HomeMy WebLinkAboutLetter/Documents to Community Engagement 5/16/25 ��Og*'YAK TOWN OF YARMOUTH
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MATTAC4ICESC 508-398-2231 ext. 1260 Fax 508-398-0836
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Mr.William Ciocca May 16,2025
Community Engagement Manager
National Grid
Re: LNG Tank Replacement
Dear Mr Ciocca,
Thank you for your patience while the details of the proposed project were under review. While it is understood how
important this project is to the Town of Yarmouth as well as Cape Cod,a thorough review was required to start the project
on the right foot.
I have reviewed the original D.P.U.decision#15972,Jan. 15,1969 and decisions#15972A and#15972B dated Nov.5,1971.
I have also reviewed the legal opinion dated April 17, 2025 by Asst. General Counsel Mark R. Rielly. I have also had
communication with Town Counsel and have come to the conclusion that at a minimum a modification of the existing
order(s)will be necessary to replace the LNG tank.
Absent any modification to existing decisions or a new decision from the Department of Public Utilities, a Special Permit
will be required from the Town of Yarmouth Zoning Board of Appeals as required by Table 202.5. Use F8.
Alternatively,you may appeal this order to the Zoning Board of Appeals as allowed by MGL c.40a §7& §15.
I am available for any questions you may have.
Very truly,
Mark Grylls
Director of Inspectional Services/Building Commissioner
C:Town Counsel
Robert Whritenour—Town Administrator
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C-103 REVO
• Form UM 01. BOM-10.674460n
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14
DEPARTMENT OF PUBLIC UTILITIES
...•J•anuary..15.,...1,9.6.g.
D.P.U. 15972
Petition of the Buzzards Bay Gas Company pursuant to the provisions
of section 10 of Chapter 40A and section 105A of Chapter 164 of the
General Laws for a determination by the Department that it is reason-
ably necessary for the convenience and welfare of the public that a
certain parcel of land located by White's Path, owned by said Buzzards
Bay Gas Company in the town of Yarmouth, and more specifically the
facilities to be constructed thereon and therein, including a liquefied
natural gas (LNG) container, be exempt from the operation of the zoning
by laws of the town of Yarmouth. The petitioner further seeks a de-
termination by the Department that said LNG facilities proposed to be
erected thereon and therein are wholly proper and appropriate and that
said proposed structures and land are to be used in connection with
the petitioner's business of transmission, distribution, manufacture
and modification of gas.
Appearances : George I. Mulhern, (Palmer, Dodge, Gardner
and Bradford) , 53 State Street, Boston, for
the Petitioner.
The Buzzards Bay Gas Company filed a petition with the
Department on September 26 , 1968 , requesting:
(a) Under the provisions of section 10 of Chapter 40A of
the General Laws, a determination that the proposed situation of a
parcel of land on the southerly side of White 's Path, approximately
3500 feet easterly of its intersection with Station Avenue and the
Liquid Natural Gas Facilities (LNG) and related facilities to be con-
structed thereon and therein are reasonably necessary for the public
convenience and welfare and that said land, structures and gas facili-
ties be exempted from the zoning by laws of the town of Yarmouth;
2.
(b) Under the provisions of section 105A of Chapter 164
of said General Laws, approval of the manner in which and the pres-
sures at which gas will be stored, transported and distributed in
connection with the proposed LNG plant:
(c) Under the provisions of paragraph 3 of the Department's
order D.P.U. 11725-C dated February 15, 1967, an exemption from sec-
tion 864.361(b) of said order to allow a minimum distance to property
line of not less than 300 feet.
The petitioner is a gas company as defined by Chapter 164
of the General Laws and is a public service corporation providing gas
service to the town of Yarmouth and several other towns in the Cape
Cod area.
On the above matter a public hearing was held at the
State Office Building at 100 Cambridge Street, Poston, Massachusetts,
on November 18, 1968, at which time all parties in. interest were given
an opportunity to be heard and no one appeared in opposition.
The Buzzards Bay Gas Company is principally supplied by the
Algonquin Gas Transmission Company at two locations in Bourne; one
designated as the Bourne station, the other, the Sagamore station. In
addition, peak shaving propane plants are located at Chatham, Hyannis
and the Cataumet section of Bourne.
The peak shaving capabilities of the Cataumet plant are
3,000 MCF per day, the Hyannis plant, 1,500 MCF and the Chatham plant
1,000 MCF providing a combined peak shaving capability of 5,500 MCF
per day. The 1967-1968 peak day send-out was 20,776 MCF and it is
estimated that by the 1977-1978 season, the peak day will be 35,000
MCF. Customer growth this year has been far beyond company expecta-
tions in the house heating category where 1,400 additional customers
3.
were added. In addition, Otis Air Force Base has requested a supply
of gas on a firm basis and their demand is estimated at 480 MCP per
day. Testimony presented at the hearing indicated that the Algonquin
Gas Transmission Company is unable to supply additional firm or winter
service gas. Penalty gas is available. However, it is expensive and
would create an economic burden on the company which could also have
an adverse effect on the rate schedule.
