Henniker
Power plant meeting continued
By Amy Augustine
Monitor staff
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July 18, 2008 - 12:00 am
Opponents of a proposed biomass power plant may have made their voices heard before the Henniker Zoning Board on Wednesday night, but the debate is far from over.
After about four hours, the zoning board agreed to continue the meeting for the second time since May on a proposal by Laidlaw Energy Group. Laidlaw hopes to build a 20-megawatt, wood-burning power plant on Old Concord Road in the town's heavy commercial district. Under zoning regulations, it does not meet the land-use definition of a commercial industry, because it does not produce a manufactured good. The company has requested two variances from the town to meet zoning regulations.
Residents against the plan, including several lawyers from the environmental group REACH, were given the last hour of the meeting to challenge Laidlaw's proposal for the land-use variance. The next meeting, slated for Aug. 20, will allow the company and proponents to respond.
"These are highly emotionally charged issues where people on both sides are looking to the zoning board for an answer," said Selectman Leon Parker, former chairman of the Henniker Zoning Board.
If the zoning board decides the company meets the requirements for a land-use variance, it must prove it also qualifies for an area-use variance for an 80-foot building to house the plant's boiler. If those are cleared, it would go before the planning board for approval.
Although Wednesday night's meeting had been intended for the company to convince the board of why it should be granted a use variance, it came prepared with a new argument: The plant falls under the standards of a separate entity, a light commercial industry, and therefore does not need a variance.
Zoning regulations state that in order for industrial operations to fall into the light commercial category, dust, fumes, odors, smoke and vapors must be contained to avoid any air pollution. According to Laidlaw's application, the plant would include a smokestack, which the company says would feature emissions controls that would prevent air pollution.
"Our assertion is this will not create air pollution under any statute recognized by state or federal law," said Laidlaw President and CEO Michael Bartoszek.
After questions arose over whether Laidlaw needed to make a formal submission to the board for the new proposal, Laura Scott, the town's contracted planning consultant, said she advised Bartoszek in earlier discussions that the plant would not fall into the light commercial category, because of possible pollution concerns.
"I was not aware that they'd had prior conversations. I certainly apologize for that," said Laidlaw attorney Jack McCormack, who sent Scott a letter before the meeting questioning the use variance. "Pollution, to me, is something that exceeds accepted levels. I want to make it very clear that I wasn't trying to change the rules late in the game."
The board ruled that Scott's decision did not count as an administrative one and then voted 3-2 to reject Laidlaw's proposal to be considered a light commercial industry.
AI
