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HomeMy WebLinkAbout0180 AIRPORT WAY (5) vo Town of Barnstable r Regulatory Services q„ Thomas F.Geiler,Director saxxsrAs . : Building Division MAW 1639. Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230. November 16, 2012 To Whom It May Concern: Please be advised that the solar array at 180 Airport Way, Hyannis is complete. did a final inspection for the project on November 15, 2012. If you should require additional information, please do not hesitate to contact me. Sincerely, Thomas Perry, CBO Building Commissioner I TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel �C� Uv Application # Health Division Date Issued c 3Adcl/1D-- Conservation Division 6,,,�Pd cKI/ IEW"1 0 Application Fee Planning Dept. Permit Fee 3 6X6, Date Definitive Plan Approved by Planning Board Historic - OKH _Preservation/ Hyannis Project Street Address 48,5:�, /41M/ of WX Y Village Owner W11 A1®1*11%/4F,-- `Fifa,5f Address 2& 110 4 Al e)A/ Telephone 7`74 ' Y_�of 34 Permit Request i�1C� vt /��' ' kla ll al-67440d , A1�1_r! A VG1 17 ���t s;7ee;o, Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation - 8WA f'C�� -Construction Type of Size �� S � S� Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family 0 Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other --p Basement Finished Area (sq.ft.) Basement Unfinished Are (sq.ft) CD Number of Baths: Full: existing new Half: existing t new Number of Bedrooms: existing _new - Total Room Count (not including baths): existing new First Floor-Room Covnt Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑ Other rn Central Air: ❑Yes ❑ No, Fireplaces: Existing New Existing wood/coal stove: ❑Yes '❑ No Detached garage: ❑ existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ - Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION _ (BUILDER OR HOMEOWNER) Name //I/�S O�'r �r/y� �e.9 .S Telephone Number Y�1-Zr� 7-17S 7 Address ca �J/' /«'ry ➢ License# Home Improvement Contractor# 1,5_2.� 72 Worker's Compensation # h(2 V2 7-5 7 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO SIGNATURE DATE �� /l� iK E FOR'OFFICIAL USE ONLY APPLICATION# DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION - FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. s s 3225 MAIN STREET a P.O BOX 226 BARNSTABLE, MASSACHUSETTS 02630 CAPE COD (508) 362-3828 ® Fax (508) 362-3136 • www.capecocicommission.org COMMISSION PRELIMINARY.CERTIFICATE OF.COMPLIANCE I f FOR AIRPORT WAY NOMINEE TRUST Date: January 24, 2012 To: Luke Hinkle My Generation Energy,Inc. 3 Diamonds Path,Unit 2 South Dennis,MA o2660 f _ From: Cape Cod Commission Project Applicant: My Generation Energy,Inc. Property Owner:.. Airport Way Nominee Trust Project: Airport Way Nominee Trust Photovoltaic Project Project Location: 18o Airport Way,Hyannis,MA 026o1 Project Number: TR1io16 Registry of Deeds Book/Page#: 11953/1 I hereby certify that My Generation Energy,Inc.,the Applicant on the above referenced project, has properly compliedwith the Limited Development of Regional Impact(DRI) Hardship Exemption Decision dated December 15,2011. Specifically,the Applicant has complied with conditions GC8,WMC2,and WMC4 of the December 15, 2o11 Limited DRI Hardship Exemption decision requiring notification to Commission staff in writing 3o days prior to seeking the Preliminary Certificate of Compliance, submission of a Pollution Prevention and Emergency Response Plan for both the construction phase and normal operations,and a plan-that addresses the disposal of construction waste and which demonstrates how the Applicant proposes to handle solid wastes, construction and demolition waste and recyclable materials currently categorized by the[DEP] as a waste ban 2 material. Therefore,the Applicant has satisfied all necessary conditions of the December 15, toll decision for issuance of the Preliminary Certificate of Compliance. The Town of Barnstable Building Inspector is hereby authorized to issue a Building Permit for the Airport Way Nominee Trust Photovoltaic Project located at 18o Airport Way in Hyannis, MA. aul Niedi'WIC-cS,Executive Director Date COMMONWEALTH OF MASSACHUSETTS Barnstable,ss ,2012 Before me,the undersigned notary public,personally appeared baRl NI ejzwi ck. ,in his/her capacity as Executive Director of the Cape Cod Commission,whose name is signed on the preceding document,and such. person acknowledged to me that he/she signed'such document voluntarily for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification,which was[___] photographic identification with signature issued by a federal or state governmental agency, [—] oath or affirmation of a credible witness,or[VJ personal knowledge of the undersigned. Notary Puffitl My Commission Expires: KRISTY TAFT SENATORI qy , Notary Public Commonwealth of Massachusetts My Commission Expires on ° June 30.2017 Airport Way Nominee Trust Photovoltaic Project—Preliminary Certificate of Compliance January 24, 2012-Page 2 of 2 Message Page 1 of 1 Perry, Tom From: McLaughlin, Charles Sent: Wednesday, March 21, 2012 11:18 AM To: Perry, Tom L Cc: Elrick, Richard; 'Bernie Kilroy' Subject: My Generation Energy, 180 Airport Way Dear Tom, Confirming my conversation with you this morning, I am in receipt of executed documents which conform to the security requirements of the ordinance..I will provide copies to you for the file and originals will be deposited with the Clerk's Office. In light of the above, you may issue a building permit when you are otherwise ready to do so. Don't hesitate to call if you have any questions or comments. Thanks. Charlie McLaughlin Assistant Town Attorney t 3/22/2012 <Toname:---- <Tofaxaum:5087901414> ,CERTIFICATE OF INSURANCE o3/30/201� CHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW:THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN HE ISSUING INSURERS ,AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and.conditions of the policy,certain policies may require and endorsement.-A statement n this certificate does not confer rights to the certificate holder in lieu of such endorsement. PRODUCER Bryden&Sullivan Ins Agcy Inc Po Box 1497 South Dennis,MA 02660 COMPANIES AFFORDING INSURANCE COMPANY A GRANITE STATE INSURANCE COMPANY INSURED Baltic Company Inc P Y 87 Camp Opechee Road Centerville,MA 02632-0000 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE.LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOT WITHSTANDING ANYREQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE A WORKERS COMPENSATION D EMPLOYERS'LIABILITY LIMITS HE PROPRIETOR/ - ARTNERS/EXECUTIVE OFFICERS ARE: ` NCL❑EXCL❑ 7, 2502737 1 3/25/2011 1 3/25/2012 STATUTORY LIMITS OTHER Coverage Applies to MA Operalions Only. EACH ACCIDENT $ 500,000 ISEASE POLICY LIMIT $ 500,000 ISEASE-EACH EMPLOYEE $ 500,000 DESCRIPTION OF OPERATIONSIVEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION MY GENERATION ENERGY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES.BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE - 3 DIAMOND PATH,STE 2 WIHTE THE POLICY PROVISIONS. SOUTH DENNIS,MA 02660 AUTHORIZED REPRESENTATIVE Client#:23565 2MYGENERATIONEN DATE(MMMDNYYY) ACORD.', CERTIFICATE OF LIABILITY INSURANCE 1 03/02/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dowling&O'Neil PHONE 508 775-1620 FAX 5087781218 HONE No Ext: A/C, No Insurance Agency E-MAIL 973 lyannough Rd., PO Box 1990 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Hyannis,MA 02601 INSURER A:Nautilus Insurance Company INSURED INSURER B: My Generation Energy Inc. INSURER C 326 Yankee Drive INSURER D: Brewster,MA 02631 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L RR ADDLSUBR TYPE OF INSURANCE NSR WVD POLICY NUMBER MMIDDY EFF POLICY EXP LIMITS A GENERAL LIABILITY NN191817 12/15/2011 12/15/2012 EACH OCCURRENCE s2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea a.�a�rence $100,000 CLAIMS-MADE 51 OCCUR MED EXP(Any one person) $5,000 X BI/PD Ded:1,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $4,000,000 POLICY JECT PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Job: Solar at 180 Airport Way PV Project Insurance coverage is limited to the terms,conditions,exclusions,other limitations and endorsements. Nothing contained in the certificate of insurance shall be deemed to have altered,waived,or extended the coverage provided by the policy provisions. CERTIFICATE HOLDER CANCELLATION Town of Barnstable SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Hyannis,MA 02601 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S93080/M93079 LS1 OP ID:VG CERTIFICATE OF LIABILITY INSURANCE DATE(M 03/0211YYY) 2112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). NTACT PRODUCER 610-323-9420 NAME: Body-Borneman Associates Inc. 230E Schuylkill Road a/cNr o Ext: FAX No): Pottstown,PA 19465 E-MAIL David A.Guzik,REM,CRM,CIC ADDRESS: PRODUCER MYGEN-1 CUSTOMER ID#• INSURER(S)AFFORDING COVERAGE NAIC# INSURED My Generation Energy,Inc. -INSURER A:LIbe Mutual Insurance Co. 23043 326 Yankee Drive INSURERB: Brewster,MA 02631 INSURER C INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DD POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MWDD MM/DD GENERAL LIABILITY EACH OCCURRENCE $ DAMAGETO RENTED- COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PROEC� LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY X TORY LIMITS ER A ANY PROPRIETOR/PARTNERIEXECUTIVE YIN N C1-31 S-377422-11 04115/11 04/15/12 E.L.EACH ACCIDENT $ 100,00 OFFICERIMEMBER EXCLUDED? ❑ N I A (Mandatory in NH) EL.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION TOWNOF8 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Barnstable ACCORDANCE WITH THE POLICY PROVISIONS. Building Division Tom Perry AUTHORIZED REPRESENTATIVE 2 Main Street Hy y annis,MA 02601 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD `3225 MAIN STREET A PO . BOX 22b BARNSTABLE, MASSACHUSETTS 02630 CAPE CO® (508) 362-3828 Fax (508) 362 3136 www::capecodcommission.org COMMISSION PRELIMINAlZ '.CERTIFICATE®F COMPLIANCE FOR AIRPORT WAY NQMINEE'TRUST Date: January 24, 2012 .. To: Luke Hinkle . ; My Generation Energy, 3 Diamonds Path, Unit 2 South Dennis,MA 02660 " From: Cape Cod Commission Project Applicant:. My Generation Energy,Inc. Property Owner: Airport Way Nominee Trust Project: Airport Way-Nominee Trust Photovoltaic Project Project Location: 18o Airport Way, Hyannis, MA 026o1. Project Number: TR11o16 Registry of Deeds Book/Page#: 11953/1 I hereby certify that My Generation Energy,Inc.,the Applicant on the above referenced project, has properly complied with the Limited Development of Regional Impact(DRI) Hardship Exemption Decision dated December 15, 2011. Specifically, the Applicant has complied with conditions GC8,WMC2, and WMC4 of the December 15, 2o11 Limited DRI Hardship Exemption decision requiring notification to Commission staff in writing 3o days prior to seeking the Preliminary Certificate of Compliance, submission of a Pollution Prevention and Emergency.Response Plan for both the construction phase and normal operations, and a plan that addresses the disposal of construction waste and which demonstrates how the Applicant proposes to handle solid wastes, construction and demolition waste and recyclable materials currently categorized by the*[DEP] as a waste ban 2 material. Therefore,the Applicant has satisfied all necessary conditions,of the December 15, 2o11 decision for issuance of the Preliminary Certificate of Compliance. The Town of Barnstable Building Inspector is hereby authorized to issue a Building Permit for the Airport Way Nominee Trust Photovoltaic Project located at 18o Airport Way in Hyannis, MA. aul Niedz 'ec Executive Director Date COMMONWEALTH OF MASSACHUSETTS Barnstable, ss I d , 2012 - Before me,the undersigned notary public,personally appeared Maui Ni edultA ,in his/her capacity as Executive Director of the Cape Cod Commission,whose name is signed on the preceding document, and such F person acknowledged to me that he/she signed such document voluntarily.for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification,which was [_] photographic identification with signature issued by a federal or state governmental agency, [_]oath or affirmation of a credible witness, or[✓� personal knowledge of the undersigned.. Gh.R.1� Notary Pu i My Commission Expires: KRISTY TAFT SENATORI Notary Public r � Commonwealth.of Massachusetts My Commission Expires on June 30.2017 Airport Way Nominee Trust Photovoltaic Project—Preliminary Certificate of Compliance January 24, 2012 - Page 2 of 2 . 3225 MAIN STREET e PO B.OX 226 BARNSTABLE, MASSACHUSETTS 02630 CAPE COD (508) 362-3828 ® Fax (508) 362-3136 • .www.capecodcommission.org COMMISSION TO: Town of Barnstable Town Clerk, Building Inspector,Town Planner,Planning Board,'Conservation Commission, Board of Health; Board of Appeals, DRI Liaison, Chief of Police, and Fire Chief FROM: Gail Hanley, Clerk of the Commission SUBJECT:. Airport Way Nominee Trust Limited Development of Regional Impact(DRI) Hardship Exemption Project of Community Benefit Decision TRiioi6, HDEX!1o16 DATE: December 16,.2011 Enclosed lease find a co of the Limited DRI Hardship Exemption Project of Community p Py P p Benefit.Decision for the Airport Way Nominee Trust project that was approved by the Cape Cod Commission on December 15, 2011. Should you have any questions,please do not hesitate to contact our office. s e e-•s tV I - 3225 MAIN STREET P.O. BOX 226 BARNSTA ,BLE MASSACHUSETT S 02630 30 CAPE CO ® (508) 362-3828 ® Fax (508) 362-3136 o www.capecod*co.mmission.org COMMISSION Date: December 15, 2011 To: Luke Hinkle My Generation Energy,Inca 3 Diamonds Path,Unit 2 South Dennis,MA 02660 From: Cape Cod Commission Re: Limited Development of Regional Impact Hardship Exemption Cape Cod Commission Act, Sections 12, 13 and 23 Applicant: My Generation Energy,Inc. Owner: Airport Nominee Trust J. Bruce MacGregor 216 Thornton Drive Hyannis,MA.026o1 Project: Airport Way Nominee Trust - 18o Airport Way Hyannis,MA 026o1 Project#: TR1ioi6 Registry of.Deeds . Book/Page#: 11953/1 DECISION OF THE CAPE COI)COMMISSION SUMMARY The Cape Cod Commission ("Commission") hereby approves with conditions, the application of My Generation Energy, Inc. (hereinafter the "Applicant") for the Airport Way Nominee Trust project as a Limited Development of Regional Impact (DRI) Project of Community Benefit Hardship Exemption pursuant to Sections 12, 13 and 23 of the Cape Cod Commission Act (Act), C. 7i6 of the Acts of 1989, as.amended, for the construction of a 1.38 MW solar array at 18o Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December 15,2oi1 Page i of 21 Airport Way, Hyannis, Massachusetts. This decision is rendered pursuant to an ii-1 vote of the Commission on December 15, 2011. PROJECT DESCRIPTION The project is located at 18o Airport. Way, Hyannis, Massachusetts. The property. is zoned Limited Industrial. It is in the newly-created Ground Mounted Solar Photovoltaic overlay district. The site is also in the Adult Use Overlay District and a'portion of the site is located in the Wellhead Protection overlay district for the Town of Barnstable. The proposed project site is situated in a designated,Resource Protection Area (RPA) on the Regional Land Use Vision Map (RLUVM) due to its location within a DEP Zone II/Wellhead Protection Area and is mapped as Priority and Estimated Habitat by the Natural Heritage and Endangered Species Program (NHESP). The project site consists of approximately 12.5 acres of land, with approximately 50% presently developed for commercial/industrial use. The project site is located in a Significant Natural Resource Area due to the presence of mapped rare species habitat(for barrens buckmoth) and a public wellhead water supply protection area.The site is mapped as BioMap Core Habitat by the Natural Heritage and Endangered Species Program (NHESP) due to the presence of Species of Conservation Concern and rare species associated with the several coastal plain ponds in the vicinity of the project.site. According.to the application materials, the Airport Way Nominee Trust (hereafter, the "Airport Way" or the "Applicant"), a Massachusetts Limited Liability Company applied for Project of Community Benefit ("POCB") hardship exemption relief from certain minimum performance standards of the Commission's 2009 Regional Policy Plan to enable the construction of a solar. energy array with approximately, 1,380,000 Watt (1.38MW) peak output. The application materials evaluate the environmental benefits with respect to two main attributes: (1) avoided fuel acquisition (mining, drilling, processing, transportation, and storage) and (2) avoided byproducts and emissions from traditional electricity generation. According to the application materials, over the first twenty-five years of this project's operation, an estimated 45 GigaWatt hours (GWh) of energy will be produced. The application states that this project eliminates the requirement for approximately 213 billion cubic feet of natural gas, 8o pounds of enriched uranium, 2,150 tons of coal and 371,250 gallons of crude oil as well as the direct environmental impact of mining, extracting, processing, transporting, and storing these fuels and their production byproducts. The application,further states that the proposed project will avoid the . release of 30,150 pounds of NOx, 52,200 pounds of 502, and 31,666,500 pounds of CO2 and eliminate the creation of 8o pounds of spent nuclear fuel material, The Application materials state that the environmental, economic, and community leadership benefits of the proposed project.qualify it as a Project of Community Benefit for purposes of Hardship relief. PROCEDURAL HISTORY The applications for a.Limited Development of Regional Impact ("Limited DRI") arid a Project of Community Benefit Hardship Exemption were received by the Commission on October 3, 2011. The Commission received the, referral from the Town of Barnstable .Building Commissioner, through the Interim Town Manager, on October 12, 2oi1. The project qualifies as a Development of Regional Impact (DRI) pursuant to Section 3(e)(iii) of the Commission's Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December 15,2011 Page 2 Of 21 I . Enabling Regulations (Revised March 2o11) as "new construction or development.that has a Total Project Area greater than 4o,600 square feet." The. Limited DRI Review and Project of Community Benefit Hardship Exemption applications were deemed to be substantially complete to proceed to a public hearing in a letter dated . November 21, 2011. In accordance with the Cape Cod Commission Act, a duly noticed public hearing on the DRI, Limited DRI and Project of Community Benefit Hardship Exemption was held on November 21, 2011 by an authorized subcommittee of the Commission at 5:30 pm at the Cape Cod Commission office at 3225 Main Street in Barnstable. :A site visit was conducted prior to that hearing. An additional public hearing was held on November.28, 2011 at the Cape Cod Commission, followed by a subcommittee meeting. . The subcommittee voted to continue the hearing to December 15, 2o11 at 3:00 PM at the.Assembly of Delegates Chamber of the First District Courthouse in Barnstable. At the subcommittee meeting which immediately followed the November 28, 2011 hearing, the subcommittee voted to limit the DRI review to the areas of Land Use, Wildlife & Plant Habitat, Open Space, Hazardous Materials/Waste, Solid Waste, Water Resources, and Economic Development and to approve the Limited DRI and Project of Community Benefit Hardship Exemption request and directed staff to draft a Limited DRI Project of Community Benefit Hardship Exemption approval decision with conditions. The Subcommittee held a public meeting on December 5, 2011. At this meeting, the subcommittee reviewed the Limited DRI Project of Community Benefit Hardship Exemption approval decision and voted to recommend approval of the draft written decision at.the Cape. Cod Commission meeting on December 15, 2011. A final public hearing was held before the full Cape Cod Commission on December 15,.2011. At the close of this hearing, the Commission voted to approve the project as a Limited DRI Project of Community Benefit Hardship Exemption,subject to conditions. MATERIALS SUBMITTED FOR THE RECORD In addition to the list of materials submitted for the record (see Table 1 below), the application and notices of public hearing relative thereto,the minutes of.public meetings and hearings, and all other written submissions received in the course of the proceedings are hereby incorporated into the record by reference. Tt�BLE*1: Materials Sub mitted"for the Recor`d :. ._ d k Materials from Cape Cod Commission Date Sent Email from Heather McElroy to Luke Hinkle re: open space 8/1o/11 calculation Email from Elizabeth Enos to William Gallagher confirming 10/3/11 receipt of materials. Letter sent via mail and email from EE to LH regarding 10/14/11 application completeness Email from EE to WG re:word document of completeness io/18/11 letter Email from EE to WG confirming receipt of materials 10/19/11 Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December 15,2011 Page 3 of 21 Email from EE to WG regarding missing documents 10/20/11' Letter from EE to LH regarding DRI referral 10/21/11 Email correspondence between.HM and LH regarding NRI 10/21/11 requirement Email from EE to LH regarding ED4.1 10/25/11 Email correspondence between EE and LH.regarding 10/28/11 Economic Development submission and scheduling Email from EE to LH regarding Water Resources comments 10/28/11 Email from Andy Walsh to LH re: water resources comments 11/1/11 Email from AW to LH re: nitrogen loading 11/3/11 Materials from Town of Barnstable website re: signage 11/3/11. Email from Leslie Richardson to LH re economic 11/4/11 develo ment Email from EE to Reggie Donahue confirming receipt.of 11/9/11 plans Email from EE to.LH re: materials for subcommittee 11/10/11 Email correspondence between EE and Liza Cox re: copy of 11/i6/i1 Staff Report Email from EE to subcommittee and applicant re: public 11/16/11 hearing and staff report Memo to subcommittee with Staff Report i1/i6/11 Email from EE to subcommittee and applicant requesting 11/17/11 availability for meetings Email from EE to Jo Anne Miller Buntich re: staff report 11/17/11 Hearing outline 11/21/11 Letter from EE to LH deeming the application complete 11/21/11 PowerPoint presented at hearing 11/21/11 Email from EE to JMB with attached refueling plan provided 11/22Y11 by the Applicant Email from EE to the subcommittee with attached 11/22/11 supplemental information provided by the Applicant and date for next meeting Email from Gail Hanley to Linda Hutchenrider with attached 11/22/11 hearing and meeting notices Memo from Andy Walsh to EE re: Haz Mats 11/22/11 Hearing outline 11/28/11 Email from EE to LH requesting application fee and 11/29/11 materials for mailing Email from Gail Hanley to Lind Hutchenrider with attached 11/30/11 hearing notice Email from EE to LH re: materials for mailing 12/1/11 Email from EE to subcommittee,Applicant and JMB with 12/1/11 attached draft decision Email from EE to Alan Clapp re: draft decision 12/2/11. Memos to subcommittee and CCC for mailing including draft 12/8/11 minutes of 12 5 and draft decision Email correspondence between EE and Cynthia McGrath re: 12/13/11 copy of draft decision Limited DRI Project of Community Benefit"Hardship Exemption Decision Airport:Way Nominee Trust December 15,2011 Page.4 of 21 Email correspondence between EE and JMB re: copy of 12/13/11 letter from RE Materials from Applicant Date Received Email from Luke Hinkle to Heather McElroy thanking her 8/10/11 for information Application materials 1'/3/11 Email from William Gallagher to Elizabeth Enos re: revised 10/3/11 project description Email from LH to EE re: application comments 10/14/11 Email from WG to EE requesting word document'of letter 10/17/11 Letter in response to incompleteness