Growth on the Cape has been concentrated in the Barnstable-
Yarmouth-Dennis area, being principally in Yarmouth. Building con-
struction still continues very heavy in this area and the proposed
site was selected because of its strategic location at the system load
center, itsproximity to the petitioner's main feeder line and acces-
sibility to the Mid-Cape highway.
Engineering studies have determined that the additional
peaking capacity necessary to meet the ever-increasing loads can best
be provided by the introduction of an LNG storage and production
facility at or near the load center.
The proposed site is comprised of 29 acres of wooded un-
developed land located about 200 feet off White's Path and northerly
of, but contiguous to, The New York, New Haven and Hartford Railroad
Company right of way. The nearest existing building north of the rail-
road right of way is 1,000 feet from the site; southwesterly of this
right of way there is a residence 300 feet from the petitioner's propert:
line. In 1962 this property and the abutting property were zoned for
industry or commercial development and the site presently is in an in-
dustrial zone under the zoning by laws of the town of Yarmouth but the
use of the land for the purposes alleged. is not permitted by said by
law.
4.
Initially, the company proposes to install a single 63,000
gallon liquefied natural gas storage tank and vaporizer on the site.
This facility will be comprised of an inner tank of 3/8" stainless
steel 10'-10" in diameter and 90'-6'' in length with 12" of Perlite
insulation between the inner and outer vessel. The outer tank will
be made of 3/8" steel with an over all diameter of 13' and an overall
length of 92'-6" and there will be a vacuum of 50 microns between the
inner and outer vessels. The tank will be surrounded by a diked area
98' x 138' . An earthen dike two feet in height will surround the
area. The reservoir will be generally three feet in depth with the
sides having a three to one slope and slightly pitched to one end.
Provision will be made for the installation of a second similar tank
when required and the tanks will be symmetrically located, separated by
a dike within this area. The tanks will be supported by cryogenic
concrete bunkers one foot by eight feet and approximately eight feet
in height. The second tank will be installed within two years. Four
30,000 MCF per hour ambient vaporizers will be located between the two
tanks. They will be eight and one half feet by seven and one half feet
and ten and one half feet in height each and mounted on concrete piers.
Fire protection for this installation will be provided by two 2,000
pound dry chemical assemblies, one on either side of the diked area.
In close proximity to the chemical containers will be installed ultra-
violet flame detectors so located as to monitor the diked area in
event of a flame. These detectors will send signals via telephone
circuits to the company's control center and the local fire department.
5.
Both locations are manned at all times. In addition, in the area in
front of the tank, where all the controls and loading facilities are
located, a thirty pound dry chemical cylinder will be installed. This
installation will operate automatically in the event of a fire at
this location. Facilities will be provided for fire control outside
the diked area by conventional fire hydrants connected to the town
system.
A ranch type control building will be erected on the side
one hundred ten feet beyond the diked area. It will be twenty-two
feet by forty feet and approximately sixteen feet in height, constructed
of concrete blocks. The roof will be made of fire proof material and
designed to lift in the event of an explosion. It will house heat ex-
changers, orifice meters, control valves, boiler and related apparatus.
The boiler will be housed in a section of this building isolated from
the control room by a solid fire wall. The station will be normally
unattended; however, it will be under supervisory control at all times
from the company's Hyannis or Cataumet control center. The control
building will be surrounded by a chain link fence entirely independent
of the fence enclosing the diked area.
All trees and underbrush will be cleared and kept cleared
for at least one hundred feet beyond the perimeter of the diked area.
All remaining trees will be retained to provide a screen to abutting
property.
Liquefied natural gas will be brought in by truck and stored
in these tanks for use on peak days. When required, the ambient
vaporizers will convert the liquefied gas to a vapor at the proper
temperature and pressure and it will enter the company's ten inch
6.
high pressure main on White's Path via a new eight inch gas main.
About 1975, the company proposes to install an LNG proces-
sing plant and concrete storage container on this site. When completed,
this will replace the existing storage facilities and all existing
equipment except the control building will be removed.
This installation will consist of a 50,000 barrel or 185,000
MCP insulated and lined concrete storage vessel. It will be approx-
imately fifty-eight feet in height with base recessed in ground ap-
proximately ten feet and the top of the dome will be forty-eight feet
above the surrounding terrain. The storage vessel will be surrounded
by an earthen berm approximately thirty feet in height leaving only
the dome visible above this man-made hill. The tank will be ninety-
seven feet in diameter and located approximately one hundred feet to
the east of the original storage tanks.
