public and other local boards, and issue one 
composite  permit that includes local law and regulation. The board has the 
authority  to waive any local requirements needed to permit the facility, 
including,  e.g., use limits and height limits in local zoning bylaws.

In a message dated 11/22/2010 3:22:04 P.M. Eastern  Standard Time, 
_Christopher.Skelly at state.ma.us_ (mailto:Christopher.Skelly at state.ma.us)   writes:

Jim, as a structure visible from a public  way, it is regulated by the 
historic district commission.   

I'd be interested to hear the experiences of  other historic district 
commissions when it comes to electric meter  placement, particularly if an 
application is not filed by the  electric utility, thereby resulting in a 
violation.   Chris.

Christopher C.  Skelly
Director of Local Government  Programs
Massachusetts Historical  Commission
220 Morrissey Boulevard
Boston, MA 02125
(617) 727-8470
_Christopher.Skelly at state.ma.us_ (mailto:Christopher.Skelly at state.ma.us) 

____________________________________
 From: masshistpres-bounces at cs.umb.edu 
[_mailto:masshistpres-bounces at cs.umb.edu_ (mailto:masshistpres-bounces at cs.umb.edu) ]  On Behalf Of james howard
Sent: Monday, November 22, 2010  2:53 PM
To: Historic Districts
Subject: [MassHistPres]  Electric Meters in Historic Districts

The Wenham Historic district Commission has never bothered to require  
approval of the placement of electric meters on the outside of buildings  in the 
Historic District.  Now National Grid, the local electric  company, is 
asking for approval of the placement of an electric meter on  the outside of an 
old church in the center of the district.  We were  wondering whether any 
other historic District Commissions require the  approval of the placement of 
electric meters on the outside if buildings  in historic districts. Or 
perhaps are they exempt from the need to be  approved?

Thanks for your help.

Jim Howard
Chairman 
Wenham Historic District Commission

James  M. Howard
149 Main Street
Wenham, MA 01984
Tel:  978-468-1709
Cell:  978-317-4862

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