letter 10/18/11 Emails from WG to EE with attached supplemental materials lo/19/11 Email from WH to EE re:location.of information 10/20/11 Email from LH to HM re: Natural Resources Inventory 10/22/11 Email from LH to EE with info re: Economic Development 10/26/11 Email from LH to EE re: scheduling 10/27/11 Email from LH to Leslie Richardson re: ED4.1 11/5/11 Email correspondence between LH and Andy Walsh.re: on- 11/8/11 site transformer • revised site plans 11 11 Email from Ginny Warren to EE re. e p /9/ Email from LH to EE re: materials for the subcommittee 11/10/11 Revised application materials' 11/14/11 Email from Reggie Donahue to EE re: updated plans 11/16/11 Email from LH to EE re: scheduling and staff report 11/16/11 PowerPoint presented at hearing 11/21/11 Revised refueling plan and construction management plan 11/21/11 Email from LH to EE re: most recent plans 11/29/11 Check for remainder of application fee 12/1/11 Email from LH to EE re: check in mail 11/30/11 Email from LH to EE re: materials for mailing 12/1/11 Materials from Public Date Received A encies Towns State Federal Letter and email from Richard Elrick, Energy Coordinator 9/19/11 for the Town of Barnstable in support of the project Email from Jo Anne Miller Buntich, Director of Growth 11/1�/11 Management for the Town of Barnstable re: consistency with local bylaws, comprehensive plan and DCPCs Email from JMB to EE re: refueling plan provided by the 11/28/11 Applicant ' Email from JMBL to EE requesting copy of letter from RE 12/13/11 Materials to/front Members of the Public Date Received Email correspondence between EE and Liza Cox regarding 1i/16/i1 copy of the staff report Email from Alan Clapp thanking EE for draft decision 12/4/11 Email correspondence between Cynthia McGrath and EE re: 12/13/11 copy of draft decision - Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust. December 15,2011 Page 5 of 21 TESTIMONY November 21, 2011 Public Hearin A Cape Cod Commission (Commission) subcommittee held a public hearing on the proposed Development of Regional Impact(DRI) for Airport Way Nominee Trust(the"Applicant") at 18o Airport Way in Hyannis, MA, for the purpose of taking comments and testimony on the project. Elizabeth Enos,.Regulatory Officer for the Commission, presented the Staff Report, including the existing setting, project description, procedural overview, standards of review and approval, Commission staff analysis including Land Use, Economic Development, Water Resources, Coastal Resources, Natural Resources, Transportation, Waste Management, Energy, Affordable Housing, and Heritage Preservation and Community Character, and conclusions and recommendations. Luke Hinkle, on behalf of the Applicant, provided a PowerPoint presentation. The subcommittee discussed possible glare from the solar panels and potential effects on airplanes as well as containment of the on-site transformer and the pro-forma for the project and anticipated profits. Jo Anne Miller Buntich, Director of Growth Management for the. Town of Barnstable, discussed the projects consistency with the Town of Barnstable local development bylaws, local comprehensive plan, and applicable DCPCs. She stated that the FAA does not have any concerns.about the project and that she was pleased to see that the Applicant submitted a new refueling plan as the project is in a Wellhead Protection Area. Bill Richardson of Jacobs Engineering (Airport Environmental and Aviation Consultants) stated that the airport is in favor-of the-project and.that it does not conflict with long-term plans of the airport.. The hearing was continued to Monday, November 28, 2011 at 1:0o PM at the Cape Cod Commission, Barnstable,MA. November 28, 2oi1 Public Hearin A Commission subcommittee held a public hearing on the proposed DRI for Airport Way Nominee Trust at 18o Airport Way in Hyannis, MA, for the purpose of taking comments and testimony on the project. Elizabeth Enos, Regulatory Officer for the Commission, updated the subcommittee on the project, clarifying that the entire project site is located in a Wellhead Protection Area as designated by the Commission's Regional Policy Plan. Luke Hinkle, on behalf of the Applicant, clarified the amount of transformer fluid to be held within the on-site . transformer.. Richard Elrick, Energy Coordinator for the Town of Barnstable, spoke in favor of the project and urged the subcommittee to support the Hardship Exemption request. The hearing was continued to Thursday, December 15, 2oii at 3:00 PM at the Assembly of Delegates Chamber, is'District Courthouse, Barnstable, MA. November 28, 2011 Subcommittee Meeting A Commission subcommittee held a public meeting on the proposed DRI for Airport Way Nominee Trust at 18o Airport Way in Hyannis, MA, for the purpose of deliberating on the project. The subcommittee voted unanimously to approve the project as a Project of Community Benefit Hardship Exemption and Limited DRI. The subcommittee voted to limit DRI review to the issue areas of Land Use, Wildlife&Plant Habitat, Open Space, Hazardous Materials/Waste, Solid Waste, Water Resources, and Economic Development and to grant Hardship Relief with regards to the Open Space requirements. The subcommittee directed staff to draft a written decision. December 5, 2011 Subcommittee Meeting Elizabeth Enos, Regulatory Officer with the Commission, reviewed the draft decision page by page with the subcommittee. The subcommittee voted unanimously to recommend approval of the draft written decision to the full Commission at the December 15, 2011 Cape Cod Commission meeting. The subcommittee also approved the minutes of the November 21, 2011. Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December 15,2011 Page 6 of 21 I� public hearing, the November 28, 2011 public hearing, and the November 28, 2011 subcommittee meeting. JURISDICTION The applications for a Limited Development of Regional Impact ("Limited DRI") and a Project of Community Benefit-Hardship Exemption were received by the Commission on October 3, 2011. The project qualifies as a Development of Regional Impact (DRI) pursuant to.Section 3(e)(iii) of the Commission's Enabling Regulations (Revised March 2011) as "new construction or development that has a Total Project Area greater than 40,000 square feet." FINDINGS The Commission has considered the Limited DRI / Project of Community Benefit Hardship Exemption application of My Generation Energy, Inc. for the proposed construction of a 1.38 MW solar array at 18o Airport Way, Hyannis, Massachusetts. Based on consideration of such applications and upon the information presented at the public hearings and submitted for the record, makes the following findings,pursuant to Sections 12, 13 and 23 of the Act: General Findings GFi. The Commission.finds that the project's DRI Review is limited to the issue areas of Land Use, Wildlife & Plant Habitat, Open Space, Hazardous Materials/Waste, Solid , Waste,Water Resources,and Economic Development. GF2. As the date of the first substantive public hearing was November 21, 2011, this project was reviewed subject to the 2oog Regional Policy Plan (RPP), as amended in May 2011. GF3. The project location is 18o Airport Way in Hyannis. The site is zoned for Limited Industrial use. GF4. The project site, as described in the application, is approximately 12.5 acres of land, with approximately 50%presently developed for commercial/industrial use. GF5. Airport Way Nominee Trust (the Applicant) proposes to construct a solar energy _array with approximately 1,390,000 Watt (1.38MW) peak output on approximately 4.4.acres of land. GF6. The Commission adopts the November 17' 2011 written testimony and November 21, 2011 oral testimony of Ms. Jo Anne Miller Buntich, Director of.Growth Management for the Town of Barnstable,and finds that the proposed project is consistent with Barnstable's local development bylaws, Districts of Critical Planning Concern and Local Comprehensive Plan. GF7. The Commission finds that the probable benefits of the proposed development are greater than the probable detriments of the proposed project. Probable benefits of the proposed project include providing energy to local businesses, providing a local green energy resource, the lack of impervious surfaces and reduction in nitrogen load, and the enhancement to wildlife as a result.of replacing any future development at the site. The Commission further finds that the project meets Best Development Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December 15,2011 Page 7 of 21 Practices ED3.1 (Local Labor and Service Providers), ED3:2 (Local Ownership),and ED3.5 (Regional Import Substitution),'which are benefits of the proposed project. GF8. The Commission finds that the project will be constructed in accordance with the . following plan set entitled "My Generation Energy" designed by Coastal Engineering Company, Inc., dated November 16, 2011 (attached to this decision as Exhibit A and incorporated by reference): • Sheet Co.o.1 titled"Cover Sheet" Sheet C2.1.1 titled"Layout and Materials Plan" • Sheet C2.2.1 titled"Site Plan Showing Drainage, Grading,and.Utilities" • Sheet C2.4.1 titled"Site and Erosion Control Details" . • Sheet C2.4.2 titled"Site and Drainage Details". GFg. The Commission finds that the proposed project confers upon or results in distinct benefits to the community and the citizens..of Barnstable County, consistent with Sections i(a) and i(c) of the Cape Cod Commission Act, and as such can be considered a Project of Community Benefit. GFio. The Commission finds that the Applicant has met the burden of proving that a hardship exists in complying with Minimum Performance Standard OS1.2 and OS1.3 of the Regional Policy Plan, as full compliance with the requirements of MPS OS1.2. and OS1.3 would constitute a hardship by diminishing the community benefits to be conferred, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Act. The Commission further finds that the relief granted relates directly to the nature of the identified hardship and is the minimum relief necessary to address the hardship. Affordable Housing AHFi. The Commission finds that the proposed project falls under the `Other" category for the purpose of the affordable housing mitigation required under AH3.1. The Applicant has provided sufficient documentation that the ongoing maintenance and operation of the solar array will require fewer than the equivalent of three full-time on-site or contracted employees. In addition,this project involves facilities in which a calculation of building square footage is not feasible or appropriate. Therefore, in accordance.with Technical Bulletin.#io-oo1 (Guidelines for Calculation of Mitigation for DRIs in "Other" Category for Minimum Performance Standard AH3.1), the Commission finds that the Affordable Housing Minimum Performance Standards are not applicable to this project and do not need to be included in the scope of DRI review. Heritage Preservation and Community Character HPCCFI. The proposed project is located outside of any historic districts and there are no historic structures or cultural landscapes on the site. On August 15, Mil,the Massachusetts Historical Commission(MHC) determined that"the project is unlikely to affect significant historic or archaeological resources". Therefore,the Commission finds that the project is consistent with the Heritage Preservation section of the RPP. Limited DRI Project of Community Benefit Hardship Exemption Decision Airport.Way Nominee Trust December 15,2011 Page 8 of 21 F HPCCF2. The proposed ground mounted solar panels will stand 7 feet above the ground, with each row of solar panels being approximately 12.5 feet wide, and 38o feet in length.. Twenty rows of panels are proposed, located to the east.of the existing buildings on- site. The facility will be located at least 64 feet from the front property line and enclosed within a 6-foot-high chain link fence. There are no designated scenic views or regional roads in the vicinity of the project site. The project will be visible from Airport Way, which is a road that is characterized by wooded road edges, but also includes long stretches of chain link airport fencing and the existing industrial uses on the subject property and at the NSTAR substation. Airport Way dead-ends at the airport property and is not a frequently traveled street. The project may also be visible from locations on the airport property, and parts of the industrial areas of Barnstable around Airport Road and Attucks Lane, although these public locations are at least 2,000.feet from the nearest part of the facility. Although the project will result in the clearing of a large area of woodland, a buffer to the road is retained that should maintain the existing wooded road edge character. Views from, and across the airport property are limited, with screening vegetation, and buildings on.both the subject property, and vegetation on the airport property, screening any open views to the facility. The remainder of the property is mostly surrounded by wooded areas, except for the cleared area in the NSTAR right-of-way that is currently occupied by high tension wires and a substation. Therefore, the Commission finds that the project is consistent with, and will not involve deviation from, Minimum Performance Standard HPCC2.3 and is unlikely to have any significant impact on the community character of the region. HPCCF3. The project does not involve the construction of a building, so MPS HPCC2.4 (consistency with regional context), HPCC2.5 (footprints over 15,00o sf) and HPCCC2.6 (Building forms and facades) do not apply. MPS HPCC2.7 allows the use of non-traditional materials,forms and site designs in industrial parks or other areas not visible from scenic or regional roadways.In these cases,maintenance of adequate buffers on the subject property is required to screen the new development from view. The project will not be visible from any scenic or regional roadway and will be screened by wooded buffers around.the periphery of the property. The Commission finds that the non-traditional forms and materials used in the facility are appropriate for an area zoned as Limited Industrial. Therefore, the Commission finds that the project is consistent with, and will not involve deviation from, Minimum Performance Standard HPCC2.7. - HPCCF4. The Commission finds that the project will not have significant impacts on the purposes and values identified by Section One of the Commission Act with respect to project siting; building design or cultural resources, and as such, do not need to be included in the scope of Limited DRI Review. Landscapmg LF1. The Commission finds that Minimum Performance Standards HPCC2.8 (Parking to the side and rear. of buildings) and HPCC2.9 (Landscaping Improvements for Redevelopment) do not apply to the proposed project, as these standards address buildings and redevelopment. The proposed development has listed a planting schedule and narrative explaining how buffers will be kept on site. The Commission Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December 15,2011 Page 9 of 21 finds that proposed plantings are consistent with landscaping standards set forth in the RPP. Requirements of HPCC2.10 include the submittal of a maintenance agreement,which the Applicant has provided and is deemed appropriate to meet the needs of the landscaping that is proposed onsite. As such, the Commission finds that the proposed project is consistent with HPCC2.1o. As the project is located at the end of a previously developed industrial road and proposes to keep existing buffers and does not include a traditional building redevelopment, the Commission finds that landscaping does not need to be included in the.scope of Limited DRI review. Exterior Lighting Design EXLF1. Based on the materials submitted for the record, including clarification from the Applicant that there will be no illumination of onsite signage, the Commission finds that the Exterior Lighting issue area of the RPP is not applicable to the proposed project and should not be included in the scope of DRI review. Transportation TF1. Based on the application materials, the project is not expected to generate any daily traffic. As the project will not generate more than 25o daily trips or more than 25 peak hour trips,the Commission finds that the proposed project is not anticipated to have a significant congestion impact on the roadway networks. The project will have access onto Airport Way, but according to the Cape Cod Metropolitan Planning Organization (MPO) functional classification, Airport Way is not considered a regional roadway. Therefore, the Commission finds that the proposed project will not substantially deviate from the transportation Minimum Performance'Standards of the RPP or have significant impact upon the purposes and values identified in Section One of the Commission Act, and as such, the Commission finds that Transportation does not need to be included in the scope of Limited DRI review. Coastal Resources CRFi. The Commission finds that the project site is located over two miles from the coast, and no impacts to coastal or marine resources are anticipated from the proposed project. Therefore, the Commission finds that Coastal Resources does not need to be included in the scope of Limited DRI review. Energy EF1. The Commission finds that the energy standards in the RPP apply to commercial development and redevelopment, multi-family housing, and Wind Energy Conversion Facilities. As a commercial scale PV power generation facility, the Commission finds that the Energy Minimum Performance Standards in the RPP do not apply to this project, and as such,.Energy does not need to be included in the scope of Limited DRI review. Land Use LUF1. MPS LU1.1 states that "development and redevelopment shall be consistent with the category of desired land use where the project is located as well as the characteristics of that category, both as identified on the Regional Land Use Vision Map (RLUVM). Notwithstanding this requirement, the Commission may find that development and redevelopment has met this requirement, if, in its discretion, it finds each of the following: Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December 15,2011 Page 10 of 21 I I 1) The proposed project is a redevelopment, or the expansion .of a previously approved DRI; 2) The Commission finds that the proposed development does not present a.threat to the resources and/or characteristics intended to be protected and maintained by its land use category." The Commission finds that the proposed project site is a designated Resource Protection Area (RPA) on the Regional Land Use Vision Map (RLUVM). Under the 2009 RPP, RPAs are areas that warrant protection and where additional growth is not desired due to the presence of one or more sensitive resources. In order to comply with LUi.i,the proposed development must meet the two provisions outlined in the standard. Therefore, the.Commission.finds that the issue area of Land Use should be included in the scope of Limited DRI review. LUF2. The Commission finds that (1) the proposed project is the expansion of a previously approved DRI. On November 6, 1997, the Commission granted a DRI approval for the "Cape and Islands Steel Building," a steel fabrication building and saw house on the subject site. The Commission further finds that (2) the proposed development does not present a threat to the resources and/or characteristics intended to be protected and maintained by its. land use category, as the project results in a reduction in nitrogen load to the watershed,. as outlined in the Water Resources section of this decision, an August 31, 2011 letter from the Natural Heritage and Endangered Species Program stated that the project will not result in a"take"of state listed rare species. As such, the Commission finds that the proposed development meets MPS LU1.1. Hazardous Material HMFi. MPS WR2.2 and WM1.i require that "development and redevelopment that involves the use, treatment, generation, handling, storage, or. disposal of Hazardous Materials or Hazardous Wastes, with the exception of household quantities, shall not be permitted in Wellhead Protection Areas, except as provided in WM1.2 and WM1.3." HMF2. The RPP definition of Hazardous Waste is "any Hazardous Waste, Universal Waste or Waste as defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30.010. Hazardous Wastes do not include Hazardous Materials and bio-medical wastes regulated by 105 CMR 480.000." Hazardous Wastes do not include Hazardous Materials for the purposes of the Regional Policy Plan, including the requirements and limits articulated by the Minimum Performance Standards. HMF3. A Household Quantity of Hazardous Material or Hazardous Waste consists of any combination, or all of the following: (a) 275 gallons or less of oil on site at any time to be used for heating of a structure, or to supply an emergency generator; (b) 25 gallons or equivalent dry weigh, total,.of Hazardous Material(s) on site at any time, excluding oil for heating of a structure or to. supply an emergency generator; and (c) A_quantity of Hazardous Waste generated at the Very Small Quantity Generator level as defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30.00o and which is accumulated or stored in 55 gallons or less at any time on Limited DRI Project of Community Benefit Hardship Exemption Decision . Airport Way Nominee Trust December 15;2011 1 Page 11 Of 21 the site. HMF4. The Commission finds that the project site is located in a Wellhead.Protection Area (WHPA), Marine Water Recharge Area(Lewis Bay watershed), and a Potential Public Water Supply Area(PPWSA)which are subject to MPS WR2.2 and WM1.1. HMF5. The Commission finds that' the proposed utility transformer located near the southwest corner of the PV array will contain approximately 368 gallons-of non- toxic, vegetable oil-based fluid (Envirotemp FR fluid) as a coolant..Envirotemp FR3 fluid is formulated from seed oils (>98.5%vegetable oil) and performance enhancing additives and colorant. HMF6_. The Commission finds that 1.5% of the Envirotemp FR3 fluid, or 5.5 gallons, meets the RPP definition of a Hazardous Material, and as such the proposed project shall be scoped for review in this issue area.. HMF3. The Commission finds that as the development is proposing less than 25 gallons of Hazardous Materials, it complies with the household quantity of Hazardous Materials allowable pursuant to MPS WR2.2 and MPS WMi.i. Waste Management Hazardous Waste WMF1. The Commission finds that the proposed project site is located in a Wellhead Protection Area (WPA), and as such Hazardous Waste shall be included in the scope of DRI review. WMF2. The Commission finds that as the project is located in a Wellhead Protection Area, the project shall be conditioned to comply with MPS WM1.1 and WR2.2 to ensure that Hazardous. Materials and/or Hazardous.Wastes do not exceed a Household Quantity. WMF3. The Commission finds that the project shall 'be conditioned to comply with MPS WM1.4, which requires a Pollution Prevention and Emergency Response Plan, and that the location of refueling site(s) for the project shall be subject to approval by the Town of Barnstable. WMF4. The Commission finds that the project shall be conditioned to comply with MPS WM1.5 to ensure compliance with Massachusetts Hazardous Waste Regulations, 310 CMR 30.0. Solid Waste WMF5. MPS WM2.1 requires that "[d]evelopment and redevelopment projects shall address the disposal of construction waste..." and that "a plan shall be provided to demonstrate how the applicant proposes to handle solid wastes, construction and demolition waste and recyclable materials currently categorized by the [DEP] as a waste ban material." MPS WM2.2 describes the requirements of a construction and demolition,(C&D) waste management plan. The Applicant's 1o/19/11 information states "vegetation