The company proposes to use the Cascade Liquefaction process
for refrigeration of the natural gas. The equipment consists of com-
pressors, heat exchangers, storage vessels for the propane and ethylene
used in the liquefaction process. The main building will be of
Colonial design, T-shaped, with the short section being thirty feet by
forty feet by eighteen feet in height and the main section forty feet
by ninety feet by twenty-four feet in height. All LNG controls will
be located in the short section and eventually the entire system will
be controlled from this location. The main section will house the
compressors and auxiliary equipment. Located directly behind and to
the east of the main section will be the cold box, cooling tower, heat
exchangers, propane and ethylene storage tanks. The cold box will be
ten feet by ten feet and twenty-six feet in height, extending slightly
7.
above the roof of the main building The propane and ethylene tanks
will have a capacity of 9 ,000 gallons each. The propane tank will be
installed horizontally and will be seven feet in diameter and twenty-
eight feet in length. The ethylene tank will be installed vertically
and will be twelve feet in diameter and twenty-two feet in height and
will be insulated. The flare stack will be located northeasterly of
the main building and will be fifty-three f-et in height.
There will be three vaporizers of 40,000 MCF capacity,
each having a discharge pressure of 200 psig and having an over all
length of twenty-four feet, a width of eight feet six inches and a
height of thirteen feet with the stacks extending three feet above the
tanks and will be located between the main building and the storage
tank.
Receiving and shipping facilities for LNG will be provided
for both the initial and final installations and will be located out-
side the diked area.
The original fire fighting equipment and protective devices
will be relocated to properly protect the new equipment and in addition
a new thirty pound automatic dry chemical system will be installed in
the control house with total flood nozzles. The petitioner has agreed
to establish a periodic maintenance program to ensure satisfactory
operating condition of all fire protective devices.
Although the plant will be fully automated with supervisory
control, there will be an operator on duty at the plant at all times.
The site will be landscaped and posted to prevent hunting
and the entrance will be provided with a locked gate to prevent access
by unauthorized persons.
8.
The installation of liquefaction and storage facilities
at this location will provide the entire Cape area with an independent
source of supply capable of sustaining the entire company system load
for an entire week during the peak season and, in addition, it will
provide the company with adequate natural gas peak shaving facilities
for the foreseeable future. The use of naturalgas for peak shaving
purposes will reduce or eliminate the many service problems associated
with the use of liquid propane gas.
After notice, public hearing, investigation and considera-
tion, the Department hereby
DECIDES that the situation of the parcel of land in question
and the proposed facilities for the liquefaction, storage and regasi-
fication of natural gas and the related structures proposed to be con-
structed or installed thereon by the Buzzards Bay Gas Company are
reasonably necessary for the convenience and welfare of the public pro-
vided there is compliance with the provisions of the order.
Accordingly, it is
ORDERED! That the parcel of land in the town of Yarmouth,
Barnstable County, Massachusetts, located off the southerly side of
White's Path, approximately thirty-five hundred feet easterly of its
intersection with Station Avenue in said town, substantially as shown
on a plan on file with the petition entitled "Plan of Land in South
Yarmouth, Massachusetts, Belonging to Buzzards Bay Gas Company Naming
Abutters of Record and Showing LNG Facility Location - Date 11/9/68
Scale 1 in. = 100 ft." and further identified as Exhibit 3 at the
hearing, but more fully bounded and described as follows!
9.
EASTERLY by White's Path, a public way, Forty-five
and 11/100ths (45.11) feet7
SOUTHEASTERLY by Lot 5 as shown on Plan hereinafter mention-
ed, Four Hundred Ninety-two and 18/100ths
(492.18) feet;
NORTHEASTERLY by said Lot 5, Four Hundred Fifty-three
and 96/100ths (453.96) feet•.
NORTHEASTERLY by land of Ken-Mac realty Trust Six Hun-
dred Ninety-eight and 16/100ths (698.16) feet
NORTHEASTERLY by land of Thomas E. Kelley, One Hundred
Ninety-seven and 78/100ths (197.78) feet;
SOUTHEASTERLY by land of Ken-Mac Realty Trust, Five Hun-
dred Ninety-three and 69/100ths (593.69)
feet;
NORTHEASTERLY again by said land of Ken-Mac Realty Trust
Two Hundred Twenty-seven and 57/100ths
(227.57) feet;
NORTHWESTERLY again by said land of Ken-Mac Realty Trust
Six Hundred Two and 71/100ths (602.71)
feet;
EASTERLY by White's Path, a public way, One Hundred
Seventeen and 58/100ths (117.58) ;
SOUTHEASTERLY by Lot 7, as shown on plan herein mentioned,
Nine Hundred Twenty-four and 72/100ths
(924.72) feet;
SOUTHWESTERLY by land of the Trustees of The New York,
New Haven and Hartford Railroad Company, One
Thousand Seven Hundred Forty-seven and
4/100ths (1,747.04) feet; and
NORTHWESTERLY by land of Alice S. Davis One Thousand Two
Hundred Forty-eight and 59/100ths (1,248.59)
feet,
and containing twenty-nine acres more or less and the liquefied natural
gas processing, storage facilities and regasification equipment and
related structures to be installed thereon and therein be and hereby
are exempted from the operation of the zoning by law of the town of
Yarmouth under theprovisions of section 10 of Chapter 40A of the
General Laws of Massachusetts to the extent that they may be used for
10.
or in connection with the processing, transportation, liquefaction
and regasification and storage of natural gas, subject, however, to
the following restrictions and conditions:
A. That the proposed facilities shall be constructed in
accordance with all the requirements of Section II of Massachusetts
Department of Public Utilities order 11725-C of February 15, 1967,
except that the minimum clear distance from the edge of any container
shall be not less than three hundred feet to the nearest property line.
