Mr. Lynam of the Finance Committee has pointed out that Dartmouth has adopted a bylaw which prohibits development of solid waste facilities in town. The Greater New Bedford Regional Refuse Management District(District) also has an agreement with the town.
Mr. Lynam has found;
Below is an excerpt from that Zoning By-Law :
SECTION 30 -- COMMERCIAL DUMPS OR LANDFILLS
The operation of private or commercial dumps or sanitary landfills, refuse transfer stations, refuse incinerators with a grate area in excess of ten square feet, refuse composting plants, dumping grounds for refuse or any other works for treating or disposing of refuse is prohibited within the Town of Dartmouth except where operated as an Agricultural Composting Facility licensed by the Massachusetts Department of Food and Agriculture, a Dartmouth municipal use or as a use operated under a Regional Refuse District. For definition of the terminology in this Bylaw, reference is made to Massachusetts General Laws, Chapter 111, Section 150A, as amended.
Mr. Lynam is a member of the Board of the refuse District and he continued:
Note:
There is also a prohibition in the District Agreement that prohibits a member town from; " ... engaging in independent solid waste disposal without prior approval of the ( District ) committee. "
Sec VIII - Withdrawal
A. Limitations
While the project seems to be desirable and advantageous, it is not going to be a slam dunk. At minimum, the town would have to enact a change to that bylaw and get District approval. I am sure that the Peninsula operation would have some effect on the District, I am just not sure what it would be.
Mr. Lynam points out while the landfill's life ...
... would be extended by diverting organic waste, the diversion may also reduce the revenues that the District collects from private haulers. Lower revenue might increase the assessment to the town. The whole interaction between Peninsula's operation and the District is likely to be very complicated and the outcome of that interaction uncertain.
This aspect of the Peninsula proposal should be fully investigated.
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15 comments:
Too bad there was no bylaw against turbines.
and of course there are those who put up turbines before the by-laws. These turbines still are allowed to stand even thought they violate the by-laws, and the safety of the neighbors..ah but who cares. I cant build a shed without permits, yet 60ft turbines go up 5ft from my property line..and thats ok...and no permits were required...politics I guess
This bylaw was created years ago when Clean Communities wanted to locate in Dartmouth. They were a private company and much concern arose over leaching in private wells. It would have been on the Dr. Smith property on Faunce Corner bordering on Hixville RD. There was a lot of concern over the management of these private landfills.
4:39, I don't think there was a violation of the bylaws with the turbines, but I think the bylaws were "generous" enough to include nearly every site scenario the AEC could think up. It wouldn't have been difficult to find a site, essentially, especially since the bylaws allow the Select Board to grant waivers to the AEC and use its "discretion" (word used in bylaw itself) in the instance that something might need "altering" because it did not conform exactly to the bylaw.
Our turbines' distance from homes is not at all recommended by even the turbine manufacturers themselves. That's what disturbing, I think, not to mention the callous attitude of our Select Board in sweeping the potential adversity on all fronts to the Chase Rd. neighbors.
Bill Whip had a lot to do with this by law, along with David Vincent.
The other day I was traveling by Bill's house and noticed a Bob Miller sign on his property. Good thing Len Gonsalves isn't around to see it.....Bill, get your head on straight and vote for Joe Michaud.
Our commercial wind turbine bylaw is one of the most restrictive in the Commonwealth. No waivers or alteration requiring any discretion were needed to site the proposed turbines on town lands. They meet the bylaw requirements.
It is not true that wind turbine manufacturers have setback requirements that are not met. This is a distortion that has been promoted by opponents.
It is also not true that the Select Board has been callous toward Chase Road residents.
I never said there were any waivers, alterations or discretion used with the Chase Rd. turbines, just that the opportunity to do so was written into the bylaw. Something like that seems to nullify any conditions that have been decided upon as regulations and rules to follow with respect to anything you would like to regulate and control the direction of, not just turbines. I have never understood that: set up rules and then state that they can be broken, for lack of a better word, if need be and someone authorizes it.
Your interpretation of the turbine action is different than mine. If anyone will be affected by the turbines, that is one person too many. If you had to drop the project, I guess egos would surely be hurt. Not good for those involved. Too bad.
I have nothing against wind turbines. You're right: NIMBY, but, not in yours, either. Not in anyone's backyard where it is possible (I said, "possible," not probable, so there is no need for anyone to get all huffy and deny any probability whatsoever) for any harm to health, safety, lifetsyle, or finances to occur.
I would bet it would be an entirely different story if it were in the backyards of anyone of the individuals involved in the project (or voting on it.) And you KNOW what would happen if it were ever proposed for anywhere near Padanaram. Fat chance of that ever happening. We have seen the mentality of self-preservation down there, and the control of everyone and everything that signifies any change or the slightest bit of disturbance to the "character" of the area.