will be removed as necessary prior to grading. Stumps and branches will either be chipped on-site and used to stabilize sloped areas or removed and recycled off site." No estimate was provided with respect to the anticipated amount of land-clearing/grading wastes. The 10/19/11 information also Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December 15,2011 Page 12 of 21 I states that other "solid waste generated during construction consists primarily of shipping material and packing such as cardboard, wooden pallets, plastic wrap, and PVC conduit cut-offs." As such, the Commission finds that Solid Waste shall be included in the scope of DRI review and that the project shall be conditioned to.. comply with MPS WM2.1 and WM2.2. Water Resources WRF1. The Commission finds that the project site is located in a Wellhead Protection Area (WHPA), Marine Water Recharge Area(Lewis Bay watershed), and a Potential Public Water Supply Area (PPWSA). The developed portion of the site is not located in a PPWSA and is mapped as a Water Quality Improvement Area. A public drinking water supply well (Airport Weil) is located approximately i,000 feet down-gradient of the site. A critical nitrogen threshold has been established by the Massachusetts Estuaries Project(MEP) for Lewis Bay. As such, the .Commission finds that Water Resources shall be included in the scope of DRI review. WRF2.. The Commission finds that the project includes installation of a stormwater management system, including two, deep sump catch basins, vegetated swales, sediment forebays, and a stormwater recharge basin. The stormwater system will manage runoff primarily from the developed portion of the site as well as potential runoff issuing from the solar project site. The Commission finds that Nitrogen loading analysis indicates that proposed treatment of stormwater runoff"from the existing development will result in_a net reduction of nitrogen load to.the watershed. WRF3. The Commission finds that the. proposed re-vegetation of the site with drought- tolerant vegetation and avoiding the use of pesticides or herbicides are best managementpractices in MPS WR1.5, and.the project shall be conditioned to meet" this standard." WRF4. The Commission finds that storm runoff generated by the 25 year, 24 hour storm will be directed into two, deep sump catch basins that will discharge into water quality swales located at either end of the recharge basin pursuant to MPS WR7.4. WRF5. The Commission finds that the nitrogen loading limit established by MPS WR2.6 is 1 ppm-N for projects in Potential Public Water Supply Areas(PPWSA),which includes most of the project site. The nitrogen loading limit established by MPS.WR2.1 is 5 ppm-N for Wellhead Protection Areas(WHPA),which includes the entire project site and its surroundings. The Commission finds that pre- and post-construction nitrogen loading concentrations for both the project site and the developed portion of the lot within the drainage.area of the proposed stormwater recharge basin are less than.i ppm, and the project will result in a net reduction in nitrogen load to the watershed, consistent with MPS WR3.1. The Commission finds that the proposed development also meets the nitrogen loading standard pursuant to WR2.6, which applies to sites within PPWSAs, as the nitrogen loading concentrations are less than 1 ppm and the nitrogen loading standard for general aquifer protection pursuant to MPS WR1.i and for WHPAs(i.e.,5 ppm-N). WRF6. The Commission finds that the project shall be conditioned to. comply with MPS WR7.1o, which requires development and redevelopment to submit a Professional Engineer-certified stormwater maintenance and operation plan demonstrating compliance with the Massachusetts Stormwater Guidelines. Limited.DRI Project of Community Benefit Hardship,Exemption Decision Airport Way Nominee Trust December 15,2011 Page 13 of 21 Wildlife&Plant Habitat WPHFi. The Commission finds that the project site is located in a Significant Natural Resource Area (SNRA) due to the presence of mapped rare species habitat (for barrens buckmoth) and a public wellhead water supply protection area. The site is mapped as BioMap Core Habitat by the Natural Heritage and Endangered Species Program (NHESP) due to the presence of Species of Conservation Concern and rare species associated with the several coastal plain ponds in the vicinity of the project site, also,known as the Hyannis Coastal Plain Ponds Complex due to the density of ponds •with rare natural communities. The BioMap identifies areas that are a conservation priority. Due to the sensitive. resources in the area, the Town of Barnstable and the State Division of Fisheries. and Wildlife have acquired much of the land in proximity to the site for conservation purposes or water supply. protection, including three parcels adjacent to the site along Airport Way. As such, the Commission finds that Wildlife and Plant Habitat shall be included in the scope of DRI review. WPHF2. The Commission finds the assessment of the natural resources on the site provided by the Applicant meets the requirements of WPH1.1. The assessment did not find. habitat suitable for the barrens buckmoth on the site. A letter dated August 31, 2011 from the NHESP determined that the project will not result in a"take of state listed rare species. The site assessment reports that the site is.wooded with mature oaks,. pitch and white pines, and a low and medium height shrub understory.There are no wetlands or vernal pools on the site or proximate to the area of clearing.According to the site assessment, the project was reconfigured to, avoid potentially significant habitat located within the transmission easement. According to the Soil Survey for Barnstable County, the site contains Hinckley soils which are considered excessively drained and have a shallow organic layer. WPHF3. The Commission finds that clearing of vegetation and alteration of natural topography is minimized and the proposed project complies with MPS WPH1.2, . provided that revegetation efforts are.subject to review and approval by Commission staff. WPHF4. The Commission finds that fragmentation of wildlife and plant habitat is minimized, and that the project complies with MPS WPH1.3. Open Space OSFi. The Commission finds that full compliance with the requirements of MPS OS1.2 (Open Space Connections) would constitute a hardship; financial or otherwise, by diminishing the community benefits to be conferred and that full relief may be granted without substantial detriment to the public good and without nullifying or• substantially.derogating from the intent or purpose of the Act. The Commission . further finds that the relief granted relates directly to the nature of the identified hardship and is the minimum relief necessary to address it. OSF2. MPS OS1.3 requires that "All development, excepting municipal projects serving municipal purposes, that qualifies as a DRI shall provide permanently restricted upland open space." The Commission finds that the total open space mitigation requirement under MPS OS1.3 for the proposed project is 7.8 acres (twice the total new development area of 3.9 acres), with a cash equivalent of $86,765 per acre, or $676,767 for the proposed development. Limited.DRI Project of Community Benefit Hardship Exemption Decision . Airport Way Nominee Trust December 15,2011 Page 14 of 21 OSF3. The Commission.finds that full compliance with the requirements of MPS OS1.3 would constitute a hardship, financial or otherwise, by diminishing the community . benefits to be conferred and that full relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Act. The Commission further finds that the relief granted relates directly to the nature of the identified hardship and is the minimum relief necessary to address it. OSF4. The Commission finds that the project shall be conditioned to require the Applicant to provide an evaluation of the revegetation one year after.installation of the solar panels, prepared by a wildlife/plant biologist, to determine,the success of the revegetation efforts in reestablishing a vegetated surface cover that has habitat value. If an inventory of existing vegetation at that time indicates'that the site has failed to revegetate with a reasonable mix of shrubs and grasses,the Applicant shall submit a. revegetation plan for Commission staff review and approval,which shall be executed in order to ensure meaningful habitat is established at the site. Economic Development EDF1. Minimum Performance Standard EDi.1 requires that development be located in Economic Centers, Industrial Service Trade Areas, or Village centers. . The Commission, finds that the project is not so located and is considered new development and therefore must meet four waiver criteria under ED1.3. EDF2. The Commission finds that the proposed project meets the following four criteria under MPS ED1.3: 1. Emerging Industry Cluster: The project is consistent with the region's Emerging Industry.Clusters,-which include marine sciences and technology; arts and culture; information and related technology; renewable and clean energy, and education and knowledge-based industries or other high-skill, high-wage, knowledge-based business activity: 2. Distributed Energy Generation: The facility will be a clean renewable distributed energy generator. 3. Green Design: By creating clean renewable energy the project meets the Green . Design criteria. . 4. Municipal Endorsement: The.facility is located within the Town of Barnstable's Ground Mounted Solar Photovoltaic Overlay District..The purpose of the ordinance is to promote the creation of new large-scale ground-mounted solar photovoltaic installation like the proposed project. EDF3. MPS ED4A requires that "Development of infrastructure and/or capital facilities shall be in response to existing regional demand and shall improve the availability, reliability, quality, and cost of services." The Commission finds that the proposed project meets this standard based on the following rationale: Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December 15,2011 Page 1,50f 21 t Availability: This project would improve the availability of renewable solar energy on Cape Cod.by directly serving existing Cape Cod businesses. Reliability: The applicant,in their ED 4.1 Addendum, explains that this project will improve reliability in two ways. First, as solar energy the plant's peak generation period will exactly coincide with peak demand in the summer months on Cape Cod. Second,the.plant will be located proximate to a feeder substation supplying power to -the .Gape's commercial hub in Hyannis reducing the demand on the transmission system to.pull power from more distant resources. Quality: The applicant outlines the environmental benefits of renewable energy and this project in particular on the first page of the project application: "Over the first twenty five years, of this project's operation, an estimated 45 GigaWatt hours (GWh) of energy will be produced. ...Given the effectiveness with which each of the traditional fuel sources generates electricity, avoiding the traditional generation of 45 GM eliminates the requirement for: ® 213 billion cubic feet of natural gas (the volume of over 1,000 Goodyear Blimps) and e 8o pounds of enriched uranium (derived from mined ore resulting in 401000 cubic yards of radioactive tailings)and 2,150 tons of coal(3,70o cubic yards)and ® 371,250 gallons of crude oil. The direct environmental impact of mining, extracting, processing, transporting, and storing these fuels and their production byproducts will be avoided by this project. The reduction in hazardous solid waste and atmospheric contamination provided r for by this project is also a significant local, regional, and global beriefit. .The proposed project will avoid the environmental impact of solid waste and gaseous emission products from the traditional electricity generation it off-sets. Using the emissions from current electricity generation according to Cape Light Compact, the 45 GWh of solar electricity will avoid the release of the following: ® 30,150 lbs of NOx 52,200 lbs of Sot ® 31,666,500 lbs of CO2 Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December 15,2011 Page 16 of 21 3225.'MAIN'STREET.',,® P.O. BOX 226 BARNSTABLE; MASSACHUSETTS 02630 ' h CAPE CO ® (508) 362-3828 ® Fax(508) 362-3136 www.capecodcommission.org COMMISSION FINAL CERTIFICATE OF COMPLIANCE - FOR AIRPORT WAY NOMINEE TRUST z Date: November 7, 2012 —Luke Hinkle _ My Generation Energy,Inc. 3 Diamonds Path,Unit 2 South Dennis, MA 0266o From:` Cape Cod Commission Project Applicant: w My Generation Energy,.Inc. :_ =_ Property 6wrier:• Airport Way Nominee Trust 9 Project: Airport Way.Nominee Trust Photovoltaic Project Project Location: 180' Airport Way,.Hyannis,MA 026o1 Project Number: TR11oi6 - Registry of Deeds Book/Page#: 11953/1 I hereby certify that My Generation Energy,Inc.,the Applicant on the above referenced project, N` has properly complied with the Limited Development of Regional Impact(DRI) Hardship k Exemption Decision dated December 15, 2011. Specifically,the Applicant has complied with conditions GC8,WMC3, and WRC1 and WRC2 of the December 1'5,' 2o11 Limited DRI Hardship Exemption decision requiring notification to Commission staff in writing 39 days prior to seeking the Final Certificate of Compliance, submission of'evidence.of(a),registration with or notification to the Massachusetts Department . w j of Environmental Protection as a generator of Hazardous Waste; (b) a written plan or protocol to manage the Hazardous Waste'prior to disposal; and(c) a signed contract with a registered, licensed company to dispose of the Hazardous Waste, submission of a Turf and Landscape Management Plan pursuant to MPS WR1.5 and a Professional Engineer-certified stormwater 2 maintenance and operation,plan demonstrating compliance with the Massachusetts Stormwater Guidelines including a schedule for inspection,monitoring and maintenance in order to meet MPS WR7.1o. Therefore,the Applicant has satisfied all necessary conditions of the December 15, 2011 decision for issuance of the Final Certificate of Compliance. The Town of Barnstable is hereby authorized to issue a final building permit signoff. However, pursuant to Condition OSC1 of the decision, "One year after installation of the solar panels,the Applicant shall provide to Commission staff an evaluation of the revegetation prepared by a wildlife/plant biologist to determine the success of the revegetation efforts in reestablishing a vegetated surface cover that has habitat value. If an inventory of existing vegetation at that time indicates that the site has failed.to revegetate with a reasonable mix of shrubs and grasses,the Applicant shall.submit a revegetation plan for Commission staff review and approval,which shall be executed in order to ensure meaningful habitat is established at the,site." -i!l7 Patty Dale , Deputy rector Date COMMONWEALTH OF MASSACHUSETTS Barnstable, ss /VOV , 2012 Before me,the undersigned notary public,personally appeared in his/her capacity as Executive Director of the Cape Co4 Commissi n,whose name is signed on the preceding document,and such person acknowledged to me that he/she signed such document voluntarily for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification,which was [_] photographic identification with signature issued a federal or state governmental agency, [_.] oath or affirmation of a credible witness, or[V] personal knowledge of the undersigned. Notary Public ` My Commission Expires: 61 UtGAIL P. HANLEY Notary Public COMMONWEALTH.01F MASSACHUSIMS My Commission Expires September 28,2018 Airport Way Nominee Trust Photovoltaic Project—Final Certificate of Compliance November 7, 2012- Page 2 of 2 j The project.will also eliminate the creation of 8o pounds of spent nuclear fuel material. This nuclear waste has a half-life of ioo,000 years and presently has no permanent storageplan." Cost: As a net metered project, it will directly off-set the cost of energy for the consortium of developers that will own this project.As stated by the applicant "Since ownership of the proposed net metering project is local,.the renewable energy it produces will offset local electricity expenses. The renewable energy attributes of . the system, in particular the Solar Renewable Energy Certificates (SRECs),will also provide economic flow into the region." EDF4. The application materials state, "The proposed project's management, engineering, financing, accounting, legal services, construction, and maintenance are all being executed by local companies."Therefore, the Commission finds that the project is consistent with Best Development Practice (BDP) ED3.1, which encourages DRIB to employ a majority of local residents and use a majority of local contractors,suppliers, professional service providers, and products during the planning, construction, and operational phases of the project. The Commission further finds that as the project is entirely locally owned, it is also consistent with BDP ED3.2 (Local Ownership), and as a local generator of electricity, the project meets BDP ED3.5 (Regional Import Substitution) by reducing. the need to. purchase energy generated outside of the region. CONCLUSION Based on the above findings,the Commission hereby concludes: 1.. That the probable benefits of the proposed project are greater than the probable detriments. 2. That upon satisfaction of the conditions identified in this decision and with the specified relief granted, the proposed project is consistent with the .2009 (as amended).Regional Policy Plan. 3. The project-is consistent with the Town of Barnstable's Local Comprehensive Plan and its local development by-laws. 4. The.project is consistent with the applicable Town of Barnstable District of Critical Planning Concern. CONDITIONS The Commission hereby approves, with conditions, the Limited DRI / Project of Community Benefit Hardship Exemption application of My Generation Energy, Inc. for the proposed construction of a 1.38 MW solar array at 18o Airport Way, Hyannis, Massachusetts, provided the following conditions are met: Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December 15,2011 Page 17 of 21 General Condition GCi. This decision is valid for a period of seven (7) years and local development permits may be issued pursuant hereto for a period of seven (7) years from the date of this. written decision. GC2. The applicant shall obtain all necessary federal, state, and local permits for the proposed project. GC3. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures;'and remain in compliance herewith, shall be deemed cause to revoke or modify this decision. GC4. No development work, as the term "development" is defined in the Cape Cod Commission Act, shall be undertaken until all appeal periods have elapsed or,if such an appeal has been filed,until all judicial proceedings have been completed. GC5. All development shall be constructed in a manner consistent with the following plans and other information (attached to this decision as Exhibit A and.incorporated by reference): Sheet Co.o.i titled"Cover Sheet • Sheet C2.1.1 titled"Layout and Materials Plan" • Sheet C2.2.1 titled"Site Plan Showing Drainage, Grading,and Utilities" • Sheet C2.4.1 titled"Site and Erosion Control Details" • Sheet C2.4.2 titled"Site and Drainage Details" Any deviation to the proposed project from the approved plans, including but not limited to changes to the design, location, or other site work, shall require approval by.the Cape Cod Commission through its modification process, pursuant to the Commission's Enabling Regulations. The Applicant shall submit to the Commission any additional information deemed necessary to evaluate any modifications to the approved plans. GC6. Prior to the issuance of a Building Permit for development,the Applicant shall obtain a Preliminary Certificate of Compliance from the Commission that states that all conditions in this decision pertaining to issuance of a Preliminary Certificate of Compliance / Building Permit have been met. Such Certificate of Compliance shall not be issued unless all conditions connected to the Preliminary Certificate of Compliance have been met GCS. Prior to the issuance of a Final Building Permit signoff by the Town of Barnstable, the Applicant shall obtain a Final Certificate of Compliance from the Commission that states that all conditions in this decision pertaining to issuance of a Final Certificate of Compliance / Final Building Permit signoff have been met. Such Certificate of Compliance shall not be issued.unless all conditions connected to the Final Certificate of Compliance have been complied with. GC8. The Applicant shall notify Commission staff in writing at least thirty(30) calendar days prior to its intent to seek a Preliminary and a Final Certificate of Compliance. Such notification shall include a list of key contact(s), along with their telephone numbers,. mailing addresses, and email addresses, for questions that may arise Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December 15,2011 Page 18 of 21 f - during the Commission's compliance review. Commission staff shall complete an inspection under this condition, if needed, and inform the Applicant in writing of any deficiencies and corrections needed. The Commission has no obligation to issue any Certificate of Compliance unless and until all conditions are complied with. GC9.. The Applicant agrees to allow Commission staff to enter onto the property, which is the subject of this decision, after reasonable notice to the Applicant, for the purpose of determining whether the conditions contained in this decision including those required prior to issuance of the Preliminary and Final Certificates of Compliance have been met. Waste Management WMCi. In accordance with Finding WMF2, Hazardous Materials on site at any time shall not exceed a Household Quantity, Le. 25 gallons or equivalent dry weight, in order to meet MPS WM1.1 and WR2.2. Also, in accordance with Finding WMF2, Hazardous Wastes on site at any time shall not exceed a Household Quantity, defined by the Regional Policy Plan as a quantity of Hazardous Waste generated at the Very Small Quantity Generator level as defined in the Massachusetts Hazardous. Waste Regulations, 310 CMR 30.00o and which is accumulated or stored in 55 gallons or less at any time on the site: WMC2. In accordance with Findings WMF3, the Applicant shall provide to the Commission staff for review and approval, a.Pollution Prevention and Emergency Response Plan for both the construction phase and normal operations that .identifies potential contamination sources,threats of Hazardous Material.and Hazardous Waste releases to the environment, describes material storage and handling details, containment and contingency plans for spill .response, prior to issuance of a Preliminary Certificate of Compliance. The Plan should include the description of spill prevention and containment materials, training protocol for on-site contractors, contact information of the Massachusetts Department of Environmental Protection, and identification of a Licensed Site .Professional (LSP) and local spill cleanup firm pursuant to the requirements of MPS WM1.4. The location of refueling site(s)for the project shall be subject to approval by the Town of Barnstable. WMC3. In accordance with Finding WMF4,the Applicant shall provide for Commission staff review and approval, prior to issuance of a Final Certificate of Compliance, evidence of (a) registration with or notification to the Massachusetts Department of Environmental Protection as a generator of Hazardous Waste; (b) a written plan or Protocol to manage the Hazardous Waste prior to disposal; and (c) a signed contract with a registered,licensed company to dispose of the Hazardous Waste in order to comply with MPS WM1.5 and Massachusetts Hazardous Waste Regulations, 310 CMR 30.000. WMC4. In accordance with Finding WMF5, prior to issuance of a Preliminary Certificate of Compliance, the Applicant shall submit for Commission staff review and approval a plan that addresses the disposal of construction waste and which demonstrates how the Applicant proposes to handle solid wastes; construction and demolition waste Pp and recyclable materials currently categorized by the [DEP] as a waste ban.material. Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December 15,2011 Page 19 of 21 Water Resources WRCi. Prior to issuance of a Final Certificate of Compliance, the Applicant shall submit for Commission staff review and approval a Turf and Landscape Management Plan pursuant to MPS WR1.5_which requires that the project adopt Best Management Practices, including avoiding or minimizing the amount of pesticides and chemical fertilizers, or utilizing alternatives to synthetic chemical fertilizers and pesticides in favor of organic and biological methods. WRC2. In accordance with WRF6, prior-to the issuance of a Final Certificate of Compliance, the Applicant shall submit for Commission staff review and approval a Professional Engineer-certified stormwater maintenance and operation plan demonstrating compliance with the Massachusetts Stormwater Guidelines including a schedule for inspection, monitoring and maintenance in order to meet MPS WR7.io. Open Space OSCi. One year after installation of the solar panels, the Applicant shall provide to Commission staff an evaluation of the revegetation prepared by a-wildlife/plant biologist to determine.the success of the revegetation efforts in reestablishing a vegetated surface cover that has habitat value. If an inventory of existing vegetation at that time indicates that the site has failed to revegetate with a reasonable mix of shrubs and grasses, the Applicant shall submit a revegetation plan for Commission staff review and approval, which shall be executed in order to ensure meaningful habitat is established at the site. SUMMARY The Cape Cod Commission hereby approves with conditions the application of My Generation Energy, Inc. for the construction of a.1.38 MW solar array at 18o Airport Way, Hyannis, Massachusetts as a Limited DRI Project of Community Benefit Hardship Exemption as outlined in this decision pursuant to Sections 12 and 13 of the Act, c. 716 of the Acts of 1989, as amended. (Signature on last page) Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December 15, 2011 Page 20 of 21 Peter sham, Commission Chair Date COMMONWEALTH OF MASSACHUSETTS Barnstable, ss V , 2011 Before me,the undersigned notary public personally appeared in his capacity as Chairman of the Cape Cod Commission,whose name is signed on the preceding document, and such person acknowledged to me that he signed such document voluntarily for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification,which was [J photographic identification with signature is d by a federal or state governmental agency, [_] oath or affirmation of a credible witness,or [7personal knowledge of the undersigned. v Notary Public My Commission Expires: GRIT. r -�hNLEY Notary Public WCOMMONWEALTH OF MA8 ACMUSE1Tt; My Commission Exoss September 29,2018 Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December 15,2011 Page 21 of 21 3225 MAIN STREET P.O. BOX 226 BARNSTABLE, MASSACHUSETTS 02630. CAPE COD (508).362-3828 Fax (508) 362-3136 a www.capecodcommission:org COMMISSION BY CERTIFIED MAIL October 21, 2011 Luke Hinkle My Generation Energy,Inc. 3 Diamonds Path, Unit 2 South Dennis,MA 02660 RE: Airport Way Nominee Trust(TR-11o16) 132 Airport Way Nominee Trust,Hyannis,MA Dear Mr. Hinkle: The above project was referred to the Cape Cod Commission(Commission)as a Development of Regional Impact(DRI)under Section 3(e)(iii)of Chapter A,Enabling Regulations Governing Review of Developments of Regional Impact as"new construction or development that has a Total Project Area greater than 40,000 square feet." The Commission received the referral from the Town of Barnstable Building Commissioner,through the Interim Town Manager, on October 12, 2011. Enclosed is a copy of the referral form. In accordance with the Commission Act,the Commission is required to schedule a public hearing within sixty(6o) days of the receipt of a DRI referral,which in this case is December g, 2011. Pursuant to the Commission's Enabling Regulations,upon receiving notice from the Commission of the proposed development's referral as a DRI,the Applicant shall file an application for DRI review. The applicant filed an application for a Development of Regional Impact(DRI),DRI Hardship Exemption,and Limited DRI Review on October 3: 2011 and the application was deemed incomplete on October 14, 2011. The applicant filed additional materials on October 18, 2011 which are currently pending,staff. review. A substantive public hearing will not be scheduled until a DRI application is complete. No. municipal development permits may be issued until the Commission completes its-'review andw.issuesa DRI approval. If you have any questions, please do not hesitate to contact me at(508) 362-3828. Sincerely Eliza b Enos Regulatory Officer cc(certified): Jo Anne Miller Buntich,Director of Growth Management Department, Barnstable Lida Hutchinrider,Town Clerk ✓i'homas Perry, Building Commissioner Mr. Dana Soderberg,Shepley Wood Products, 216 Thornton Drive,Hyannis Development of Regional Impact(DRj,) Referral Form Please attach a copy of the original development permit application or site plan review, subdivision, or other application showing the date on which it was received by the Municipal Agency. Receipt of this information via the U.S. Mail or delivered in person to the Cape Cod Commission constitutes a referral for purposes of Chapter 716 of the Acts of 1989, as amended. Referred.by: Town and Agency: Barnstable, from Building Commissioner through Interim Town Manager Official: Building Commissioner through the Interim Town Manager X Mandatory referral >40,000 s.f. of structure; existing DRI TR-97008/EX-97008 Discretionary Referral Limited Discretionary referral (please see back of this form) Project Name Airport Way Nominee Trust �50 'q i t V0 Project Proponent Name Mr. Dana Soderberg Shepley Wood Products Address 216 Thornton Drive, Hyannis, MA 02601 Tel: 774-836-3449 Brief description of the project including, where applicable, gross floor area, lots, units, acres, and specific uses: Installation of a 1.4 megawatt(MW) ground mounted grid-connected solar photovoltaic (PV) system. Installation will serve as a net meteringfacility acility with the electrical production serving the usage of its owner's various facilities on Cape Cod. PV system as this site is also to be installed on the roof of the former Cape & Islands Steel facility Project location: 180 Airport Way, Hyannis 02601, Map 312 Parcel 008 H00. The 12. 47 acre parcel is located in the Ltd. Industrial Zoning District, Wellhead Protection Overlay District and within the Ground Mounted Solar Photovolatic Overlay District. List of municipal agency(ies) before which a municipal development permit is pending: Building Commissioner, Site Plan Review, Building Division Thomas K. Lynch om Perry v Interim Town Manager Building Commissioner Forward to: Date: October 4,.201 1... �E Fi Cape Cod Commission 3225 Main Street l Barnstable,MA 02630 OCT 1 2 2011 E r Town of Barnstable 200 Main Street,Hyannis,Massachusetts 02601 BA-mAim = Regulatory Services Thomas F. Geiler, Director 1639. Building Division Tom Perry,Building Commissioner Phone(508)862-4679 Fax(508)862-4725 www.town.barnstable.ma.us _ April 2, 2012 �j Airport Way Nominee Trust c/o Luke-Hinkle,PhD My Generation Energy 3 Diamonds Path,Unit 2 South Dennis, MA 02660 RE: SPR# 021-11 Airport Way Nominee Trust;180�Airpo_rt�Way,Hyannis , Map 312,Parcel 008 H00 POST CCC DRI HARDSHIP EXEMPTION issued December 15, 2011 #TR11016- Proposal: Installation of a 1.4 megawatt(MW) ground mounted grid-connected solar photovoltaic(PV) system. Installation will serve as a net metering facility with the electrical production serving the usage of its owner's various facilities on Cape Cod. PV system at this site is also to be installed on the roof of the former Cape &Islands Steel facility. Dear Dr. Hinkle: Please be advised that subsequent to Formal Site Plan Review September 8, 2011,the issuance of Cape Cod Commission Limited DRI Hardship Exemption Project of Community Benefit Decision TR11016, HDEX11016 on December 15, 2011 the above proposal has been approved subject to the following: Site Plan Review.application package received September 2, 2011 containing information addressing Ground Mounted Solar Photovolatic Overlay District requirements as well as MESA determination dated August 31, 2011 and Massachusetts Historical Commission approval dated August 15, 2011. Additionally, plans entitled, "My Generation Energy, 180 Airport Way, Hyannis,MA", 5 Sheets, prepared for My Generation Energy, South Dennis, MA by Coastal Engineering Company, Inc. and dated August 30, 2011 with final revisions December 13,2011; MassDOT Aeronautic Division Determination dated September 14, 2011 that permit is not required; revised Operation and Maintenance Plan including drainage catch basin maintenance plan,received 9/27/11. • Compliance with all conditions of Cape Cod Commission Limited Development of Regional Impact(DRI)Hardship Exemption Project of Community Benefit Decision TR11016, HDEXI 1016 issued December 15, 2011. • Issuance of Preliminary Certificate of Compliance from Cape Cod Commission for compliance with Pollution Prevention and Emergency Response Plan, disposal of construction waste, solid waste materials both during construction phase and normal operations prior to building permit. The following are requirements of the Town of Barnstable Ground Mounted Solar Photovolatic Overlay District Ordinance: • A directory for locating the disconnection must be mounted on the front of the transformer. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner/operator shall identify the responsible person for public inquiries throughout the life of the installation. • The photovoltaic (PV) installation shall be maintained in good condition at the expense of the owner/operator including but not limited to: painting, structural repairs, integrity of security measures. Site access shall be maintained to a level acceptable to site plan review. • The owner/operator shall physically remove the installation no more than 150 days after the date of discontinued operations,notifying the Building Commissioner by certified mail of the proposed date of discontinued operations and plans for removal. Physical removal includes: structure, equipment, security barriers and transmission lines from the site; disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; revegetation of the site as necessary to minimize erosion and at the Building Commissioner's discretion, some landscaping or below-grade foundations may be allowed to remain in place to provide stabilization. • Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the PV installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. If the owner/operator fails to remove the installation within 150 days.of abandonment or on the proposed date of decommissioning,the Town may enter the property and physically remove the installation. • An executed interconnect agreement with NSTAR, the utility company operating the electrical grid, must be submitted to the Building Commissioner prior to the issuance of a building permit for the PV installation. • Proof of liabilityinsurance in a form accepted by the Town.Attorney. X/ • Proof of financial sure to cover the cost of decommissioning in an amount and form surety $ accepted by the Town Attorney. Sincerely, y Ellen Swiniarski Site Plan/Regulatory Review Coordinator CC: r-Tom_Perry,:Building Commissioner t Site Plan Review File Rick Elrick-Energy Coordinator Attachments: CCC DRI Hardship Exemption Decision TR11016, HDEX11016 3225 MAIN STREET • P.O. BOX 226 BARNSTABLE, MASSACHUSETTS 02630 CAPE. COD (508) 362-3828 Fax (508) 362-3136 .�. www.capecodcommission.org COMMISSION Date: December 15, 2011 To: Luke Hinkle My Generation Energy,Inca 3 Diamonds Path,Unit 2 South Dennis,MA o2660 From: Cape Cod Commission Re: Limited Development of Regional Impact Hardship Exemption Cape Cod Commission Act,Sections 12, 13 and 23 Applicant: My Generation Energy,.Inc. Owner: Airport Nominee Trust J. Bruce MacGregor 216 Thornton Drive Hyannis,MA.026o1 Project: Airport Way Nominee Trust 18o Airport Way Hyannis,MA 026o1 Project#: TR1ioi6 Registry of Deeds . Book/Page#: 11553/1 DECISION.OF THE CAPE COI) COMMISSION SUMMARY j i The Cape Cod Commission ("Commission") hereby-approves with conditions,the application of My Generation Energy, Inc. (hereinafter the "Applicant") for the Airport Way Nominee.Trust :project as a Limited Development of Regional Impact (DRI) Project of.Community Benefit Hardship Exemption pursuant to Sections 12, 13-and 23 of the Cape Cod Commission Act(Act), C. 7i6 of the Acts of 1989, as,amended, for.the construction of a 1:38 MW"solar array at 18o Limited.DRI Project of Community Benefit,Hardship Exemption Decision Airport Way Nominee Trust December 15,2011 Paves 1 of of ! 1 Airport Way,Hyannis,Massachusetts. This decision is rendered pursuant to an 1i-i vote of the Commission on December 15, 2011. PROJECT DESCRIPTION The project is located at.18o Airport.Way, Hyannis, Massachusetts. The property. is zoned Limited Industrial: It is in the newly-created Ground Mounted Solar Photovoltaic overlay district. The site is also in the Adult Use Overlay District and a�portion of the site.is located in the Wellhead Protection overlay district for the Town of Barnstable.. The proposed project site is situated in a designated Resource.Protection Area (RPA) on the Regional Land Use Vision Map (RLUVM) due to its location within a DEP Zone II/Wellhead Protection Area and is mapped as Priority 'and Estimated Habitat by the Natural'Heritage and Endangered Species Program (NHESP): = The project site consists of approximately '12.5 acres of land, with approximately 50%presently developed for'commercial/industrial use. The project site is located in a Significant Natural Resource Area due to the presence of mapped rare species habitat(for barrens buclanoth) and a public wellhead water supply protection area.The site is mapped.as BioMap Core Habitat by the .. Natural Heritage and Endangered Species Program (NHESP) due to the presence of Species of: Conservation Concern and rare species associated with the several coastal plain ponds in the vicinity of the project site. According.to the application materials, the Airport Way Nominee Trust(hereafter, the "Airport Way'.' or the. "Applicant"), a Massachusetts Limited Liability Company applied for Project of Community Benefit ("POCB".) hardship exemption relief from certain minimum performance standards of the Commission's 2009 Regional Policy Plan to.enable the construction of a solar energy, array with approximately 1,380,060 Watt (1.38MW) .peak output. The application materials evaluate the environmental benefits with respect to two main attributes: (1) avoided fuel acquisition.(mining, :drilling; processing, transportation, and storage) and (2) avoided byproducts and emissions from traditional electricity generation. According to the application materials, over the first twenty-five years of this project's operation, an estimated 45 GigaWatt hours (GWh) of energy will be produced. The application states that this project-eliminates the requirement for approximately 213 billion cubic feet of natural gas, 8o pounds of enriched uranium, 2,150 tons of coal and 371,250 gallons of crude oil as well as the direct environmental impact of mining, extracting, processing, transporting, and storing these fuels .and their production byproducts. The application.further states that the proposed.project will avoid the . release of 30;150 pounds of NOx,.52,200 pounds of S02, and 31,666,500 pounds of CO2 and . eliminate the creation of 8o pounds of spent nuclear fuel material< The Application materials state that the environmental, economic, and community leadership benefits of the proposed.pro'ect.qualify it as a Project of Community Benefit for purposes of. Hardship relief. PROCEDURAL HISTORY The applications for a Limited Development of Regional Impact ("Limited DRI") and a Project of Community Benefit Hardship Exemption were received by the Commission on October 3, 2011. The. Commission received the.. referral from the Town of.. Barnstable :Building Commissioner, through the Interim Town Manager, on October 12, 2011. The project qualifies -as a Development of Regional Impact (DRI) pursuant to Section 3(e)(iii) of the Commission's Limited DRI Project of-Community Benefit Hardship Exemption Decision . Airport Way Nominee Trust December 15,2011 Page 2 of 21 Enabling-Regulations (Revised March 2011). as "new construction or.development_that has a Total ProjectArea greater than 40,00o square feet." The Limited DRI Review and Project of Community Benefit Hardship Exemption applications were deemed to be substantially complete to proceed to a public hearing in a letter dated . November 21,2011:: In accordance with the Cape Cod Commission'Act, a duly noticed public he on the.DRI; Limited DRI and Project of Community Benefit Hardship Exemption was held on,November.21, 2011 by _an authorized subcommittee of the Commission :at 5-30 pm at the Cape Cod Commission office at 3225 Main Street in Barnstable. :A site visit was conducted prior to that hearing. An additional public hearing w as..held on- November 28, 2011-at the Cape Cod- Commission, followed by a subcommittee meeting.. The:subcommittee voted to continue the hearing to December 15, 2011 at'3:00.PM.at the.Assembly of Delegates Chamber of the First District Courthouse in Barnstable: At.the subcommittee meeting which immediately followed the November 28, 2011 hearing,the subcommittee voted to limit the DRI review to the.areas of Land Use, Wildlife & Plant_Habitat, Open Space,.Hazardous Materials/Waste, Solid Waste, Water Resources, and Economic Development and to approve the Limited DRI and Project of -Community Benefit. Hardship Exemption*request and directed- staff to draft a Limited DRI Project.of Community.Benefit Hardship Exemption approval decision with conditions'- The: Subcommittee. held a public meeting on December 5, 2011: At this. meeting, the subcommittee reviewed the Limited DRI Project of Community Benefit Hardship Exemption approval decision and voted to recommend approval of the draft written decision at the Cape. Cod Commission meeting on December 15, 2011._ A final public hearing was held-before the fall Cape Cod Commission on December 15;.2011. At the.close of this hearing,the Commission voted to approve the project as a Limited DRI Project of Community Benefit Hardship Exemption,subject to conditions. MATERIALS SUBMITTED FOR THE RECORD In addition to the list of materials submitted for the record (see Table 1 below), the.application and notices of public hearing relative thereto;the minutes of.public meetings and hearings; and all other written submissions received in the course.of the proceedings are hereby incorporated into the record by reference. L BLE A: MaterialsSubmitted fortheRecordterialsfrom Ca a Cod Commission Date Sent il from Heather McElroy to Luke Hinkle re: open space 8/10/11 calculation Email from Elizabeth Enos to William Gallagher confirming 10/3/11 recei t of materials. Letter sent via mail and email from EE to LH regarding 10/14/11 a lication completeness Email from EE to WG re:word document of completeness 1o/18/ii letter Email from EE to WG confirming receipt of materials io/.19/u Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust ; December 15;2011' Pntrn n of ni I .. -.f Email from EE to WG regarding missing documents 10/20/11': . Letter from EE to LH regarding DRI referral 10/2i/11 Email correspondence,between HM and LH regarding NRI 16/21/11 requirement Email from EE to LH regarding ED4.1 10/25/11 Email correspondence between EE.and LH.regarding 10/28/ii Economic Development submission and scheduling Email from EE to LH regarding Water Resources comments •10/28/11 Email from Andy Walsh•to LH re:.water resources comments 11/1/11 Email from AW to LH re: nitrogen loading 11/3/11 Materials from Town of Barnstable website re: signage " . 1i/3/11, Email from Leslie.Richardson to LH re: economic 11/4/1i development Email from EE to Reggie'Donahue confirming-receipt,of 1i/9 plans Email from EE to LH re: materials for subcommittee . : .11/10/11 Email correspondence between EE and Liza Cox re: copy of 106/ii Staff Re ort Email from EE to subcommittee and applicant re:public i1/16/ii hearing and staff report Memo to subcommittee with Staff Report i1/i6/1i Email from EE to subcommittee and applicant requesting 1i/1�/i1 availability for meetings Email from EE to Jo Anne Miller Buntich re:staff report 11/17/11 Hearing outline 11/21/11 rLetter from EE to LH deeming the application complete 11/21/11 erPoint presented at hearing i1/21/1i Email from EE to JMB with attached refueling plan provided 11/22/11 by the Applicant Email from EE to the subcommittee with attached . 11/22/11 supplemental information provided by the Applicant and date for next meeting Email from Gail Hanley to Linda Hutchenrider with attached 11/22/11 hearing and meeting notices Memo from Andy Walsh to EE re: Haz Mats 11/22/11 Hearing outline 11/28/11 Email from EE to LH requesting application fee and 11/29/11 materials for mailing Email from Gail Hanley to Lind Hutchenrider with attached 11/3 0/11 hearing notice Email from EE to LH re:materials for mailing 12/1/11 Email from EE to subcommittee,Applicant and JMB with 12/1/11 attached draft decision Email from EE to Alan.Clapp re: draft decision. 12/2/11. Memos to subcommittee and CCC for mailing including draft 12/8/1i minutes of 12 and draft decision Email correspondence between EE and Cynthia McGrath re: 12/13/11. ,cgy of draft decision Limited DRI Project of Community Benefit Hardship.Exemption Decision Airport:Way Nominee Trust December 15,.2011 Page 4of21 Email correspondence between EE and JMB re: copy of letter from RE PY 12/13/11 MaterialsfromApplicant . Email from Luke Hinkle to Heather McElro Date Received for information Y blanking here 8/1o/11 Application materials Email from William Gallagher to Elizabeth Enos re:revised 1O/3/11 ro'ect desc ' tion 10/3/11 Email from LH to EE re: application co Ements ail from WG to EE'requesting word document of letter' 10/1.4/11 Letter f response to incompleteness letter 10/17/11 Emails from WG to EE with attached supplemental materialslo/18/i1 Email from WH to EE re:location.of information 10/19/11 Email from LH to HM re:Natural Resources Inventory 10/20/1.1 EmaB from LH to EE with info re:Economic Development 10/22/11 Email from LH to EE re: scheduling 1o/26/1i Email from LH to Leslie Richardson re: ED4.1 10/27/11 Email correspondence between LH and And 1115111 . site transfoz�ner Y Walsh.re: on- 11/8/11 Email from Ginn Y Warren to EE re:Email from revised site plans LH to EE re:materials for the subcommittee 11/9/11 . Revised application materials 11/1o/11 Email from Reggie Donahue to EE re: updated plans' 11/14./1.1 Email from LH to EE re:scheduling and staff report 11/16/11 PowerPoint presented at hearing 106/11 Revised refueling plan and construction management 1 11/21/11 Email from LH to EE re: most recent plans P 11/21/11 Check for remainder of application fee 11/29/11 Email from LH to EE re: check in mail 12/1/11 Email from LH to EE re: materials for mailin 11/30/11 Materials front public g 12/i/11 envies owns State Federal Date Received Letter and email from Richard Elri for the Town of Barnstable in su ort of th Energy o'ectmator 9/19/11 Email from Jo Anne Miller Buntich,Director of Growth Management for the Town of B 11/17/11 local b laws COm rehensive laotable re: consistency with Email from and DCPCs JMB to EE re:refueling plan provided by the A licant 11/28/11 Email from JMB to EE requesting copy of letter from RE . Materials to/from Members of the public . 