B. That fire protection equipment shall be satisfactory
to the Department.
C. That gas leakage detection devices shall be satis-
factory to the Department.
D. That the site shall be suitably landscaped in a
manner to be approved by the Department and that a tree belt around
the perimeter of the property be maintained.
E. The emission of contaminants from the exhaust stacks
shall not exceed 5 ppm of the following: Sulphur Dioxide (SO2) ,
Ethylene (CH2CH2) and Aldehydes (HCHO & CHO) .
The ambient air at the property line shall not contain
more than the following quantities of contaminants!
Contaminants Air Quality Criteria Emission Limita-
tions
Sulphur dioxide 0.22 ppm 1 gram/sec.
(SO2)
Ethylene 0.1 ppm 0.5 gram/sec.
(CH2CH2)
Aldehydes 0.22 ppm 1.25 gram/sec.
(CHO)
as formaldehydes
(HCHO)
11.
F. Notice in writing shall be given to the Chief Engineer
of the Department not less than forty-eight hours before the start of
construction or installation of the first container and related fa-
cilities, the second container and related facilities and the lique-
faction plant, auxiliary equipment and storage vessels, and no change
in the design, size or location of the proposed storage and processing
facilities shall be made without the approval of the Department.
G. The total storage of liquefied natural gas at no time
shall exceed 50 ,000 barrels or 185,000 MCF except to the extent author-
ized by the Department after notice and hearing.
H. The total storage of liquid propane and ethylene shall
not exceed 9 ,000 gallons in each tank except to the extent authorized
by the Department.
I. Sound levels at the petitioner's property line shall
not exceed 65 dB on the A weighted scale (as prescribed by the USA
Standards Institute) at any time. The Department may, however,
modify the sound levels from time to time.
And it is
FURTHER ORDERED: That the Department FINDS that the manner
in which and the pressure at which gas is to be transported and dis-
tributed to and from and processed and stored at the proposed liquefied
natural gas processing and storage facility, are proper and appropriate
12.
in the circumstances and are hereby approved.
By order of the Department,
(signed) FRANCTS J. HICKEY, Jr.
Secretary
c\
A true copy
Attest
Secret
Appeal as to matters of law from any final decision, order or ruling
61 the commission may be taken to the Supreme Judicial Court by an
aggrieved party in interest by the filing of a written petition pray-
ing that the order of the Commission be modified or set aside in whole
or in part.
Such petition for appeal shall be filed with the secretary of the com-
mission within twenty days after the date of the decision, order or
ruling of the commission or within such further time as the commission
may allow upon request filed prior to the expiration of the twenty
days after said decision, order or ruling. (Sec. 5, Chap. 25, G.L.
Ter. Ed.) .
Form UM 03.S0M•.•71.049129 7 PK %+� .^,.4.-itg
•
alp (gnmmnuiuruuthr of Ilitiosadmorits
DEPARTMENT OF PUBLIC UTILITIES
° :� . November..5,..1971
D.P.U. 15972A
• Petition of Buzzards Bay Gas Company for reopening of D.P.U. 15972 and for an ex-
emption from operation of zoning by-laws of town of Yarmouth re construction of
Propane Gas Plant in town of Yarmouth.
•
D.P.U. 15972E
Petition of Buzzards Bay Gas Company for reopening of D.P.U. 15972 and D.P.U. 15972A
and for an exemption from operation of zoning by-laws of town of Yarmouth re con-
struction of (LNG) and/or Propane Gas Plant.
Appearances: Norman Mason, Esq.
50 Congress Street
Boston, Massachusetts
Attorney representing the Petitioner,
Buzzards Bay Gas Company
D.P.U. 15972A is a petition of the Buzzards Bay Gas under the provisions of
section 10 Chapter 40A of the General Laws for a determination by the Department
that the present and proposed situation of the parcel of land located on the south-
erly side of White's Path approximately 3500 feet easterly of its intersection with
Station Avenue and the Liquid Natural Gas (LNG) storage and related facilities in-
cluding similar facilities for propane constructed and to be constructed therein
and thereon are reasonably necessary for the convenience and welfare of the public
and that said land, structures and gas processing and storage facilities be exempt-
ed from the zoning by-law of the town of Yarmouth.
D.P.U. 15972E is similar petition except that two additional propane stor-
age tanks are involved and permission is requested to continue to use the two
existing satellite (LNG) tanks for a limited period as permitted in D.P.U. 15972
dated January 15, 1969.
,irther, in both cases and under the provisions of section 105A of Chapter
• 2.
