HomeMy WebLinkAbout4963 4, 30, 34, 40 Bayview St Containment and Decommissioning Memo 10.03.22Ara tter
Eliza Cox
Direct Line: 508-790-5431
Fax: 617-310-9191
E-mail: ecox@nutter.com
October 3, 2022
0121639-00002
By Hand Delivery
Steven DeYoung, Esq., Chairman
Town of Yarmouth Zoning Board of Appeals
1146 Route 28
South Yarmouth, MA 02664
Re: Cape Cod Hospital and Winterberry Solar, LLC
Petition No. 4963
Dear Chairman DeYoung and Members of the Zoning Board of Appeals:
This office represents Cape Cod Hospital and Winterberry Solar, LLC (collectively, the
Applicants") in the above-referenced petition pending before the Zoning Board of Appeals (the
Board"). As the Board will recall, the matter was discussed at a public hearing on August 25,
2022 and continued to the Board's October 13th agenda to enable the Applicants to provide
supplemental materials in response to questions/comments from the Board dealing with
containment measures and decommissioning of the structures. Each topic is discussed below.
Containment Safeguards
As discussed at the August public hearing, the Applicants have worked very closely with
Carl Lawson, the Town of Yarmouth's Hazardous Waste Inspector, to ensure that the proposed
battery cabinets, which are located outside of the Town's APD, fully comply with the Town's
Handling and Storage of Toxic or Hazardous Materials regulation. As indicated several times in
Mr. Lawson's communication of May 17, 2022, the project will be able to comply with the
regulation and, in fact, the proposed measures achieve more than the 150% volume secondary
containment required by the Town's regulation.
With respect to the battery electrolyte, the modules within which the batteries are kept
provide 118% secondary containment of the electrolyte solution. The modules are stored in a
sealed cabinet that, when coupled with the modules,provides 350%volume secondary
containment. This volume of containment exceeds the Town's regulation.
Similarly, as it pertains to the electrical inverters,there are 2 electrical inverters proposed
to be installed as part of the project. Each inverter contains approximately 1.096 gallons of
antifreeze. Secondary containment equal to 289% of volume of antifreeze is proposed as part of
11111.11.11
Nutter McCLennen & Fish LLP / 155 Seaport BLvd / Boston, MA 02210 / T: 617.439.2000 / nutter.com
49A alp.;
Steven DeYoung, Esq., Chairman
October 3, 2022
Page 2
the project. Thus, the containment measures for the proposed volume of antifreeze also exceeds
the requirements of the Town's regulation.
Notwithstanding full compliance with the Town's regulations, in response to comments
from the Board,the Applicants have updated the site plan to include concrete curbing/berming
around three-sides of the proposed equipment pads which would direct any liquids to the south-
east, away from the APD boundary, and thereby directing the flow in a manner to facilitate
capture, if needed. This additional measure is noted on the revised site plans submitted herewith,
which are dated last revised on September 20, 2022.
Finally, as noted in Mr. Lawson's report of May 17, 2022, the batteries are electronically
monitored on a continuous basis both for safe operation and performance. In the event there is a
serious safety concern, immediate automatic notifications are generated to Winterberry Solar,
LLC and to the Yarmouth Fire Department, the system automatically shuts down, and, if needed
depending on the situation, the automatic fire suppression system is activated. Following
response from the Yarmouth Fire Department, Clean Harbors, an environmental services
company, will handle the safe remediation of any materials. Clean Harbors has the necessary
equipment and expertise to safely open the equipment cabinets to remove any spillage.
The containment measures originally proposed by the Applicants, which have now also
been supplemented with additional berming/curbing, have been approved throughout the
Commonwealth for solar battery and inverter storage, including within Zone I's and Zone II's.
Here, as noted the proposed battery and equipment pad locations are situated outside of the
closest Zone II and outside of the Town's APD.
Decommissioning
At the August hearing, the Board questioned whether there are decommissioning and
removal requirements within the lease between Cape Cod Hospital and Winterberry Solar, LLC.
In response, I enclose correspondence of even date from Michael Bachstein, Vice President,
Facilities, for Cape Cod Healthcare, Inc., confirming that the lease between Cape Cod Hospital
and Winterberry Solar, LLC contains express provisions requiring decommissioning and
removal of the proposed system. Moreover, notwithstanding this contractual language, the
Applicants would also accept a condition as part of their zoning application which provides for
removal, such as:
If the solar energy system has reached the end of its useful life or has been abandoned(as
described herein), the canopies shall be removed within 1 year after the date of discontinued
operations. For the purposes of this condition, the system shall be considered abandoned when it
fails to operate for more than 1 year. "
1-frff,.
Steven DeYoung, Esq., Chairman
October 3, 2022
Page 3
Thank you very much for your review of the above. On behalf of the Applicants, we look
forward to the continued hearing on October 13, 2022.
Very truly yours,
qtAaa-9t%
Eliza Cox
EZC:
Enclosures
Cc: Cape Cod Hospital
Winterberry Solar, LLC
5721887.2
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CAPE COD HOSPITAL
Iter
Member Cape Cod Healthcare
October 3, 2022
Steven DeYoung, Chairman
Town of Yarmouth Zoning Board of Appeals
1146 Route 28
South Yarmouth, MA 02664
Re: Cape Cod Hospital and Winterberry Solar, LLC
Petition No. 4963
Dear Chairman DeYoung and Members of the Board:
I understand there were questions at the August 25, 2022 hearing on the above-
referenced petition, regarding the relevant lease provisions relating to decommissioningoftheproposedsolarsystem. I am writing to confirm that the lease agreement dated
October 7, 2022 (the "Lease"), by and between Cape Cod Hospital, as Lessor, and
Winterberry Solar, LLC, as Lessee, contains express provisions regarding
decommissioning and removal of the proposed solar photovoltaic system (the
System").
Specifically, the Lease requires that the Lessee complete removal of the System
and restore the premises to original condition, normal wear and tear excepted, after the
Lease ends. In the event that Lessee fails to complete removal of the System and
restoration of the premises within 180 days of termination or expiration of the Lease,
Cape Cod Hospital has the right to remove the System and complete restoration of the
premises at the Lessee's sole cost and expense. Regardless of this Lease requirement,
Cape Cod Hospital would also accept a condition for removal in the zoning permit,
which is proposed in Attorney Cox's correspondence forwarding this letter.
Please do not hesitate to contact me with any questions.
Sin rely,
Mi hael Bachstein
Vice President, Facilities
Cape Cod Healthcare, Inc.
M) 774-487-6290
P.O. Box 640
27 Park Street
Hyannis,MA 02601
508.771.1800
www.capecodhealth.org