12/13/11 Email correspondence between EE and Date Received co of the staff re ort Liza Cox regarding 11/16/11 Email OM Alan Clapp thanlang EE for draft decision Email correspondence between Cynthia McGrath and EE 12/4/11 co of draft decision-. re. 1.03/11 : Limited DRI Project of comet unity Benefit Hardship Exemption Decision Airport Way Nominee Trust. finds that proposed plantings are consistent with landscaping standards set forth in the RPP. Requirements of HPCC2.10 include the submittal of a maintenance agreement,which the Applicant has provided and is deemed appropriate to meet the needs of the landscaping that is proposed onsite. As such,the Commission finds that the proposed project is consistent.with HPCC2:1o. As the project is located at the end of a previously. developed industrial road and proposes to keep existing buffers and does not include a traditional building redevelopment, the Commission finds that landscapingdoes not need to be included in the.scope of Limited DRI review.. Exterior Lighting Design EXLF1. Based.on the materials submitted for the record,.including-clarification from the Applicant that there will be no illumination of onsite signage, the Commission finds that.the Exterior Lighting issue area of the RPP is not applicable to the proposed project and should not be included in the scope of DRI review. Transportation TFi. Based on the application materials, the project is not expected to generate any daily traffic. As the project will not generate more than 25o daily trips or more than 25 peak hour trips;the Commission finds that the proposed project is not anticipated to have a significant congestion impact on the roadway networks. The project will have access onto Airport Way, but according to the Cape Cod Metropolitan Planning Organization (MPO) functional .classification, Airport Way is .not considered a regional roadway. Therefore, the Commission finds that the proposed project will not substantially deviate from the transportation Minimum Performance Standards of the RPP or have significant impact upon the purposes and values identified in Section One of the Commission Act, and as such, .the Commission finds that Transportation does not need to be included in the scope of Limited DRI review. Coastal Resources CRFi. The Commission finds that the project site is located over two miles from the coast, and no impacts to coastal or marine resources are anticipated from-the proposed project.Therefore,the Commission finds that Coastal Resources does not need to be included in the scope of Limited DRI review. - Ener�v EFi. The Commission finds that the energy standards in the RPP apply to commercial development and redevelopment, multi-family housing, and Wind .Energy Conversion Facilities. As, a commercial-scale PV power generation facility, the Commission finds that the Energy Minimum Performance Standards in the RPP do not-apply to this project, and as such,.Energy does not need to be included in the scope of Limited DRI review. Land Use LUF1. MPS LUi.1 states that"development and redevelopment shall be consistent with the category of desired land use where the project is located as well as the characteristics of that category, both as identified on the Regional Land Use Vision Map (RLUVM). Notwithstanding this requirement, the Commission may find that development and redevelopment has met this requirement, if, in its discretion, it finds each of the following: Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust . December 15,2011 I 1) The proposed project is a redevelopment, or the expansion .of a previously approved DRr, 2) The Commission finds that the proposed development does not present a.threat to the resources and/or characteristics intended to be protected and maintained by its land use category." The Commission finds that the proposed project site is a designated Resource Protection Area (RPA) on the Regional Land Use Vision Map (RLUVM). Under the 2oog RPP,.RPAs are areas that warrant protection and where additional growth is not desired due'to the. presence of one or more sensitive resources. In order to comply with LU1.1,the proposed development must meet the two provisions outlined in the standard. Therefore, the.Commi ion.finds that'the issue area of Land Use should be included in the scope of Limited DRI review. ' LUF2: The Commission finds that (i) the proposed project is the expansion of a previously approved DRI. On November 6, 1997, the Commission granted.a DRI approval for the "Cape and Islands Steel Building," a steel fabrication building and saw house on 'the subject site. The Commission further finds that (2) the proposed development. does not present-a threat to the resources and/or characteristics'intended to be protected and maintained by its land use category, as the project results in a reduction in nitrogen load to the watershed,. as outlined in the Water Resources section'of this decision, an August 31, 2oli letter from the Natural Heritage and Endangered Species Program stated that the project will not result in a"take"of state listed rare species. As such, the Commission finds that.the proposed development meets MPS LU1.1. Hazardous Materials HMFi. MPS WR2.2 and WMi.i require that "development and redevelopment that involves the use, treatment, generation, handling, storage,� or disposal of Hazardous Materials or Hazardous Wastes, with the exception of household quantities, shall not be permitted in Wellhead Protection Areas, except as.provided in WM1.2 and WM1.3." HMF2. 'The RPP definition of Hazardous Waste is "any Hazardous Waste, Universal Waste or Waste as defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30.010. Hazardous Wastes do not include Hazardous Materials and bio-medical wastes regulated-by 105 M1 R 480.000." Hazardous Wastes do not include Hazardous Materials for the purposes of the Regional Policy Plan, including the requirements and limits articulated by the Minimum Performance Standards. Quantity HMF A Household 3 Q ty of Hazardous Material or Hazardous Waste consists of any combination, or all of the following: '(a) 275 gallons or less of oil on site at any time to be used for heating of a structure, or to supply an emergency generator; (b) 25 gallons or equivalent dry weigh,total,.of Hazardous Material(s) on site at any time, excluding oil for heating of a structure or to supply an emergency. generator; and (c). A,quantity of Hazardous Waste generated at the Very Small Quantity Generator level as defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30.000 and which is accumulated or stored in 55 gallons or less at any time-on Limited DRI Project of Community Benefit Hardship Exemption Decision, Airport Way Nominee Trust _ ----_ nerem eryi-, 'gnyi the site. HMF4. The Commission finds that the project site is.located'in a Wellhead Protection Area (WHPA),Marine Water Recharge Area.(Lewis Bay watershed), and a Potential Public Water Supply Area(PPWSA)which are subject to,MPS WR2.2 and WM1.i. HMF5. The Commission finds that the proposed_.utility transformer located near .the southwest corner of the PV array.will contain approximately 368 gallons- of non- . toxic, vegetable oil-based fluid (Envirotemp FR fluid) as a coolant:Envirotemp FR3 fluid is formulated from seed oils (>98.5%vegetable oil) and performance enhancing additives and colorant. HMF6. The Commission finds that i.5% of the Envirotemp FR3 fluid, or.5.5 gallons,.meets the RPP definition of a Hazardous Material, and as such the proposed project shall be scoped for review in this,issue area.. HMF3. The Commission finds that as the development is proposing less than 25 gallons of Hazardous Materials, it complies 'with the household. quantity of Hazardous Materials allowable pursuant to MPS WR2.2 and MPS WM1.1. Waste Management Hazardous Waste WMF1. The Commission finds that the proposed project site is located. in a Wellhead Protection Area (WPA), and as such Hazardous Waste shall be included in the scope of DRI review. WMF2. The Commission finds that as the project is located in a Wellhead Protection Area, the project shall be conditioned to comply with MPS WM1.1 and WR2.2 to ensure that Hazardous. Materials and/or Hazardous.Wastes do not exceed a Household Quantity. WMF3. The Commission finds that the project shall be conditioned.to comply with MPS. WM1.4, which requires a Pollution Prevention and Emergency Response Plan, and, that the location of refueling site(s) for the project shall be subject to approval by the Town of Barnstable. WMF4. The Commission finds that the project shall be conditioned to comply with MPS WM1.5-to ensure compliance with Massachusetts Hazardous Waste Regulations, 310 CMR 30.0. Solid Waste. WMF5. MPS WM2.1 requires that "[d]evelopment and redevelopment projects shall address the disposal of construction waste..." and that "a _plan shall.be provided to demonstrate how the applicant proposes to handle solid wastes,'..be and demolition waste and recyclable materials currently categorized by the [DEP] as a waste ban material." MPS.WM2.2 describes the requirements of a construction and demolition;(C&D) waste management plan. The Applicant's 10/19/11 information states "vegetation will be removed as necessary prior to grading. Stumps and branches will either be chipped- on-site and used to stabilize sloped areas or removed and recycled off site." No estimate was provided with respect to the anticipated amount of land-clearing/grading wastes. The l0/19/11 information also Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December 15,2011 states that other "solid waste generated during construction consists,primarily of shipping material and packing such as cardboard, wooden pallets, plastic wrap, and PVC conduit.cut-offs." As such, the Commission finds that Solid,Waste shall be included in the scope of DRI review and that the,project- shall be conditioned to comply with MPS WM2.1 and WM2.2. Water Resources WRFi. The Commission.finds that the project site is located in a Wellhead Protection Area (WHPA),Marine Water Recharge Area(Lewis Bay watershed), and a Potential Public Water Supply Area (PPWSA). The developed portion of the.site is not located in a PPWSA and is mapped as a Water Quality Improvement Area. A public drinlang . water supply well (Airport Well) is located approximately 1,000 feet down-gradient -of the. site. A critical nitrogen threshold has been established by the Massachusetts Estuaries Project(MEP) for Lewis Bay.. As such, the Commission finds that Water Resources shall be included in scope bf DRZ review.- WRF2.. The Commission finds that the project includes installation of a stormwater . management system, including two', deep sump catch basins, vegetated swales, sediment forebays, and a storinwater recharge basin. The stormwater system will manage runoff primarily from the developed portion of the site as.well as potential . runoff issuing from the solar project site. The Commission finds that.Nitrogen loading analysis indicates that proposed treatment of stormwater runoff.from the existing development will result in a net reduction of nitrogen load to the watershed. WRF3. The Commission .finds that the. proposed re-vegetation of the site with drought- tolerant vegetation. and avoiding the use of .pesticides or herbicides are-.best management practices in MPS WR1.5, and the project shall be conditioned to meet this standard. WRF4. The Commission finds that storm runoff generated by the 25 year, 24 hour storm will be directed into.two, deep sump.-catch basins'that will discharge into water quality swales located at either end of the recharge basin pursuant to MPS WR7.4. WRF5. The Commission finds that the nitrogen loading limit established by MPS WR2.6 is 1 ppm-N for projects in Potential Public Water Supply Areas(PPWSA),which includes most of the project site. The nitrogen loading limit established-by MPS WR2.1 is 5 ppm N for Wellhead Protection Areas(WHPA),which includes the entire project site and its' surroundings. . The Commission finds that pre and post-construction nitrogen loading concentrations for both the project site and the developed portion of the lot within the drainage area of the proposed stormwater recharge basin are less than 1 ppm, and the project will result in a net reduction in nitrogen load to the watershed, consistent with MPS WR3.1. The Commission finds that the proposed development also meets the nitrogen loading standard pursuant to WR2.6, :which applies to sites within PPWSA's, as the nitrogen loading concentrations are less than 1 ppm and the 'nitrogen loading standard for general aquifer protection pursuant to MPS WRi.1 and for WHPA's(i.e.,5 ppm-N): WRF6. -The Commission finds that the project shall be conditioned to,comply with MPS WR7.10, which requires development and redevelopment to submit a Professional Engineer certified stormwater maintenance and operation plan demonstrating compliance with the Massachusetts Stormwater.Guidelines. Limited.DRI Project of Community BenefitHardship Exemption Decision Airport Way Nominee Trust Wildlife&Plant Habitat WPHF1. The Commission -finds that`:the..project site is -located in a Significant Natural Resource Area (SNRA) due to the presence of mapped rare species habitat (for barrens buckmoth) and a public wellhead-water supply protection area. The site is mapped as BioMap Core Habitat by the Natural Heritage,and Endangered Species Program (NHESP) due to the presence of Species of Conservation Concern and rare . species associated with the several coastal.plain ponds in the vicinity of the project site, also.known as the Hyannis Coastal Plain Ponds Complex due to the density of ponds with rare natural communities. The BioMap identifies areas that are a `conservation priority. Due to the sensitive. resources in the area, the Town of Barnstable and the State Division of Fisheries and Wildlife have acquired much of the land in proximity to the site. for conservation purposes or water supply protection, including three parcels adjacent to the site along Airport Way. As such, the Commission finds that Wildlife and Plant Habitat shall be included in the scope of DRI review. WPHF2. The Commission finds the assessment of the natural resources on the site provided by the.Applicant meets the requirements of WPHIa. The assessment did not find habitat suitable for the barrens.buckmoth on the site. A letter dated August 31, 2011 from the NHESP determined that the project will not result in a-"take"of state'listed rare species. The site assessment reports that the site is.wooded with mature oaks, pitch and white pines, and'a low and.medium height shrub understory.There are no wetlands or vernal pools on the site or proximate to the area of clearing.According to the. site assessment, the project was reconfigured to. avoid potentially significant habitat located within the transmission easement. According to the.Soil Survey for Barnstable County, the site contains Hinckley soils which are considered excessively . drained and have a shallow organic layer. WPHF3. The Commission finds that clearing of vegetation .and alteration of natural topography is minimized and the proposed project complies with MPS WPH1.2, . provided that.revegetation efforts are.subject to review and approval by Commission staff.: WPHF4. The Commission finds that fragmentation of wildlife and plant habitat is minimized, and that the project complies with MPS WPH1.3. Open Space OSFi. The Commission finds.that full compliance with the requirements of MPS'OS1.2 (Open Space Connections) would constitute a hardship,'financial or otherwise, by diminishing the community benefits to be conferred and that full`relief may be granted with substantial detriment to the public good and without'nullifying or substantially:derogating from the'intent or purpose of the.Act - The Commission . further finds that the relief granted relates directly to the'nature of the identified hardship and is the minimum relief necessary to address it. OSF2. MPS OS1.3 requires that."All development, excepting municipal projects serving municipal purposes, that qualifies as a DRI shall provide .permanently restricted upland open space." The Commission finds'that the total open space mitigation requirement under MPS OSi.3�fox the proposed project is �.8 acres (twice the total' new development area of 3.9 acres), with a cash equivalent of $86,765 per acre, or $676,767 for the proposed development. Limited.DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust -December a;5,2011 OSF3. The Commission.finds that full compliance with the requirements of MPS OS1.3 would constitute a hardship, financial or otherwise, by diminishing the community . benefits to be conferred and that 1 full relief may.be granted without substantial detriment to the.public good and without nullifying or substantially derogating from the intent or purpose of the Act. The' Commission further finds that the relief granted relates.directly to.the nature of the identified hardship and is the minimum, relief necessary to address it. OSF4. The Commission finds that the project.shall be conditioned to require the Applicant to provide an evaluation of the revegetation one year after.installation of the solar panels, prepared by a:wildlife/plant. biologist, to-determine,the success of the revegetation efforts in reestablishing a vegetated surface cover that has habitat value. If an inventory of existing vegetation at that time indicates that the site has failed to . revegetate with a reasonable mix of shrubs and grasses, the Applicant shall submit a' revegetation plan for Commission staff review and approval,which shall be executed in order to ensure meaningful habitat is established at the site: EconomieDevekwinent EDF1. Minimum Performance Standard EDi.i requires that development be located in Economic. Centers; Industrial Service Trade. Areas, or Village centers. The Commission finds that the project is not so located and is considered new development and therefore must meet four waiver criteria under ED1.3. EDF2. The Commission finds that the proposed project meets the following four criteria under MPS ED1.3: 1. Emerging Industry Cluster: The.project is consistent with the region's.Emerging Industry.Clusters,.,which include marine sciences and technology.; arts and culture; information and related technology; renewable and clean energy, and education and knowledge-based industries or other high-skill, high-wage, knowledge-based business activity;. 2. Distributed Energy Generation: The facility will be a clean renewable distributed energy generator. 3. Green Design: By creating.clean renewable energy the project meets the Green -Design criteria. . 4. Municipal Endorsement: The facility is.located within the Town of Barnstable's. Ground Mounted Solar Photovoltaic Overlay District.-.The purpose of the ordinance is to promote the creation of new large-scale ground-mounted solar photovoltaic installation like the proposed project.. EDF3. MPS ED4.1 requires that."Development of infrastructure and/or capital facilities shall be in response to existing regional demand and shall improve the availability, reliability, quality,and cost of services." The Commission finds that the proposed project meets this standard based on the following rationale: Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust Availability: This project would improve the'availability of'renewable solar energy on Cape Cod.by directly serving existing Cape Cod businesses. Reliability: The applicant,in their ED 4.1 Addendum, explains that this project will improve reliability in two ways. First, as solar energy the plant's peak generation period will exactly coincide with peak demand in the summer months on Cape Cod. Second,the plant will be located proximate to a feeder substation supplying power to the.Gape's commercial hub in Hyannis reducing the demand on the transmission system to pull power from more distant resources. Quality: The applicant outlines the environmental benefits of renewable energy and this project in particular on the first page of the project application: "Over the first twenty five years of this project's operation,. an estimated 45 . GigaWatt hours (GM) of energy will be produced. ...Given.the effectiveness with which each of the traditional.fuel sources generates electricity, avoiding the traditional generation of 45 GM eliminates the requirementfor: • 213 billion cubic feet of natural gas(the volume of over 1,000 Goodyear Blimps) and e 8o pounds of enriched uranium (derived from mined ore resulting in 40,000 cubic yards.of radioactive tailings)and .: 2,150 tons of coal(3,7oo cubic yards)and • 3-1,25Q gallons of crude oil. The direct environmental impact of mining, extracting, processing, transporting, and storing these fuels and their production byproducts will be avoided by 'this ' project. The reduction in hazardous solid waste and atmospheric contamination provided for by this project is also a significant local, regional, and global.benefit. .The . proposed project will avoid the environmental impact of solid waste and gaseous, emission products from the traditional electricity generation it off-sets. Using the emissions from current electricity generation according to Cape Light Compact, the 45 GM of solar electricity will avoid the release of the following: . ® 30,450 lbs of NOx o . 52,200 lbs Of SO2 31,666,5oo lbs of CO2 Limited DRI Project of Community Benefit Hardship Exemption Decision Airport.Way Nominee Trust . December 15,2011 i The project.will also eliminate the creation of 8o pounds of spent nuclear fuel material. This nuclear waste has a half-life of 1oo,000 years and presently has no permanent storage plan." Cost: As a net metered project, it will directly off-set the cost of energy for the consortium of developers that will own this project.As stated by the applicant "Since ownership of the proposed net metering project is local, the renewable energy it produces will offset local electricity expenses. The renewable energy attributes of . the system,in particular the Solar Renewable Energy Certificates(SRECs),will also provide economic flow into the region." EDF4. The application materials state, `The proposed project's management, engineering, financing; accounting, legal services,;construction, and maintenance are all being executed by local companies."Therefore, the Commission finds that the project is consistent with Best Development Practice (BDP) ED3.1, which encourages DRIB to employ a majority of local residents-and use a majority of local contractors,suppliers, professional service providers, and products during the planning, construction, and operational phases of the project.The Commission further finds that as the project is entirely locally owned; it is also consistent with BDP ED3.2 (Local Ownership), and as a local generator of electricity, the project meets BDP ED3.5 (Regional import Substitution) by reducing. the need to purchase energy, generated outside of the region... CONCLUSION Based on.the above findings,the Commission hereby concludes: .. 1. .That-the probable benefits of the proposed project are greater than the probable detriments. 