164 of said General Laws approval is requested of the manner in which and the
pressures at which all gas will be stored, processed, transported and distributed
in connection with the present and proposed (LNG) and propane facilities located
on the site in question.
The petitioner is a gas company as defined by Chapter 164 of the General
Laws and is a public service corporation providing gas service to the town of
Yarmouth and several other towns in the Cape Cod area.
In the case of D.P.U. 15972A a public hearing was held at. the Leverett
Saltonstall Building on August 3, 1971. A similar hearing was held at the same
location on September 23, 1971 for D.P.U. 15972B. In both cases all parties in in-
terest were given an opportunity to be heard and no one appeared in opposition.
The estimated peak day send out for 1971-72 is estimated to be 34,900 MCP
and will consist of 16,176 MCF of natural gas and 18,724 MCP of peak shaving gas.
No additional pipeline gas will be available until 1973-4 when 3000 MCF/day of
synthetic (Naptha) natural gas will be supplied by Algonquin Gas Transmission Com-
pany. No further additional pipeline gas will be available for the foreseeable
future. Peak load forecasts have nearly doubled since the 1968 hearing. The only
way this peak load can be supplied is by making available more propane and (LNG)
which will require the addition of the storage tanks outlined herein.
At the time of the D.P.U. 15972A hearing, it was anticipated that the
petitioner's 50,000 barrel insulated and lined concrete storage vessel would be
complete and in service and it was proposed that the two smaller (LNG) tanks be
converted to propane storage. A similar concrete•tank presently under construction
in Rhode Island has developed cold spots on the walls of the structure due to con-
traction. These cold spots were anticipated and have now been measured and the
necessary changes in design have been made. However, it is too late now to com-
plete the large tank for this heating season. Therefore the two small tanks must
continue to be used for (LNG) storage this season but will hopefully be converted
to propane storage before the 72-73 season. It has become necessary to install
3.
two new propane storage tanks immediately and to continue to fill the existing
satellite tanks with (LNG) to meet this season's peak. Due to the inability of
the petitioner to purchase sufficient quantities of pipe line gas to meet its peak
requirements for some time to came it will be necessary to install more propane
storage and continue to use a mixture of propane and (LNG) on days of heavy demand.
The petitioner, therefore, proposes to convert the two existing satellite
tanks for additional propane storage upon completion of the larger cement tank in
early 1972. This will require certain modification of piping systems and controls
as well as the removal of the dike and the leveling of the diked area.
To provide peak shaving gas for this heating season (71-72) the petitioner
proposes to install two new propane tanks on the site each with a water capacity
of 60,000 gallons. They will be located in a separately fenced area about 150
feet from the nearest (LNG) tank. In addition there will be new propane unloading
station end pump pad plus a propane air plant. The tanks will be 90 feet 4 5/8
inches overall in length and 10 feet 11 7/8 inches in diameter. The heads will be
made of SA-455-B steel and the shell Of SA-515-(0 all having a thickness of 0.9375
inches. The tanks will be supported by curved concrete piers increasing the over-
all height to 15 feet and painted white.
The propane-air plant will consist of two units, a vaporizer housed in a
fiber glass box-like pre-fabricated structure 14 feet in length 11 feet wide and
10 feet high. The body will be 5 feet in diameter and 12 feet in length with a
12 inch stack 18 feet in height above ground.
The second building will be similar in design and construction, 18 X 11 X
10 feet high housing the 2 compressors, electrical control panels and related
apparatus. Both buildings will be painted white with blue trim.
Construction authorized in D.P.U. 15972 is in process according to plan.
However, due to the short supply of pipeline gas, the date of construction for the
liquefaction plant has not been set. Originally it was planned to mound the area
around the large storage vessel. Present plans, however, provide for a berm of
4.
similar height around this vessel. In addition, initial plans provided a minimum
distance of 300 feet from this .tank to the nearest property line. It is now pro-
posed to redciue this distance to 237 feet on the side adjacent to the railroad
right of way which is well within the limits of our present code.
LNG is a relatively new field of cryogenic technology. This Department's
first construction and maintenance standards were issued in 1965 and are presently
being reviewed. New standards will be adopted in the near future. The petitioner
is aware of this and agrees that when new code requirements indicate the need for
improvement in, its safety precautions, it will make such improvements.
• As previously stated the dike presently surrounding the two satellite tanks
must be removed and the containment area filled before the tanks can be used for
(LNG) at this location. Diking requirements in existence at that time must be
complied with.
All fire protection required in D.P.U. 159(2 will be installed and two dry
type portable fire extinguishers will be added. Combustible gas detectors will be
placed in the immediate area of the new storage vessel outlets and pumps to detect,
• any 1ealzage of propane vapors. •
The site is presently in an industrial zone under the zoning by-laws of the
town of Yarmouth and the use of the land for the purpose alleged is not permitted
by said by-law.