The reason that wind turbines could not be situated in Padanaram is the setbacks required by the turbine bylaw could not be met. The issue of being in someone's backyard is an emotional appeal rather than a factual characterization. These turbines will be hundreds of yards away from homes.
Zoning bylaws are frequently overridden, hence the Zoning Board of Appeals. It is a common occurrence.
I realize that, unless they were located in the water, there might not be adequate setbacks, although it seems what is adequate for one person or group is not so for anther person or group. I was merely mentioning Padanaram as an example of how rapidly the neighborhood would rise up and scream if anything even resembling a turbine were to invade their breathing space. And the interesting thing is, even if something objectionable" were to be considered for location in Padanaram, it would most likely not ever get off the ground or be so controlled with rules and regulations as is the Padanaram business district.
Point here is some people often manage to get what they want, for whatever reason, I don't know. Maybe there IS something rarified in the air that makes them think they are so special and privileged??
And, looking at the regs and rules for the District is enough to make anyone considering locating or doing business there to get up and run. Of course, that is probably precisely what the Padanaramites want.
(Okay, so I am likely to get slammed here. Believe me, there is no jealousy on my part because I don't live in Padanaram.)
Seventeen years ago, Dartmouth town meeting members voted to authorise the start up of the Crappy hill regional landfill district kingdom. You don't ever want a return to this form of town government. Bob Miller was a member of the select board that voted for the crappy landfill district, and for the town by-law restricting any/all other means of disposing of trash in our town, with out the consent of the Crappy Hill landfill dump landfill district members. The Crappy landfill district is an "entity" self governing, with millions of dollars deposited in their account(s). The selectmen, with the authority of town meeting members, voted to approve special legislation to avoid a town wide referendum. Bob Miller voted for this special legislation. The town tax payers/voters, in my opinion, didn't have the opportunity to vote on such an important issue, or did they??
The Crappy Hill landfill "dump" district members have proved the dumping of solid waste into the ground saved our town large sums of money. The bad news is time is getting closer each year, when the Crappy landfill district will reach it's max and the landfill will be capped and closed but monitored for fifty years. Let's all hope that nothing ever happens to cause a mountain size pile of garbage, buried at the landfill, to leak out into our water shed. Once the pile reaches 120 feet in height, the trash shall be capped. How/where will Dartmouth find a location to dispose of trash???
To the wind turbine opponents.
You certainly have the right to complain. Where were you when the people who live within the Crapo Hill landfill where complaining?? I'll trade locations anytime. You can smell the Crappy hill landfill dump, "some of this garbage came from your homes." I'll be happy to listen to the flickers, watch the morning shadows, and know that my town is receiving millions of dollars from powered generated electric, while the Crappy landfill dump is sitting on millions of dollars the town can't touch. (OUCH)
So where might I ask is this company trying to set up shop in Dartmouth
How did a thread on a composting company turn into a rant against Padanaram? Amazing! In case you missed it, Padanaram is heavily built up, has been for generations based on its 15,000 s.f. lot sizes so there is no room for turbines or a composting company. Did you miss that part? Got nothing to do with people screaming about anything. As far as the recent zoning changes, yup can you believe it the businesses and residents of Padanaram actually sat down with thown officials and cooperatively worked out some new regulations that will help both business interests and resident's interests. Can you believe it! Cooperation and collaboration, what a concept.
You claim you don't want to live in Padanaram but methinks thou protest too much.
Way to go Watson. A man goes before the board wishing to get a permit to conduct his business. All he wants to do is work, probably to support a family. Watson wants to deny him the permit even though there is no valid reason to do so just because he doesn't like door to door salesmen. And to top it off, Watson & Dias are giggling together while this poor man is explaining his business. I'm sure this guy is feeling really good about having to go before a board in this town. I know how I would feel after being laughed at by town officials when I was just trying to follow the regulations/rules. I am disgusted, especially in this economy, that Watson would try to prevent someone from earning a living because why?, a door to door salesman isn't socially acceptable to him? Watson certainly tried to make that man feel really small and his behavior was appalling.
Mr. Watson seems to want to throw a monkey wrench into everything. It seems anytime he wants to speak it is to make a motion of some sort to squelch an issue or person or whatever. Just my opinion. Personally, I don't think the other Select Board members should let him get away with it. I think they should call him on his actions.
Boy, do we need Mr. Gracie more than ever! Someone needs to give that Board some balance and perspective, more than it already has, and keep it on an even keel.
If we aren't careful, we could end up being governed much like in the past. Be careful who you vote for.
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