2. That upon satisfaction of the conditions identified in this decision and with the specified relief:granted,- the proposed project is .consistent with the 2009 (as amended)Regional Policy Plan. 3. The project is consistent with the Town of Barnstable's Local Comprehensive Plan and its local development by-laws. 4. The project is consistent with the applicable Town of Barnstable District of Critical Planning Concern. CONDITIONS The Commission hereby approves, with conditions, the Limited DRI / Project of Community Benefit.Hardship Exemption application of My Generation Energy, Inc. -for the proposed construction of a 1.38 MW solar array at Ao Airport Way, Hyannis, Massachusetts, provided the following conditions are met: Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December ir._9611 I General Conditions. GC1. This decision is valid-for a period of seven (7) years and local development permits may be issued pursuant hereto for a period of seven (7)years from the date of this written decision. GC2: The applicant shall obtain: all necessary federal, state, and local permits for the proposed project. . GC3. Failure to comply with all conditions stated herein, and M.th all related statutes and other regulatory'measures;'and remain in compliance herewith, shall, be deemed cause to revoke or modify this decision. GC4. No development work, as the term "development" is defined in the Cape Cod' Commission Act,shall be undertaken until all appeal periods have elapsed or,if such an appeal has been filed,until all judicial proceedings have been completed. . All development shall be constructed'in a manner consistent with the following pl ans ans S P gP and other information (attached to this decision as Exhibit A and incorporated by reference): Sheet Co.o.1 titled"Cover Sheet • Sheet.C2.1.1 titled"Layout and Materials Plan" • Sheet C2.2.1 titled"Site Plan Showing Drainage, Grading,and Utilities" Sheet C2.4.1 titled"Site and Erosion Control Details" • Sheet-C2.4.2 titled"Site and Drainage Details" Any deviation to the proposed project from the approved plans, including but not ° limited to changes to the design, location, or other site work, shall.require approval by the Cape-Cod Commission through its modification process, pursuant to the Commission's Enabling Regulations. The Applicant shall submit to the Commission any additional information deemed necessary to evaluate any modifications to the approved plans. GC6. Prior to the issuance of a Building Permit for development,the Applicant shall obtain a Preliminary Certificate.of Compliance from the Commission that states that all conditions in this decision pertaining to issuance of a Preliminary Certificate of Compliance / Building Permit have been met. .Such Certificate of Compliance shall not be issued unless all conditions connected to the Preliminary Certificate of Compliance have been met: 'Z GCy. Prior to the issuance of a Final Building Permit signoff by the Town of Bye, the Applicant shall obtain a, Final Certffcate of Compliance •om the Commission that states that all conditions in this decision pertaining to:issuance of a' Final " Certificate of.Compliance / Final Building Permit signoff have been met: Such Certificate of Compliance shall not be issued.unless all conditions connected to the Final Certificate of Compliance have been complied with. GC8. The Applicant shall notify Commission staff in writing at least thirty(30) calendar days prior to its intent to seek a Preliminary and a Final Certificate of Compliance. Such notification shall include a list of key contact(s), along with their telephone numbers, mailing addresses, and. email addresses, for questions that may arise Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December 15,2011 f during the Commission's compliance review. Commission staff-shall complete an inspection under this'condition,if needed, and inform the Applicant in writing of any deficiencies and corrections needed. The Commission has.no obligation to issue any Certificate of Compliance unless and until all conditions are complied with. GC9. The Applicant agrees to allow Commission-staff to enter onto the property, which is the subject of this decision J after reason able-notice to the Applicant, for the purpose of determining whether the.'conditions contained in this decision including those required prior to issuance of the'Preliminary and Final Certificates of Compliance have been met. Waste Management WMC1. In accordance with Finding WMF2, Hazardous Materials on site at any time shall not exceed a Household Quantity, Le. 25 gallons or e uivalent dry weight,-in order to' meet MPS WM1A and WR2.2. Also, in accordance with Finding WMF2, Hazardous Wastes on site at any time shall not exceed a Household Quantity, defined by the Regional Policy Plan as a quantity of Hazardous Waste generated at the Very Small Quantity Generator level. as defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30.000 and which is -accumulated or stored in 55 gallons or less at any time on the site: W1VIC2. In accordance with Finding.WMF3, the Applicant shall provide to the Commission staff for review and approval, a.Pollution Prevention and Emergency Response Plan for both the-construction phase and normal operations that.identifies potential contamination sources,threats of Hazardous Material and Hazardous Waste releases to the environment, describes material storage and handling details,. containment and contingency plans for spill .response, prior to 'issuance of a Preliminary Certificate of Compliance. The _ Plan should include the description of spill prevention and containment materials, training protocol for on-site contractors, .contact information of the Massachusetts Department of Environmental Protection, and identification of a Licensed Site .Professional (LSP) and local spill cleanup firm pursuant to the requirements of MPS WM1.4. The-location of refueling site(s)for the project shall be subject to approval by the Town of Barnstable. WMCg- In accordance with Finding WMF4, the Applicant shall provide for Commission staff 1 review and approval,prior to issuance of a Final Certificate of Compliance, evidence of (a) registration with or'notification to the Massachusetts Department •of Environmental Protection as a generator of Hazardous Waste; (b) a written plan or protocol to manage the Hazardous Waste prior to disposal; and (c) a-signed contract with a registered,licensed company to dispose of the Hazardous Waste in order to comply with MPS WM1.5 and Massachusetts Hazardous Waste Regulations, 310 . CMR 30.000. WMC4. In accordance with Finding WMF 5, prior to issuance of a Preliminary Certificate of Compliance, the Applicant shall submit for Commission staff review and approval a plan that.addresses the disposal of construction waste and.which demonstrates how the Applicant proposes to handle solid wastes; construction and demolition waste and recyclable.materials currently-categorized by the[DEP] as a waste ban material. Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust. Water Resources WRC1. Prior to.issuance of a Final Certificate of Compliance, the Applicant shall submit for Commission staff review and approval a Turf'.and Landscape Management Plan pursuant.to MPS WRi.5 which requires.that the project adopt Best Management Practices, including avoiding or minimizing the amount of pesticides and chemical fertilizers, or utilizing alternatives to synthetic chemical fertilizers.and.pesticides in favor of organic and biological methods. WRC2. ' In accordance with WRF6, prior to the issuance of a Final Certificate of Compliance, the Applicant shall submit for Commission staff review and approval a Professional Engineer-certified stormwater maintenance and operation plan demonstrating compliance with the Massachusetts Stormwater Guidelines including a schedule for inspection,monitoring and maintenance in order to meet MPS WR7.10. Open Space OSC1. One year after .installation of.the solar panels, the Applicant shall provide to Commission staff an evaluation of the revegetation prepared by a wildlife/plant biologist to determine.the success of the revegetation efforts in.. reestablishing a vegetated surface cover that has habitat value. If an inventory of existing vegetation at that time indicates that the site has failed to revegetate with a reasonable mix of shrubs and grasses, the Applicant shall submit a revegetation plan for Commission staff review and approval, which shall be executed in order to ensure meaningful habitat is established at the site. SUMMARY The Cape Cod Commission hereby approves with conditions.the application of My Generation Energy, Inc. for the construction of a.1.38 MW solar array at 18o Airport Way, Hyannis, Massachusetts as a Limited DRI Project of Community Benefit Hardship Exemption as outlined in this decision pursuant to Sections 12 and 13 of the Act, c.71.6 of the Acts of 1.989, as amended. (Signature on last page) Limited DRI Project of.Community Benefit Hardship Exemption Decision .Airport Way Nominee Trust nm,,aTn}kar•t a on•t t __ r Peter sham, Commission Chair Date. COMMONWEALTH OF MASSACHUSETTS Barnstable, ss l' , 2011 Before me,the undersigned notary public personally appeared j Ee 9F.CL�7U�rM in his capacity as Chairman of the Cape Cod Commission,whose name is signed on the preceding document, and such person acknowledged to me that he signed such document voluntarily for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification,which was [^]photographic identification with signature issu d by a federal or state governmental agency, [� oath or affirmation of a credible witness,or [�,�personal knowledge of the undersigned. 7 Notary Public My Commission Expires. GAIL P. -:^NLEY Notary Public cttoHwenLrH of rss�cNua�ma My Commission Expires September 28;2018 Limited DRI Project of Community Benefit Hardship Exemption Decision Airport Way Nominee Trust December 15,2011 3225 MAIN STRE ET P..O: BOX 21 2 BARNSTABLE, MASSACHLISETTS 02630 '..- CAPE COD (508) 362-3828 Fax(508) 362-3136 o www.capecodcommission.org COMMISSION PRELIMINARY CERTIFICATE.OF:.COMPLIANCE FOR AIRPORT WAY NOMINEE TRUST I Date: January 24, 2012 To: Luke Hinkle My Generation Energy,Inc. 3 Diamonds Path,Unit 2 South Dennis,MA 02660 From: Cape Cod Commission Project Applicant: My Generation Energy,Inc. Property Owner:. Airport Way Nominee Trust Project: Airport Way Nominee Trust Photovoltaic Project Project Location: 18o Airport Way,Hyannis,MA 026o1 Project Number: TR11o16 Registry of Deeds Book/Page#: 11953/1 I hereby certify that My Generation Energy,Inc.,the Applicant on the above referenced project, has properly complied'with the Limited Development of Regional Impact(DRI) Hardship Exemption Decision dated.December 15,2011. Specifically,the Applicant has complied with conditions GC8,WMC2,and WMC4 of the December 15, 2011 Limited DRI Hardship Exemption decision requiring notification to Commission staff in writing 3o days prior to seeking the Preliminary Certificate of Compliance, submission of a Pollution Prevention and Emergency Response Plan for both the construction phase and normal operations, and a plan that addresses the disposal of construction waste and which demonstrates how the Applicant proposes to handle solid wastes,construction and demolition waste and recyclable materials currently categorized by the[DEP] as a waste ban 2 material. Therefore,the Applicant has satisfied all necessary conditions of the December 15, 2011 decision for issuance of the Preliminary Certificate of Compliance. The Town of Barnstable Building Inspector is hereby authorized to issue a Building Permit for the Airport Way Nominee Trust Photovoltaic Project located at 18o Airport Way in Hyannis, MA. aul Nie c ',Executive Director Date 7 COMMONWEALTH OF MASSACHUSETTS Barnstable,ss 119q 2012 Before me,the undersigned notary public,personally appeared Fa Ul Ni cd u LGk( ,in his/her capacity as Executive Director of the Cape Cod Commission,whose name is signed on the preceding document,and such person acknowledged to me that he/she signed such document voluntarily for its stated purpose. The identity of such person was proved tome through satisfactory evidence of identification,which was [_]photographic identification with signature issued by a federal or state governmental agency, [I oath or affirmation of a credible witness,or[!J personal knowledge of the undersigned.. Notary Pu i My Commission Expires: KRISTY TAFT SENATORI � Notary Public p}y Commonwealth of Massachusetts lye My Commission_Expires on June 30.2017 Airport Way Nominee Trust Photovoltaic Project—.Preliminary Certificate of Compliance January 24, 2012-Page 2 of 2 Message Page 1 of 1 Perry, Tom From: McLaughlin, Charles Sent: Wednesday, March 21, 2012 11:18 AM To: Perry, Tom Cc: Elrick, Richard; 'Bernie Kilroy' Subject: My Generation Energy, 180 Airport Way Dear Tom, Confirming my conversation with you this morning, I am in receipt of executed documents which conform to the security requirements of the ordinance. I will provide copies to you for the file and originals will be deposited with the Clerk's Office. In light of the above, you may issue a building permit when you are otherwise ready to do so. Don't hesitate to call if you have any questions or comments. Thanks. Charlie McLaughlin Assistant Town Attorney 3/22/2012 I <Toname:----> <Tofaxium:50B7901414> CERTIFICATE.OF INSURANCE o3r3o/zo11 "THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE (CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED !BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN /THE ISSUING INSURERS ,AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require and endorsement. A statement , n this certificate does not confer rights to the certificate holder in lieu of such endorsement. PRODUCER Bryden&Sullivan Ins Agcy Inc Po Box 1497 South Dennis,MA 02660 COMPANIES AFFORDING INSURANCE COMPANY A GRANITE STATE INSURANCE COMPANY INSURED Baltic Company Inc 87 Camp Opechee Road Centerville,MA 02632-0000 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR y THE POLICY PERIOD INDICATED,NOT WITHSTANDING ANY.REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE A WORKERS COMPENSATION AND.EMPLOYERS'LIABILITY - LIMITS HE PROPRIETOR/ ARTNERSIEXECUTIVE OFFICERS ARE - NCL o EXCL❑ 2502737 3/25/2011 3/25/2012 STATUTORY LIMITS OTHER Coverage Applies to.MA Operations Only. EACH ACCIDENT $ 500,000 DISEASE POLICY LIMIT $ 500,000 ISEASE-EACH EMPLOYEE $ 500,000 - DESCRIPTION OF OPERATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION MY GENERATION ENERGY SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE _ EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE - 3 DIAMOND PATH,STE 2 WIHTE THE POLICY PROVISIONS. SOUTH DENNIS, MA 02660 AUTHORIZED REPRESENTATIVE Of 5 I I Client#:23565 2MYGENERATIONEN DATE(MWDDNYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE 103/02/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)., PRODUCER CONTACT NAME: Dowling&O'Neil PHON N Eo Et 508 775-1620 A/C No). 5087781218 AIC x Insurance Agency E-MAIL ADDRESS: 973 lyannough Rd., PO BOX 1990 INSURER(S)AFFORDING COVERAGE NAIC# Hyannis, MA 02601 INSURER A:Nautilus Insurance Company INSURED INSURER B: My Generation Energy Inc. INSURER C_ 326 Yankee Drive INSURER D Brewster,MA 02631 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSRLSUBR WVD POLICY NUMBER MMIDDY EFF MM/DDY EXP LIMITS A GENERAL LIABILITY NN191817 12/15/2011 12115/2012 EACH OCCURRENCE $2 000 000 X COMMERCIAL GENERAL LIABILITY PREMISES RENTED ence $100 000 CLAIMS-MADE 5XI OCCUR MED EXP(Any one person) s5,000 X BI/PD Ded:1,000 , PERSONAL&ADV INJURY $1,000 000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $4,000,000 POLICY jE LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - . Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED { BODILY INJURY(Per accident) $ AUTOS ALTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE r AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC ITORY LIMITATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTNE YIN N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? El N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Job:Solar at 180 Airport Way PV Project . Insurance coverage is limited to the terms,conditions,exclusions,other limitations and endorsements. Nothing contained in the certificate of insurance shall be deemed to have altered,waived,or extended the coverage provided by the policy provisions. CERTIFICATE HOLDER CANCELLATION Town Of BaRlStable SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Hyannis,MA 02601 ' AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1. Of 1. The ACORD name and logo are registered marks of ACORD #S93080/M93079 LS1 ' ! OP ID:VG CERTIFICATE OF LIABILITY INSURANCE °A�'M 03/02/122112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 610-323-9420 CONTACT Body-Borneman Associates Inc. NAME` 230E Schuylkill Road A/C, o Ext: ac No): Pottstown,PA 19465 E-MAIL David A.Guzik,REM,CRM,CIC ADDRESS: PRODUCER CUSTOMER ID#:MYGEN-1 INSURER(S)AFFORDING COVERAGE NAIC# INSURED My Generation Energy,Inc. INSURERA:Liberty Mutual Insurance Co. 23043 326 Yankee Drive Brewster, MA 02631 INSURER B; INSURER C: INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE °DL IN2 B POLICY NUMBER MMIDDY EFF MPMIDI POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMIT ER A ANY PROPRIETORIPARTNER/EXECUTIVEY/N C1-31S-377422-11 04/15/11 04/15/12 E.L EACH ACCIDENT $ 100,00 OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ 100,00 tf yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,U more space is required) CERTIFICATE.HOLDER CANCELLATION TOWNOF8 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town Of Barnstable ACCORDANCE WITH THE POLICY PROVISIONS. Building Division TORT Perry. AUTHORIZED REPRESENTATIVE H Main Street,y Hyannis,MA 02601 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD NSTAR EL EC rflic GAS Exhibit F-Interconnection Service Agreement 1. Parties. This Interconnection Service Agreement("Agreement',dated as of February 28, 2012C!Effective Date")is entered into,by and between NSTAR Electric,a Massachusetts corporation with a principal place ofbusiness at One NSTAR Way,Westwood,MA 02090 (hereinafter referred to as the"Company'l,and Airport Way Notrdnee Trust,a Massachusetts entity with a principal place of business at 216 Thorton Drlve,Hyannis,MA 02601("Interconnecting Customer").•(The Company and Interconnecting Customer are collectively referred to as the"Parties"). Terms used herein without definition shall have the meanings set forth in Section 1.2 of the Interconnection Tariff which is hereby incorporated by reference.ID 1875. 2. Basic Understandings. This Agreement provides for parallel operation of an Interconnecting Customer's Facility with the Company EPS to be installed and operated by the Interconnecting Customer at 180 Airport Way,Hyannis,MA 02601 Account#TBD .(Facility name,address,and end-use customer account number,if applicable). A description of the Facility is located in Attachment 2. If the,Interconnecting Customer is not the Customer,an Agreement between the Company and the Company's Retail Customer, attached as Exhibit G to the Interconnection Tariff,must be signed and included as an Attachment to this Agreement. The Intercomecting Customer has the right to operate its Facility in parallel with the Company EPS immediately upon successful completion of the protective relays testing as witnessed by the Company and receipt of written notice from the Company that interconnection with the Company EPS is authorized("Authorization Date'. 3. Term. This Agreement shall become effective as of the Effective Date. The Agreement shall continue in full force and effect until terminated pursuant to Section 4 of this Agreement. 4. Termination 4.1 This Agreement may be terminated under the following conditions. 4.1.1 The Parties agree in writing to terminate the Agreement. J 4.1.2 The Interconnecting Customer may terminate this Agreement at any time by providing sixty(60)days written notice to Company. 4.1.3 The Company may terminate this Agreement upon the occurrence of an Event of Default by the Interconnecting Customer as provided in Section 18 of this Agreement. 4.1.4 The Company may terminate this Agreement if the Interconnecting Customer either.(1)fails to energize the Facility within 12 months of the Authorization Date;or,(2)permanently abandons the Facility. Failure to operate the Facility for any consecutive 12 month period after the Authorization Date shall constitute permanent abandonment unless otherwise agreed to in writing between the Parties.. $age 1 of 19 Interconnection Service Agreement i NSTAR ELECrRIC GAS 4.I.5 The Company,upon 30 days notice,may terminate this Agreement ifthere are any changes in Department regulations or state law that have a material adverse effect on the Company's ability to perform its obligations under the terms of this Agreement. 4.2 Survival of Oblieations. The termination of this Agreement shall not relieve either Party of its liabilities and obligations,owed or continuing at the time of t6mimation. Sections 5, 10, 12, 13,and 25 as it relates to disputes pending or for wrongful termination of this Agreement shall survive the termination of this Agreement. 4.3• Related Asreements. Any agreement attached to and incorporated into this Agreement shall terminate concurrently with this Agreement unless the Parties have agreed otherwise in writing. S. General Payment Terms. The Interconnecting Customer shall be responsible for the System Modification costs and payment terms identified in Attachment 4 of this Agreement and any approved cost increases pursuant to the terms of the Interconnection Tariff. If the system modifications exceed$25,000,Attachment 4 will include a payment and construction schedule for both parties. 5.1 Cost or Fee Adinstment Procedures The Company will,in writing,advise the Interconnecting Customer in advance of any cost increase for work to be performed up to a total amount of increase of 10%only. All costs that exceed the 10%increase cap will be bome solely by the Company. Any such changes to the Company's costs for the work shall be subject to the Interconnecting Customer's consent. The Interconnecting Customer shall,within tbirty(30)days of the Company's notice of increase,authorize such increase and make payment in the amount up to the 10%increase cap,or time Company willl suspend the work and the corresponding agreement will terminate. 52 Final Accountins. Upon request by the Interconnecting Customer,the Company'within ninety•(90)business days after completion of the construction and installation of the System Modifications described in an attached exhibit to the Interconnection Service Agreement, shall provide Interconnecting Customer with a final accounting report of any difference between(a)Interconnecting Customer's cost responsibility under the Interconnection Service Agreement for the actual cost of such System Modifications,and (b)Interconnecting Customer's previous aggregate payments to the Company for such System Modifications. To the extent that Interconnecting Customer's cost responsibility in the Interconnection Service Agreement exceeds Interconnecting Customer's previous aggregate payments,the Company shall invoice Interconnecting Customer and Interconnecting Customer shall make payment to the Company within 45 days. To the extent that Interconnecting Customer's previous aggregate payments exceed Interconnecting Customer's cost responsibility under this agreement,the Company shall refund to Interconnecting Customer an amount equal to the difference within forty five(45) days of the provision of such final accounting report. Page 2 of 19• Interconnection Service Agreement i ONSTAR EL EC rRIC GA S 6. Operating Requirements. 6.1 General Operating Requirements Interconnecting Customer.shall operate and maintain the Facility in accordance with the applicable manufacturer's recommended maintenance schedule,in compliance with all aspects of the Company's Interconnection TarM The Interconnecting Customer will continue to comply with all applicable laws and requirements after interconnection has occurred. In the event the Company has reason to believe that the Interconnecting Customer's installation may be the source of problems on the Company BPS,the Company has the right to install monitoring equipment at a mutually agreed upon location to determine the source of the problems. If the Facility is determined to be the source of the problems,the Company may require disconnection as outlined in Section 7.0 of this Interconnection Tariff. The cost of this testing will be bome by the Company unless the Company demonstrates that the-problem or problems are caused by the Facility or if the test was performed at the request of the Interconnecting Customer. 