After notice, public hearings, investigation and consideration the Depart-
ment hereby
DECIDES that the situation of the parcel of land in question and the pro-
posed facilities for the storage and processing of propane and the facilities for
the liquefaction of natural gas and the storage and regasification of (LNG) and
related equipment constructed or to be constructed or modified thereon and therein
are reasonably necessary for the convenience and welfare of the public providing
there is compliance with the provisions of this order.
Accordingly, it is
5.
ORDERED: That the parcel of land in the town of Yarmouth, Barnstable
County, Massachusetts, located off the southerly side of White's Path, approxi-
mately thirty-five hundred feet easterly of its intersection with Station Avenue
in said town, substantially as shown on a plan on tile with the petition entitled
"Plan of Land in South Yarmouth, Massachusetts, belonging to Buzzards Bay Gas Com-
pany Naming Abutters of Record and Showing LNG Facility Location - Date 11/9/68
Scale 1 in. = 100 ft." and further identified as Exhibit 3 at the original hear-
ing, also shown on a land court plan entitled "Subdivision plan of land in. South
Yarmouth - Scale One hundred feet to an inch - Thomas E. Kelley, Surveyor - South
Yarmouth, Massachusetts - November 30, 1970 and further identified as Exhibit 14
at the August 3, 1971 hearing,-but more fully bounded and described as follows:
EASTERLY by White's Path, a public way, Forty-five and 11/100ths
(45.11) feet;
SO , Y by Lot 5 as shown on Plan hereinafter mentioned, Four
Hundred Ninety-Two and 18/100ths (492.18) feet;
NORTHEASTERLY by said Lot 5, Four Hundred Fifty-three and 96/100ths
(493.96) feet;
NORTHEASTERLY by land of Ken-Mac Realty Trust Six Hundred Ninety-eight
and 16/100ths (698.16) feet;
NORTHEASTERLY by land of Thomas E. Kelley, One Hundred Ninety-seven and
78/100ths (197.78) feet;
SOUTHEASTERLY by land of Ken-Mac Realty Trust, Five Hundred Ninety-three
and 69/100ths (593.69)
NORTHEASTERLY again by said land of Ken-Mac Realty Trust Two Hundred
Twenty-seven and 57/100ths (227.57) feet;
NORTHWESTERLY again by said land of Ken-Mac Realty Trust Six Hundred Two
and 71/100ths (602.71) feet;
EASTERLY by White's Path, a public way, one Hundred Seventeen and
58/l00ths (117.58);
SOUTHEASTERLY by Lot 7, as shown on plan herein mentioned, Nine Hundred
Twenty-four and 72/lOOths (924.72) feet;
SOUTHWESTERLY by land of the Trustees of The New York, New Haven and
Hartford Railroad Company, One Thousand Seven Hundred
Forty-seven and 4/10Oths (1,747.04) feet and
NORTHWESTERLY by land of Alice B. Davis One Thousand Two Hundred Forty-
eight and 59/100ths (1,248.59) feet;
6.
and containing twenty-nine acres more or less and the liquefied natural gas pro-
cessing, storage facilities and regasifieation equipment, the storage and process-
ing facilities for propane and all related structures to be installed and presently
installed thereon and therein be and hereby are exempted from the operation of the
zoning by-law of the town of Yarmouth under the provisions of section 10 of Chapter
40A of the General Laws of Massachusetts to the extent that they may be used for
or in connection with the processing, transportation, liquefaction and regasifica-
tion and storage of liquefied natural gas, and the storage, processing and use of
propane, subject, however, to the following restrictions and conditions:
A. That the proposed facilities shall be constructed in accordance with
all the requirements of Massachusetts Department of Public Utilities Order 11725-E.
B. That fire protection equipment shall be satisfactory to the Department.
C. That gas leakage detection devices shall be satisfactory to the De-
partment.
D. That the site shall be suitably landscaped in a manner to be approved
by the Department and that a tree belt around the perimeter of the property be
maintained.
E. The emission of contaminants from the exhaust stacks shall not exceed
5 ppm of the following: Sulphur Dioxide (SO2), Ethylene (CH-CH2) and Aldehydes
(HCHO & CHO).
The ambient air at the property line shall not contain tore than the
following quantities of contaminants:
Contaminants Air Quality Criteria Emission Limitations
Sulphur dioxide 0.22 ppm 1 gram/sec.
(SO2)
Ethylene 0.1 ppm 0.5 granq/sec.
(CH2CH2)
Aldehydes 0.22 ppm 1.25 gram/sec.
(CHO)
as formaldehydos
(HCHO)
7.
F. Notice in writing shali be g vent the jiief Engineer )f the Depart-
ment not less than forty-eight hours before the start of construction or installa-
tion of the first container and related facilities, the second container and relat-
ed facilities and the liquefaction plant, auxiliary equipment and storage vessels
and all other facilities authorized herein, and no change in design, size or loca-
tion of any of the proposed storage and processing facilities shall be made with-
out the approval of the Department.
G. The total storage of liquefied natural gag at no time shall exceed
50,000 barrels or 185;000 MCP except to the extent authorized by the Department
after notice and hearing.
H. The total storage of liquid propane and ethylene for processing (LNG)
shall not exceed 9,000 gallons in each tank except to the extent authorized by the
Department.
I. The total storage of propane for peak shaving purposes shall not ex-
ceed 200,200 gallons except to the extent authorized by the Department after notice
and hearing.
J. Sound levels at the petitioner's property line shall not exceed 65 dB
on the A weighted scale (as prescribed by the USA Standards Institute) at any time.
The Department may, however, modify the sound levels from time to time.
K. When using (LNG) tanks for propane storage all dikes related to that
vessel or vessels shall be removed and containment areas filled.
By order of the Department
/s/ FRANCIS J. HICKEY, JR.
Secretary
A true copy
Attest:
Secretary
RECEIVED
L! ! J
5
E31uiLDING Ds-PAF+;
Mark Rielly
Anion Gamed Camel a:Dseelor
nationaigrid
MEMO
TO: Building Commissioner Mark Grylls;Administrator Robert L.Whritenour,Jr.
FROM: Mark Rielly
DATE: March 20,2025
SUBJECT: Zoning Opinion re:LNG Tank Replacement,127 White's Path
This memo provides a legal opinion regarding the applicability of the Town of
Yarmouth's Zoning Bylaw to the proposal of Boston Gas Company dlb/a National Grid
("National Grid"or the`Company")to replace its existing LNG tank(the"Replacement
Project")at the National Grid-owned property located at 127 White's Path,South Yarmouth(the
"Property").The Company's South Yarmouth LNG plant(the"Plant")is an essential element of
the natural gas distribution system that is needed to supply over 120,000 customers on Cape Cod.
The existing 2.1-million-gallon(50,000 baud)tank has operated safely and tenably for
approximately 50 years;however,it is approaching the end of its useful life and,given the
importance of the Plant to system reliability on the coldest winter days,it requires prompt
attention by National Grid.The Replacement Project will involve the in-kind replacement of the
existing LNG storage tank on the Property with a modern,full tank design,
consistent with industry safety features.
In short,in two related orders the Department of Public Utilities(DPU)exempted the
Plant and the Property from local zoning:Therefore,as detailed below,the Replacement Project
will not require any local zoning relief or approvals.
D.P.U.Zoning Exemptions
On January 15, 1969,pursuant to its authority under G.L. Chapter 40A, Section 3,1the
DPU issued an Order in Docket D.P.U. 15972 approving with conditions the petition of the
Buzzards Bay Gas Company(BBGC),a predecessor operating company of National Grid,for(i)
a zoning exemption,(ii)a determination that the mama.and the pressures at which gas will be
stored, transported and distributed in connection with the proposed LNG plant; and (iii) an
exemption to allow a minimum distance to property lines of not less than 300 feet ("1969
Order").In that docket,BBGC proposed to address"the additional peaking capacity necessary to
meet the ever-increasing loads"by initially installing a single 63,000-gallon LNG storage tank
G.L.c.40A,section 3 provides in relevant pert as follows
Lands or structures used,orb be used by a public service corporation may be exempted in particular
respects from the operation of a zoning ordinance or by-law it upon petition of the corporation,die
deportment of adeeommrmicetioas and cable or the department of public utilities shall,afar notice given
pursuant to section damn and public beating in the town or city,determine the exemptions required and
find that the present or proposed use of the land or dructu a is reasonably necessary for the convenience or
welfare of the public.
1
surrounded nded by an earthen dyke,a vaporizer,and a control building.BBGC anticipated needing to
install a second tank within two years. It also proposed that in or about 1975 it would replace
these tanks with an LNG processing plant and"a 50,000 bane!or 185,000 MCP insulated and
lined concrete storage vessel"
The 1969 Order exempted not only the project proposed at that time(i.e.,the construction
of the existing facility),but also the Property as a whole:
ORDERED: 1Latthepsrodafh odiathetownotYamouth,BamstableComtty,
Mamac4rsdts loonedoffthesoutlerly skbofWlitesPath,approximatdythitty-
fivelemdredfeeteastedyofitsinientectionwithStationAvenneinsaidtown,
substantiallyasshownonaplanonfilewidithepetilionemilkdRlanoffiandin
SouthYammuth,Massachusetts,BelongingtoBieminkBayGasCompany
Naming AbdlnsofReooadardShowingLNGFaciity Landon-Dale11/9/68
Seale in.-100R"aaifurthhe ridaatidied asExhilit3 attic hearing but=irefully
boundedmddesciibed asfollows:[metes and bounds description and plan
information omitted]and the liquefied natural gas processing,storage
facilities and repulfiation equipment and related structures lobe installed
thereon and therein be and hereby areexampted from the operation ofthe zoning by
lawof thetown of Yarmouth under the provisions ofsection 10 of Chapter 40A of
the General LawsofMassachusetts totheextent thatthey may be used for or in
oomoctionwithihepooeasing amdregasifuca6onaud
storageofmdaaigas.(Emphasis added).