6.2 No Adverse Effects;Non-interference Company'shall notify Interconnecting Customer if there is evidence that the operation of the Facility could cause disruption or deterioration of service to other Customers served from the same Company EPS,or if operation of the Facility could cause damage to Company EPS or Affected Systems. The deterioration of service could be,but is not limited to,harmonic injection in excess of IEEE Standard 1547-2003,as well as voltage fluctuations caused by large step changes in loading at the Facility. Each Party will notify the other of any emergency or hazardous condition or occurrence with its equipment or facilities which could affect safe operation of the other Parry's equipment or facilities. Each Party shall use reasonable efforts to provide the other Party with advance notice of such conditions. The Company will operate the BPS in such a manner so as to'not unreasonably interfere with the operation of the Facility. The Interconnecting Customer will protect itself from normal.disturbances propagating through the Company EPS,and such normal disturbances shall not constitute unreasonable interference unless the Company has deviated from Good Utility Practice. Examples of such disturbances could be,but are not limited to,single phasing events,voltage sags from remote faults on the Company EPS, and outages on the Company EPS. If the Interconnecting Customer demonstrates that the Company EPS is adversely affecting the operation of the Facility and if the adverse effect is a result of a Company deviation from Good Utility Practice,the Company shall take appropriate action to eliminate the adverse effect. 6.3 Safe Operations and Maintenance Each Party shall operate,maintain,repair,and inspect,and shall be fully responsible for, •. the facility or facilities that it now or hereafter may own unless otherwise specified in this Agreement. Each Party shall be responsible for the maintenance,repair and condition of its respective lines and appurtenances on their respective side of the PCC. Page 3 of 19 Interconnection Service Agreement i i NSTAR EL.EC TRIC GAS The Company and the Interconnecting Customer shall each provide equipment on its respective side of the PCC that adequately protects the Company's EPS,personnel,and other ' persons from damage and injury. a 6.4 Access. The Company shall have access to the disconnect switch of the Facilit at all times. 6.4.1.Company and Interconnecting Customer Representatives. Each Party shall provide and update as necessary the telephone number that can be used at all times to allow either Party to report an emergency. . 6.4.2 Company Right to Access Company-Owned Facilities and Equipment If necessary for the purposes of the-Interconnection Tariff and in the manner it describes, the Interconnecting Customer shall allow the Company access to the Company's equipment and the Company's facilities located on the Interconnecting Customer's or Customer's premises. To the extent that the Interconnecting Customer does not own all or any part of the property on which the Company is required to locate its equipment or facilities to serve the Interconnecting Customer under the Interconnection Tariff,the Interconnecting Customer shall secure and provide in favor of the Company the necessary rights to obtain access to such equipment or facilities,including easements if the circumstances so require. 6.4.3.Right to Review Information. The Company shall have the.right to review and obtain copies of Interconnecting Customer's operations and maintenance records,logs,or other information such as, unit availability, maintenance outages, circuit breaker operation requiring manual reset, relay targets and unusual events pertaining to Interconnecting Customer's Facility or its interconnection with the Company EPS. This information will be treated as customer-confidential and only used for the purposes of meeting the requirements of Section 4.2.4 in the Interconnection Tariff, 7. Disconnection 7.1 Temporary Disconnection 7.1.1 Emergency Conditions. Company shall have the right to immediately and temporarily disconnect the Facility without prior notification in cases where,in the reasonable judgment of Company,continuance of such service to Interconnecting Customer is imminently likely to(i)endanger persons or damage property or(ii)cause a material adverse effect on the integrity or security o4 or damage to,Company EPS or to the electric systems of others to which the Company EPS is directly connected Company shall notify Interconnecting Customer promptly of the emergency condition. Interconnecting Customer shall notify Company promptly when it becomes aware of an emergency condition that affects the Facility that may reasonably be expected to affect the Company EPS. Page 4 of 19 Interconnection Service Agreement f .- NSTAR ' .EL EC TR/C GA S To the extent information is known,the notification shall describe the emergency condition,the extent of the damage or deficiency,or the expected effect on the operation of both Parties'facilities and operations,its anticipated duration and the necessary corrective action. 7.1.2 Routine Maintenance,Construction and Repair. Company shall'have the right to disconnect the Facility from the Company EPS when necessary for routine maintenance, construction and repairs on the Company EPS. The Company shall provide the Interconnecting Customer with a minimum of seven calendar days planned outage notification consistent with the Company's planned outage notification protocols. If the Interconnecting Customer requests disconnection by the Company at the PCC,the Interconnecting Customer will provide a minimum of seven days notice to the Company. Any additional notification requirements will be specified by mutual agreement in the Interconnection Service Agreement. Company shall make an'effort to schedule such curtailment or temporary disconnection with Interconnecting Customer. 7.1.3 Forced Outage's. During any forced outage,Company shall have the right to suspend interconnection service to effect immediate repairs on the Company EPS; provided,however,Company shall use reasonable efforts to provide the Interconnecting Customer with prior notice. Where circumstances do not permit such prior notice to Interconnecting Customer,Company may interrupt Interconnection Service and disconnect the Facility from the Company EPS without such notice. 7.1.4 Non-Emergency Adverse Operating Effects. The Company may disconnect the Facility if the Facility is having an adverse operating effect on the Company EPS or other customers that is not an emergency,and the Interconnecting Customer fails to correct such adverse operating effect after written notice has been provided and a maximum of ' 45 days to correct such adverse operating effect has elapsed 7.1.5 Modification of the Facility. Company shall notify Interconnecting Customer if there is evidence of a material modification to the Facility and shall have the right to -immediately suspend interconnection service in cases where such material modification has been implemented without prior written authorization from the Company. 7.1.6 Re-connection. Any curtailment,reduction or disconnection shall continue only for so long as reasonably necessary. The Interconnecting Customer and the Company shall cooperate with each other to restore the Facility and the Company EPS, respectively,to their normal operating state as soon as reasonably practicable following the cessation or remedy of the event that led to the temporary disconnection. 7.2 Permanent Disconnection. The Interconnecting Customer has the right to permanently discormect at any time with 30 days written notice to the Company. 7.2.1 The Company may permanently disconnect the Facility upon termination of the Interconnection Service Agreement in accordance with the terms thereof. ' I Page 5 of 19 Interconnection Service Agreement r r NS AR ' EL EC TR/C GAS 8. Metering. Metering of the output from the Facility shall be conducted pursuant to•the terms of the Interconnection Tariff. 9. Assignment Except as provided herein,Interconnecting Customer shall not voluntarily i assign its rights or obligations,in whole or in part,under this Agreement without Company's written consent Any assignment Interconnecting Customer purports to make without• i Company's written consent shall not be valid. Company shall not unreasonably withhold or Y delay its consent to Interconnecting Customer's assignment of this Agreement. Notwithstanding the above,Company's consent will not be required for any assignment made by Interconnecting Customer to an Affiliate or as collateral security in connection with a financing transaction. In all events,the Interconnecting Customer will not be relieved of its obligations under this Agreement unless,and until the assignee assumes in writing all obligations of this Agreement and notifies the Company of such assumption. 10. Confidentiality. Company shall maintain confidentiality of all Interconnecting Customer confidential and proprietary. information except as otherwise required by applicable laws and regulations,the Interconnection Tariff;or as approved by the Interconnecting Customer in the Simplified or Expedited/Standard Application form or otherwise. .11. Insurance Requirements. 11.1 General Liability. 11.1(a) In connection with Interconnecting Customer's performance of its duties and obligations under the Interconnection Service Agreement,Interconnecting Customer shall maintain during the term of the Agreement,general liability msurance with a combined single limit of not less than: L Five million dollars($5,000,000)for each occurrence and in the aggregate if the Gross Nameplate Rating of Interconnecting Customer's Facility is greater than five(5)MW. U. Two million dollars($2,000,000)for each occurrence and five million dollars($5,000,000)in the aggregate if the Gross Nameplate Rating of Interconnecting Customer's Facility is greater than one(1)MW and less than or equal to five•(5)MW; M. One•million dollars($1,000,000)for each occurrence and in the ' aggregate if the Gross Nameplate Rating of Interconnecting Customer's Facility is greater than one hundred(100)kW and less than or equal to one(1)MW, iv. Five hundred thousand dollars($500,000)for each occurrence and in the aggregate if the Gross Nameplate Rating of Interconnecting Customer's Facility is greater than ten(10)kW and less than or equal to one hundred (100)kW,except for as provide below in subsection 11.I(b). . Page 6 of 19 hrterconnection Service Agreement �STAR EL EC TR/C GA S 11.1(b) Pursuant to 220 CMR 18.03(2),no insurance it required for customers with facilities eligible for Class 1 Net Metering(facilities less than or equal to sixty. (60)W. However,the Company recommends that the Interconnecting Customer obtain adequate insurance to cover.potential liabilities. 11.1(c) Any combination of General Liability and Umbrella/Excess Liability policy limits can be used to satisfy the limit requirements stated above. 11.1(d) The general liability insurance required to be purchased in this Section 11 may be purchased for the direct benefit of the Company and shall respond to third party claims asserted against the Company(hereinafter known as"Owners Protective Liability"). Should this option be chosen,the requirement-of Section 11.2(a)will not apply but the Owners Protective Liability policy will be purchased"for the direct benefit of the Company and the Company will be designated as the primary and"Named Insured"under the policy. 11.1(e) The insurance hereunder is intended to provide coverage for the Company solely with respect to claims made by third parties against the Company. 11.1(f) In the event the Commonwealth of Massachusetts,or any other governmental subdivision thereof subject to the claims limits of the Massachusetts Tort Claims . Act,G.L.c.258(hereinafter referred to as the"Governmental Entity")is the Interconnecting Customer,any insurance maintained by the Governmental Entity shall contain an endorsement that strictly prohibits the applicable insurance company from interposing the claims limits of G.L.c.258 as a defense in either the adjustment of any claim,or in the defense of any lawsuit directly asserted against the insurer by the Company. Nothing herein is intended to constitute a waiver or indication of an intent to waive the protections of G.L:c.258 by the Governmental Entity, 11.1(g) Notwithstanding the requirements of section 11.1(a)through(f),insurance for certain Governmental Entity facilities may be provided as set forth in section i 11.1(g)(i)and(ii)below. Nothing herein changes the provision in subsection. I I.1(a)(iv)that exempts Class I Net Metering facilities(less than or equal to 60 kW)from the requirement to obtain insurance.In addition,nothing shall prevent the Governmental Entity from obtaining insurance consistent with the provisions of subsection 11.l(a)through'(f),if it is able and chooses to do so. (i) For solar photovoltaic(PV)facilities with a Gross Nameplate Rating in excess of 60 kW up to 500 kW,the Governmental Entity is not required to obtain liability insurance. Any liability costs borne by the Company associated with a third-party claim for damages in excess of the claims limit of the Massachusetts Tort Claims Act,M.G.L.c.258,and market-based premium-related costs,if any,borne by the Company associated with insurance for such third party claims shall be recovered annually on a .. " reconciling basis in Company rates in a manner that shall be reviewed and approved by the Department. Page 7 of 19 Interconnection Service Agreement A JUSTAR 1 ' EL EC TA/C GAS - (u7 For(a)PV facilities with a Gross Nameplate Rating in excess of 500 kW up to 5 MW,(b)wind facilities mith a Gross Nameplate Rating in excess of 60 kW up to 5 MW,and(c)highly efficient combined heat and power facilities with a Gross Nameplate Rating of in excess of 60 kW up to 5 MW,the Governmental Entity is not required to obtain liability insurance,subject to the requirements of the following paragraph The Company shall either self-insure for any risk associated with possible third- party claims for damages in excess of the Massachusetts Tort Claims Act limit, IN obtain liability insurance for such third-party claims,and the Company is authorized to charge and collect from the Governmental Entity'its pro-rats allocable share of the cost of so doing,plus all reasonable administrative costs. The coverage and cost may vary with the size and type of facility,and may change(increase or decrease)over time,based on insurance market conditions, and such cost shall be added to,and paid for as part of the Governmental Entity's electric bill 11.2 Iusurei Requirements and Endorsements. All required insurance shall be carried by reputable insurers qualified to underwrite insurance in MA having a Best Rating of W'. In addition,all insurance sball,(a) include Company as an additional insured;(b)contain a severability of interest clause or cross-liability clause;(c)provide that Company shall not incur liability to the insurance carrier for payment of premium for such insurance;and(d)provide for thirty(30) calendar days'written notice to Company prior to cancellation,termination,or material change of such-insurance;provided that to the extent the Interconnecting Customer is satisfying the requirements of subpart(d)of this paragraph by means of a presently existing insurance policy,the Interconnecting Customer shall only be required to make good faith efforts to satisfy that requirement and will assume the responsibility for notifying the Company as required above. If the requirement of clause(a)in the paragraph above prevents Interconnecting Customer from obtaining the insurance required without added cost or due to written refusal by the insurance carrier,then upon Interconnecting Customer's written Notice to Company,the requirements of clause(a)shall be waived. 11.3 Evidence of Insurance. Evidence of the insurance required shall state that coverage provided is primary and is not in excess to or contributing with any insurance or self-insurance maintained by Interconnecting Customer. The Interconnecting Customer is responsible for providing the Company with evidence of insurance in compliance with the Interconnection Tariff on.an annual basis. Prior to the Company commencing work on System Modifications,and annually thereafter,the Interconnecting Customer shall have its insurer finnish to the Company certificates of insurance evidencing the insurance coverage required above. Page 8 of 19 Interconnection Service Agreement " QNSTAR EL EC TR/C GAS ' The Interconnecting Customer shall notify and send to the Company a certificate of insurance . for any policy written'on a"claims-made basis. The Interconnecting Customer will maintain extended reporting coverage for three years on all policies written on a"claims made"basis. In the event that an Owners.Protective Liability policy is provided,the original policy shall be provided to the Company 11.4 Self Insurance. If Interconnecting Customer has a self-insurance program established in accordance with commercially acceptable risk management practices,Interconnecting Customer may comply with the following in lieu of the above requirements as reasonably approved by the Company: • Interconnecting Customer shall provide to Company,at least thirty(30) calendar days prior to the Date of Initial Operation,evidence of such program to self-insure to a level of coverage equivalent to that required. • If Interconnecting Customer ceases to self-insure to the standards required hereunder,or if Interconnecting Customer is unable to provide continuing evidence of Interconnecting Customer's financial ability to self-insure,Interconnecting Customer agrees to promptly obtain the coverage required under Section 11.1. This section shall not allow any Governmental Entity to self-insure where the existence of a limitation on damages payable by a Government Entity imposed by the Massachusetts Tort Claims Act,G.L.c.258,or similar law,could effectively limit recovery(by virtue of a cap on recovery)to an amount lower than that required in Section 11.1(a), 11.5 All insurance certificates,statements of self insurance,endorsements,cancellations, terminations,alterations,and material changes of such insurance shall be issued and submitted to the,following: NSTAR Electric] Attention: J.V.Feraci One NSTAR Way Mailstop:SLIMSW390 Westwood,MA 02090 Page 9 of 19 Interconnection Service Agreement r _ NS'TAR EL EC rRIC GA S 12. Indemnification. Except as the Commonwealth it precluded from pledging credit by Section 1 of Article 62 of the Amendments to the Constitution of the Commonwealth of Massachusetts,and except as the Commonwealth's cities and towns are precluded by Section 7 of Article 2 of the Amendments to the Massachusetts Constitution from pledging their i credit without prior legislative authority,Interconnecting Customer and Company shall each indemnify,defend and hold the other,its directors,officers,employees and agents(including, but not limited to,Affiliates and contractors and their employees),harmless from and against all liabilities,damages,losses,penalties,claims,demands,suits and proceedings of any nature whatsoever for personal injury(including death)or property damages to unaffiliated third parties that arise out of or are in any manner connected with the performance-of this Agreement by that Party except to the extent that such injury or damages to unaffiliated third parties may be attributable to the negligence or willful misconduct of the Party seeking indemnification. 13. Limitation of Liability. Each Parry's liability to the other Party for any loss,cost,cIaim, injury,liability,or expense,including court costs and reasonable attorney's fees,relating to or arising from any act or omission in its performance of this Agreement,shall be limited to the amount of direct damage or liability actually incurred. In no event shall either Party be ' liable to the other Party for-any indirect,incidental,special,consequential,pr punitive damages of any kind whatsoever. 14. Amendments and Modifications No amendment or modification of this Agreement shall be binding unless in writing and duly executed by both Parties. ' 15. Permits and Approvals Interconnecting Customer shall obtain all environmental and other permits lawfully required by governmental authorities for the construction and operation of the Facility. Prior to the construction of System Modifications the interconnecting customer will notify the Company that it has initiated the permitting process.. Prior to the commercial operation of the Facility the Customer will notify the Company that it has obtained all permits necessary. Upon request the Interconnecting Customer shall provide copies of one or more of the necessary permits to the Company. 16. Force Majeure For purposes of this Agreement,"Force Majeure Event"means any event: a. that is beyond the reasonable control of the affected Party;and b. that the affected Party is unable to prevent or provide against by exercising commercially reasonable efforts,including the following events or circumstances,but only to the extent they satisiq the preceding requirements:ads of war or tenrodsm,public disorder,insurrection,or rebellion;floods,hurricanes, earthquakes,lightning,storms,and other natural calamities;explosions or fire; strikes,work stoppages,or tabor disputes;embargoes;and sabotage..If a Force . Majeure Event prevents a Party from fulfilling any obligations under this Agreement,such Party will promptly notify the other Party in writing,and will keep the other Party informed on a continuing basis of the scope and duration of the Force Majeure Event. Page 10 of 19 Interconnection Service Agreement 5 NS'7AR EL EC rRIC ✓ GA S The affected Party will specify in reasonable detail the circumstances of the Force Majeure Event,its expected duration,and the steps that the affected Party is taking to mitigate the effects of the event on its performance.The affected Party will be entitled to suspend or modify its performance of obligations under this Agreement,other than the ' obligation to make payments then due or becoming due under this Agreement,but only to the extent that the effect of the Force Majeure Event cannot be mitigated by the use-of reasonable efforts. The affected Parry will use reasonable efforts to resume its performance as soon as possible.In no event will the unavailability or inability to obtain finds constitute a Force Majeure Even. 17. Notices 17.1 Any written notice,demand,or request required or authorized in connection with this Agreement C Notice'D shall be deemed properly given on the date actually delivered in person or five(5)business days after being sent by certified mail,e-mail or,fax with confirmation of receipt and original follow-up by mail,or any nationally recognized delivery service with proof of delivery,postage prepaid,to the person specified below: If to Company: Name.NSTAR Electric Attention: Joseph V.Feraci,Jr. Mail Stop SUMSW390 One NSTAR Way Westwood,MA 02090 Phone:781-441-8196 FAX:781-441-8721 If to Interconnecting Customer. Name:Airport Way Nominee Trust Attention:Dana.Soderberg Address: 216 Thorton Drive City: Hyannis,MA 02601 Phone:774-836-3449 FAX:None Email:dsoderberg@shepleywood.com 17.2 A Party may change its address for Notices at any time by providing the other Party Notice of the change in accordance with Section 17.1. 