The proposed tank replacement is intended to enable the continued use of the Property"for or in
contraction with the processing,transportation,liquefactionamdregasificationandstorageofmhnalgas".
Accordingly,the 1969 Order remains in fall*ate aid effect to exempt the Property from local
zoning regulation.2
BBGC subsequently petitioned to amend the 1969 Order and to be granted a new
exemption because of necessary modifications to the facility, including the installation of two
new 60,000 gallon propane storage tanks and the continued use of two existing satellite tanks for
a limited period until construction on of the larger concrete LNG tarok could be completed. On
November 5, 1971, the Department approved BBGC's petition by Order in Docket D.P.U.
15972A&B("1971 Order").The 1971 Order similarly stated that the zoning exemption remained
in effect so long as the Property and the facilities and structures on it were used for LNG storage,
from local zoning regulation so long as it was used for the processing, transportation,
liquefaction and regasification of LNG.
In accordance with the DPU's 1969 and 1971 Orders,the Property and the LNG facilities
located thereon coetimme to be exempt from local zoning regulation, meaning that the Project
does not require any zoning approvals or relief that it would otherwise require.
r In granting the requested maemptioos from Yarmouth coning,the DM imposed attain conditions,including that,
"cite minimum der disi.eoc from the edge of any centime id not be lass then flues hundred feet to the nearest
property line".and"[tlhs total storage of(LNG]at no time shall exceed 50,000 or 185,000MCF'.The Project will
comply with these conditions.
2
In the absence of the zoning exemptions gnarled by the DPU,the Project likely would
require a Special Permit from the Board of Appeals.lel Zoning Bylaw Use Table at§202.5(F8)
(designating"Public Utility"uses as"BA",meaning that it is"Permitted only under a Special
Permit issued by the Board of Appeals",for properties located in the B3 Business Zoning
District).The tank might also require a dimensional variance for height as it is proposed to
exceed 85 feet in height,greater than the 35-foot maximum height set forth in Section 203.4.2,
Table of Maximum Building Height.3
The Company will secure all other necessary permits and approvals. Notably, the
Company and its consultants have determined that the Replacement Project will not require any
Federal or state environmental permits, including review pursuant to the Maw
Environmental Policy Act eMEPA"). The Company will notify the DPU Division of Pipeline
Safety, acting as the agent for the federal Pipeline and Hazardous Materials Safety
Administration,at least 60 days before consnuctiwt as required under 49 C.F.R. 191.22(c).The
Project will be covered under the National Pollutant Discharge Elimination System("NPDES")
Construction General Permit Locally,the Company will secure stormwater permits and once the
replacement tank is in-service, the Company smticipates seeking a demolition permit from the
Town pursuant to 780 C.MR.105(Demolition Permit).
The DPU's 1969 and 1971 Orders exempt the Plant and the Property from the Town of
Yarmouth's zoning regulations for so long as"they may be used for of in connection with the
processing,transportation,liquefaction and regastf cation and storage of natural gas".Because
the Company will cantinne the use of the Property for those purposes,the DPU's Orders
continue in full force and effect such that the Company does not require any local zoning relief
or approvals for the Replacement Project.
3 The Rephicemeat Project will sot generate,treat,store or dispose of bswdoas waste subject to M.GL.c.21C and
310 CMR 30.000,cod thus will comply with the Aquifer Promotion Overlay regdatioos. SeLZoning Bylaw,¢
406A.1.
3
�,rog Y 4.,\ TOWN OF YARMOUTH
('� �``}'. o>.-, Office of the Building Commissioner
cl
1146 Route 28, South Yarmouth, MA 02664
MATTAENLL6L 508-398-2231 ext. 1260 Fax 508-398-0836
sNC°RPORATE°\,','
_J�
Mr.William Ciocca May 16,2025
Community Engagement Manager
National Grid
Re: LNG Tank Replacement
Dear Mr Ciocca,
Thank you for your patience while the details of the proposed project were under review. While it is understood how
important this project is to the Town of Yarmouth as well as Cape Cod,a thorough review was required to start the project
on the right foot.
I have reviewed the original D.P.U. decision #15972, Jan. 15, 1969, and decisions #15972A and #15972B dated Nov. 5,
1971. I have also reviewed the legal opinion dated April 17,2025, by Asst. General Counsel Mark R. Rielly. I have also had
communication with Town Counsel and have come to the conclusion that at a minimum, a modification of the existing
order(s)will be necessary to replace the LNG tank.
Absent any modification to existing decisions or a new decision from the Department of Public Utilities, a Special Permit
will be required from the Town of Yarmouth Zoning Board of Appeals as required by Table 202.5. Use F8.
Alternatively,you may appeal this order to the Zoning Board of Appeals as allowed by MGL c.40a §7&§15.
I am available for any questions you may have.
Very truly,
Mark Grylls
Director of Inspectional Services/Building Commissioner
C:Town Counsel
Robert Whritenour—Town Administrator