17.3 The Parties may also designate operating representatives to conduct the daily communications,which may be necessary or convenient for the administration of this Agreement. Such designations,including names,addresses,and phone numbers may be communicated or revised by one Party's Notice to the other. Page l I of 19 Interconnection Service Agreement i NST�4R EL EC TR/C GAS 18. Default and Remedies. 18.1 Defaults. Any one of the following shall constitute"An Event of Default." (i) One of the Parties shall fail to pay any undisputed bill for charges incurred under this Agreement or other amounts which one Party owes the other Party as and when due,any such failure shall continue for a period of thirty(30)days after written notice of nonpayment from the affected Party to the defaulting Party,or (ii) One of the Parties fads to comply with any other provision of this Agreement or breaches any representation or warranty in any material respect and fails to cure or remedy that default or breach within sixty (60)days after written notice and demand by the affected Party to cure the same or such longer period reasonably required to cure(not to exceed an additional 90 days unless otherwise mutually agreed upon),provided that the defaulting Party diligently continues to cure until such failure is fully cured 18.2 Remedies.Upon the occurrence of an Event of Default,the affected Party may at its option,in addition to any remedies available under any other provision herein,do any,or any combination,as appropriate,of the following: a. Continue to perform and enforce this Agreement; b. Recover damages from the defaulting Party except as limited by this Agreement; c. By written notice to the defaulting Party terminate this Agreement; d .Pursue any other remedies it may have under this Agreement or under , applicable law or in equity. 19. Entire Agreement_ This Agreement,including any attachments or appendices,is entered into pursuant to the Interconnection Tariff. Together the Agreement and the Interconnection ' Tariff represent the entire understanding between the Parties,their agents,and employees as to the subject matter of this Agreement Each Party also represents that in entering into this Agreement,it has not relied on any promise,inducement,representation,warranty, agreement or other statement not set forth in this Agreement or in the Company's Interconnection Tariff. 20. Supercedence. In the event of a conflict between this Agreement,the Interconnection Tariff:, or the terms of any other tariff,Exhibit or Attachment incorporated by reference,the terms of the Interconnection Tari:%as the same may be amended from time to time,shall control. In the event that the Company files a revised tariff related to interconnection for Department approval after the effective date of this Agreement,the Company shall,not later than the date of such filing,notify the signatories of this Agreement and provide them a copy of said filing. "Page 11 of 19 Interconnection Service Agreement NSTAR EL EC MIC GA S 21. Governing Law. This Agreement shall be interpreted,governed,and construed under the laws of the Commonwealth of Massachusetts without giving effect to choice of law provisions that might apply to the law of a different jurisdiction. 22. Non-waiver. None of the provisions of this Agreement shall be considered waived by a Party unless such waiver is given in writing. The failure of a Party to insist in any one or more instances upon strict performance of any of the provisions of this Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights for the future,but the same shall continue and remain in full force and effect. 23. Counterparts. This Agreement may be signed in counterparts. 24. No Third Party Beneficiaries, This Agreement is made solely for the benefit of the Parties hereto. Nothing in the Agreement shall be construed to create any rights in or duty to,or standard of care with respect to,or any liability to,any person not a party to this Agreement. 25. Dispute Resolution. Unless otherwise agreed by the Parties,all disputes arising under this Agreement shall be resolved pursuant to the Dispute Resolution Process set forth in the Interconnection Tariff. i 26. Severability. If any clause,provision,or section of this Agreement is ruled invalid by any court of competent jurisdiction,the invalidity of such clause,provision,or section,shall not affect any of the remaining provisions herein. 27. Signatures IN V PTMSS WHEREOF, the Parties hereto have caused two (2) originals of this Agreement to be executed under seal by their duly authorized representatives. Interconnecting �Customer Company BY: �� / BY: Na*v /-uK`� ,'r,k1�? Name: avidN.Le Title, R�ty�r^, �� Aj,-, -f- Title: Manager,Technical Center ' I I Page 13 of 19 Interconmection Service Agreement I � ALVA NSTAR EL EC TR/C - GA S The following attachments will be included as anpronriate for each specific Interconnection Service Agreement. Attachment 1: Definitions(See Section f.2 of Tarr i Attachment 2: Description of Facilities,including demarcation of Point of COnnIDOn Coupling Attachment 3: Description,of System Modifications Attachment 4: Costs of System Modifications and Payment Terms - . Attachment 5: Special Operating Requirements,if any Attachment 6: Third Party Owner Agreement (N/A) Page 14 of 19 Interconnection Service Agreement i NS TAR EL EC rRIC GA S Attachment 1--•Defiinitions (See Section 1.2 of Tariff Page 15 of 19 Interconnection Service Agreement i NSTAR I . EL EC TR/C GAS Attachment 2. Description of Facilities,including demarcation of Point of Common Coupling i Page 16 of 19 Interco=ection Service Agreement �X, el;� FRvFc'aSEr �•P�I�•('iY� - PAfJ M400 t-I r (•'l5 E R GENERAL NOTES 71ZAI�Fi7 �k' \mil �L-E 1 ALL WORK SHALL CONFORM TO THE MASSACHUSETTS ELECTRICAL CODE ALL WORK SHALL CONFORM.TO THE ELECTRIC UTILITY CO SPECIFICATIONS. i MATERIALS SHALL BE UL LISTED AND LABELED. t,4E DES _ "r 1�T�u1�fir rM W-FrAre-b7A4JVM2V-., EQUIPMENT SHALL BE INSTALLED IN ACCORDANCE WITH MANUFACTURERS INSTALLATION INSTRUCTIONS. CIRCUIT BREAKERS SHALL BE RATED FOR REVERSE'FEED. . �prE2 I�oI�c.TIo,J ��lITGI-I . vF -�ZoovA �xtrc� .i �l M.tiil SWrtGHp,�/ifLC "MSfa'' _ 3f 2c�xi�+: `r�vf7-1✓,�FN,i{4!, �P�•IrxJt•.17�t7 . I;Sfi.L. FiJR FI;ar.*-P.S • :.7fo,: +7o�.Gi2 Pn.r�i�.l� 1239.ICv,/ . (MINIMUM] l•a�lE - c7Mn4JJrJl�1.YI��J FnX�F-,FJaPNta51rtLr IOOA A,1 ML8 ;zM6itJEP - 401?IV PA t-IE:t� �=�:���! ,oL.-.R Pb iJEL ' ��VI�>✓D 7-?13-I I try o1" (5)na�-3P ---1 -2 -bW24c, "1-r0) J r�IIGR oJ�RT= AREA S 1-I SO AIRPORT WAY—BARNSTABLE,NIA I i �stoF �� Prepareq By:Swan Engineering,Inc. J Z ? L S "Iot rIJ AP. e Prepared for:My Generadon Energy w V I RI t,lr�(rrP) !' ° W Issued:For Electric Utility Co.Application 710-11 LT(PIGA, F-F 5 mot, 4ut ; •, ^� Not for Construction - Ff�-CFO�t✓G ��P•J� ' i l.�= C%•i1--.:��.►`'l �(�.8-�l NSTAR TO; CUSTOMER TO; •INSTALLA PRIVATE UNDERGROUND SYSTEM. PRIMARIES REPLACE CIA FO WITH 40'CL1 TRANSFER PRIMARIES AND NEUTRAL AL. SYSTEM TO BE FED FROM POLE 168812 PRIMARY METERING CLUSTER THREE PHASE •352121 REPLACE 35'CL 4 WITH 45'CL1 FO TRANSFER THREE PHASES INSTALL 4X1/0 ACSR TO POLE 168811 •MAKE ALL CONNECTIONS IN PADMOUNT TRANSFORMER VIA POLE 352120 24W+/- INSTALL 3 PHASE TRANSFORMER BANK 25 KVA !MAKE RISER TERMINATIONS ON PRIMARY CABLE 22.0 KV 1201208 MAKE 120 CONNECTION FOR ST LIGHTS HAVE AN ACCEPTANCE TEST DONE AND PASSED 3 CUTOUTS FOR SOURCE RECLOSER ~�`~ a •352/20 REPLACE 35'CL4 WITH 45'CL1 FO TRANSFER O 'THREE PHASES AND BUILD POLE FOR THREE PHASE z�- 'PRIMARY LATERAL TO POLE 108811 AND 12 100'+/- REMOVETRANSFORMER Z '352119 REPLACE 35'CL4 WITH 46'CL1 FO TRANSFER THREE PHASES,THREE PHASE RISER,AND lu SECONDARY NEUTRAL Z *352/i6 REPLACE 1991 FO 35'CL4 WITH 40'CL1 TRANSFER SINGLE PHASE AND SECONDARY,RISER TRANSFORMER AND CUTOUT •1688M NSTAR TO INSTALL 50'CL 1 FO POLE FRAME I 352/19 ' 01+- POLE INSTALL 3 PHASE 27 KV 600 AMP NOVA RECLOSER INSTALL 3-110 ACSR PRIMARIES AND 1-NEUTRAL 1688/4 I ®� . _ •168812INSTALL 46'CL i POLE DEADEND THREE ' 45,+/�. BS8� PHASES AND NEUTRAL INSTALL PRIMARY METERING CLUSTER ' ---_._..__._..-- ----. ---• -- _ 2J2 •362/23 REMOVE THREE CUTOUTS +1- •60142 A MARY DUNN RD.CHANGE FUSES TO 85T 4X1/0A 352/21 November 14,2011 WO#184244i CIRCUIT 92-A NSTAR 1688 180 AIRPORT WAY CHRIS MURPHY HYANNIS HYANNIS Airport Way Nominee Trust Y 180 Airport Way Hyannis,NIA 02601 Monday,May 23,2011 NSTAR One NSTAR Way Westwood,MA 02090 ' RE: 180 Airport Way Hyannis,MA Please accept this letter as notification that Luke Hinkle,President of My Generation Engergy.com,is working as an agent for Airport Way Nominee Trust in the application process of installing solar panels on site. Thank you for your cooperation in this matter. Please feel free to contact me should you have any questions or require additional information. J. B MacGrd4or M alter r : NSMAW EL EC TRI e GA S Attachment 3—Description of System Modifications Page 17 of 19 Interconnection Service Agreement I NSTi4R Y ' - ELECTRIC GAS Attachment 4-Costs of System Wdirlcations The cost of system modifications for this project total$123,104.00 and include work to be done as shown in Attachment 5 documents and include labor for recloser settings. Page 18 of 19 Interconnection Service Agreement NSTAR - EL EC TRIC GA S Attachment S—Special Operating Requirements ` . This facility will be tripped off line when the normal feed that supplies the electric power, for-this project is out of service or fed from another electrical feed. Please note that when the facility is tripped off-line for the above circumstance,there will be no power to the facility at all and it is up to the customer to supply any power needed during that time. Page 19 of 19 Interconnection Service Agreement I 92OD/214 ,9185/13 14-/16 ll 1 .4 /' IB6. 1 / URD i 3URD i 333 i 2aT 165/19 r ffKVAR6T e fed from 5ha;496i on Pole 60142A Of Mary 0urm Rd ._. 9200 10 system Eq recommends 157 / 1 40T fuse be replaced by 600 Amp a3U.Hwaanr due 15T 1104/p2 to costs customer.Install our 9200/i BARNSTABLEfusasandRelayandProteopon 1 4YATERw1U need to coordnate betweenFuses,recloser and customer's 9 / COMPANY relay package. ... 6D/ 40T i HYANNIS 1S MVA Phob VoltobArray JUNCTION STA �f861 SOURCE i Pdmerymelarb�persfar�derdC460D I. i BARNSTABLE 7224 a sy-0ireotlorrolreeheerasrequestedbytBya.Planrdng i MUNICIPAL AIRPORT rap3PHalpolea67Jm. BARNSTABLE PW _— 16 352/19 5 Remow 25Tfuaes pole 9511ib 352/3 arporiRdI 67 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel 00 8 DC_/ Application # c )O D 7. Health Division Date Issued l Z 7Z Conservation Division Application Fee Planning Dept. Permit Fee ��. � Date Definitive Plan Approved by Planning Board Historic- OKH Preservation / Hyannis Project Street Address 190 k Irpy4 lnllti�"i Village va r.a is Owner , b b Address a 1 �0v^n4ttn ����� utR2rt✓ilS Telephone 7 "U L 3�H_9 Permit Request -Ati111 o 11 o� G a 3 k 11 D� ?V AL to4 JL 40 rm 1 vt S 1 0'+ Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size ' gCre5 Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family (# units) Age of Existing Structure _ Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Area (sq.ft.) _ Basement Unfinished Area (sq.ft) Number of Baths: Full: existing _ new Half: existing new Number of Bedrooms: existing —new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑ Gas ❑Oil ❑ Electric ❑ Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ w Commercial ❑Yes ❑ No If yes, site plan review # d ZR Current Use Proposed Use �- APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name BA)G (25'+p00 y, -1:4 G . Telephone Number -2��� I / 3 Address C&ry e O De& ee, M. License # 9"1 q 76 Linns Rew1;�0�S reA41>n, i) M A _ 02-63L Home Improvement Contractor# Worker's Compensation # WC 2 50 2,73-7 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO c-lrm 6 1) 1 r sfcr S� SIGNATURE DATE I z/2/�ff ,r FOR OFFICIAL USE ONLY APPLICATION# -DATE IS%QE_R - ,F MAP/PARCEL NO. c ADDRESS VILLAGE OWNER i} 1 1 -t DATE OF INSPECTION: .r .FOUNDATION• FRAME ;t INSULATION:! FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL F,. ROUGH w.» - FINAL t oF'I.NAL BUILDING -• 4 . DATE CLOSED OUT ASSOCIATION PLAN NO. t The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations d 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Z.141W Sn',��V/&5164)s n ` Please Print Legibly Name(Business/Organization/Individual): /�/7 L % �C/�!' �y / �� Address: S 7 e'cam c�-r� dy e Apt. City/State/Zip: C.2_w'11ar" IYA (JZ63L. Phone.#: �� 2 7;— 73 7 Are you an employer? Check the appropriate box: Type of project(required):., 1.❑ I am a employer with 4. ❑ I am a general contractor and I employees(full and/or part-time).*. have hired the sub-contractors 6. New construction . 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have 8. ❑Demolition workingfor me in an capacity. employees and have workers' Y P ty. 9. ❑Building addition [No workers' comp.insurance comp, insurance.t d.re uire 5. We are a corporation and its 10.❑ Electrical repairs or additions required.] officers have exercised their 11. 3.❑ I am a homeowner doing all work ❑Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑ Roof repairs insurance required.]t c. 152, §1(4), and we have no employees. [No workers' 13. Other S0 Gxc 9V S w(e. comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: /'.,�-J4-4 v! f4,,—&✓e� a.. / S • e/ P c Policy#or Self-ins.Lic.#: (Nl- 2-. o 2 7 3 -] Expiration Date: 02 2 3 / 12 d Job Site Address: /Y�' � r`/��' ' ' City/State/Zip: Ct vH^t j 11 ty/r .oZ 6.o Attach a copy of the workers' compensation policy declaration page(showing the policy num er and expiration date). Failure.to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify u r the pains and penalties of perjury that the information provided above is true and correct Si ature: Date: IZ12% 1f Phone#: /,6 617 7 3 7 Official use only. Do not write in this area,to be completed by city or town offzciaL City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector S.Plumbing Inspector 6.Other Contact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for,the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been.presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s)of . insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space-at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all-locations in-(city or . town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone-and fax number:. The Commonwealth of Massachusetts '- 'Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02.111 Tel. ##617-727-4900 ext 406 or 1-877-MASSAFE Fax A 617-727-7749 Revised 11-22-06 www.mass.gov/dia o�TME Town of Barnstable Regulatory Services f f * S « Thomas F. Geiler,Director Building Division Tom Perry,Building Commissioner 200 Main Street;Hyamis,MA 02601 www.town.barnstablema:us Office: 509-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder I, M4A` Ns-4,4 N. as Owner of the subject property hereby authorize Zlra 5 �PI!/r�S Z4 S c �O-' a K (h< to act on ray beh4 in all matters relative to work authorized by this,building permit (Address of Job **Pool fences and alarms.are the responsibility of the applicant. Pools are not to be filled before fence is installed and pools are not to be utilized until all final inspections are performed and accepted. LW KLSQ Signature of Owner Signature of Applicant Print Name Print Name `'1 it Date QTOW&DWNERPERhOSIONPOOLS <Toname:----> <Tofaxnum•5087901414> CERTIFICATE,OF INSURANCE :. 03/30/2 011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS ,AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed: If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require and endorsement. A statement n this certificate does not confer rights to the certificate holder in lieu of such endorsement. PRODUCER Bryden&Sullivan Ins Agcy Inc Po Box 1497 South Dennis,MA 02660 COMPANIES AFFORDING INSURANCE COMPANY A GRANITE STATE INSURANCE COMPANY INSURED Baltic Company Inc 87 Camp Opechee Road Centerville,MA 02632-0000 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE A WORKERS COMPENSATION D EMPLOYERS'LIABILITY _ UMITS HE PROPRIETOR/ ARTNERSIEXECUT_NE _ FFICERS ARE: NCL o EXCL❑ 1 2502737 1 3/25/2011 1 3/25/2012 STATUTORY LIMITS THER erage Applies ro MA Operations Only. EACH ACCIDENT $ 500,00 DISEASE POLICY LIMIT $ 500,00 ISEASE-EACH EMPLOYEE $ 500,000 DESCRIPTION OF OPERATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION MY GENERATION ENERGY SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE - EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE 3 DIAMOND PATH,STE 2 WIHTE THE POLICY PROVISIONS. SOUTH DENNIS,MA 02660 AUTHORIZED REPRESENTATIVE Mass:ti:.husetts-Dci►ai-tme.nt of Public S:►#'ctN Board of Building Rqui dations and Standards Cohstruction Supervisor License License: cS 94476 LINAS REVINSKAS 87 cAMP OPECHEE RD cENTERVILM NA 02632 Expiration: 10/2/2013 C"nmmE�sir,+it r Tr-: 6178 f M C K E N Z f November 15,20 11 1 ENGINEERINGMr. Luke Hinkle CONSULTANTS My Generation Energy structural•mil environmental. 3 Diamonds Path Suite 2 S. Dennis,MA 02660 RE: Structural.Review of Existing Roof System for Solar Panel Array Installation, Former Cape&Islands Steel, 180 Airport Way,Hyannis Dear Mr. Hinkle, McKenzie Engineer Consultants, Inc has completed review and analysis'of the existing roof system for the proposed installation of a solar,panel arrayfor,the former Cape& Islands Steel building located at 180 Airport Way in Hyannis. We reviewed the existing,conditions and determined the configuration of the structural system of the pre-engineered light-gage steel building with a standing seam metal roof We made note of the size and location of purlins,roof bar joists, support beams, and post locations, as well as the connection of these components. Additionally we reviewed the connection system for the standing seam roof to the building frame. We completed analysis of the proposed solar panel system for gravity loads and wind uplift loads based on the layout information provided by your office. We used the weight of the panels and the associated rail system to determine the added gravity loads to the roof and supporting structure. We used ASCE 7-05 to derive the wind uplift pressures on the proposed solar panels using the current code wind speed of 120 mph in Exposure B. The pressures for components and cladding for roof elements was used to determine the specific uplift pressures on the solar panels to determine the uplift loads on the S-S-U connectors that are proposed to be used;to attach the rack system to the standing seams. Based on our analysis using ASCE 7-05 for determining wind uplift,the maximum uplift pressure was found to be 25.9 p.s.f.for the height of the building and assuming a flat pitched roof(which is worst case). Using this pressure,we checked the uplift #: e capacity of the S-5-U connectors and find that the maximum uplift at these connectors is 225.lbs using a maximum spacing of four.feet on center.` The allowable uplift based i on information from•the manufacturer is greater than 400 lbs uplift. We reviewed the capacity of the standing seam and purlin roof system with regards to dead, live,and snow loads. There is significant additional capacity of the roof structure when comparing the allowable total load on'the standing seam roof system to the design dead, live,and snow.loads in the building code. The existing standing seam roof and the 1279 Millstone Road Brewster,MA 02631 t 774,353.2144 f 774.353.2142 www.mckengineers.com . adequate t carry the additional dead load imposed t supporting structure below�s ad q o rry p d by he proposed solarpanel array system. If there are any questions,on this matter, feel free to contact me at an time. tµ OF M Sincerely � o ^� Ik9ARK A. CIVIL M A. McKenzie, Pr s.�.McKenzie Engin ts,Inc. + Atch: Panel Layout Plan f f Solar Layout C&I Steel Building , 96 Modules — 23 KW S I Roof trusses j ? I i , i.. II II spaced every four II ,« feet ( i ; I I fl ` I I m�.wrwwnrc�x � I; A Purlin spaced every i7. 4 feet J' I 4I fi Module Type—Sharp 24 Total.modules-.96 �: i[ _j' :.id •i I:{. I.,[, t I' i li � i. 'II -ij .:. i LJu F f � S C G pP Y ..Y^ w The S-S-U Clamp � �I The S-5-U clamp is by far our most F popular and most versatile clamp. , It'will fit about 85% of the standing • • • seam profiles manufactured in North • o o ` � sN fill America—including most structural • • o o "� and architectural profiles. It can be used on vertically oriented seams and • • by rotating the clamp 90 degrees it • o o 0 can also be used on most horizontal 2" seam profiles. • ' • • / L� Iis simple design, generous dimensioning and multiple hole orientations are what make it so versatile for use with S-5!TM snow retention products and other heavy-duty applications. nstallation is as simple as placing the clamp on the seam and tightening the - 1patented round-point setscrews to the specified tension. Then, affix ancillary : - ;{ ` items using the bolt provided. Go to www.S-5.com/tools for information and tools available for properly attaching and tensioning S-5!TM clamps. = The S-S-U Mini K' The S-5-U Mini is a medium-duty, non-penetrating seam clamp. (A bit shorter than the S-5-U and having one ;:. setscrew rather than two.) The Mini is the choice for attaching r all kinds of rooftopaccessories: signs, walkways, satellite g Y dishes, antennas, rooftop lighting, lightning protection systems, `- solar arrays, exhaust stack bracing, conduit, condensate lines, mechanical equipment—just about anything!* *S-S!l Mini clamps can be used with RamGard®unitized snow guards,but are not compatible and should not be used with S-S!Tm SnoRail'TM/SnoFence" or.ColorGardO snow retention systems. • • • • • 888-82S-3432 www.S- S .com w TM Unprecedented Innovation Unmatched Quality. ® Unbelievable Price ' Say- I�n1p S-5-U Mini M8 hole centered 3/8"or M10 hole on part a located 1/2" (13mm) ,, , (51mm) from edge of part (30mm) - X 4Z �..p 1.5 38mm) Ay l� 2 3 m m _ 1.5" mr» rr ;38mm `"°�•�,. �` ~c - § ! Note:Instal!both - , �.#' �fffi�irr+fflfrGffiii�,,,ttt setscrews on same 4 F y side of clamp. 40' ' 40" {10mm) (10mm) Actual Size (38mm) Z Actual Size (38mm) The S-5-U and S-S-U Mini clamps are each furnished with the hardware shown above. Each box also includes a bit tip for tightening setscrews using an electric screw gun. A structural aluminum attachment clamp, the S-5-U is compatible with most common metal roofing materials excluding copper. All included hardware is stainless steel. Please visit www.S-5.com for more information including.CAD details, metallurgical compatibilities and specifications. o For horizontal seams under .65"do not use this clamp.Visit o, p www.S-5.com for more detailed Y a information and proper clamp $�d to use. The S-5-U clamp has been tested for load-to-failure results on most major brands and profiles of standing seam roofing. The independent,lab test data found at www.S-5.com can be used for load-critical designs and applications. S-S!' holding .. strength is unmatched in the industry. The strength • • 5-5!—Warning!Please use this product responsibly! Products are protected by multiple U.S. and foreign patents. Visit the websi[e ofD!stGlbutetl by www.S-S.com for complete information on patents and trademarks_For maximum holding strength,setscrews should be tensioned and re-tensioned as the seam material compresses. w Clamp setscrew tension should be verified using a calibrated torque wrench between 160 and 180 inch pounds when used on 22ga steel and between 130 and ISO inch pounds for all other metals and thinner gauges of steel. Consult the S-51'"website at www.S-S.com for published + " ryy., +`ky 4 a _�w t & '`,. data regarding holding strength. N F $s tax c rx , s r r t rtr Copyright 2068,Metal Roof Innovations,Ltd.5-5!TM products are patented by Metal Roof Innovations,Ltd. 1 t ' 'ff�"'' ,v r^ �° �+`fa r4IS �F version 080808 � 5 '- 3/8-16 X 3/4 HEX HEAD BOLT 3/8-16 FLANGE NUT STANDARD RAIL 3/8-16 X 3/4 HEX HEAD BOLT 3/8 LOCK WASHER 3/8 FLAT WASHER L FOOT S5 CLAMP METAL 3/8-24 X 3/4 SEAM ROOF SOCKET HEAD SET SCREW 0 O O 000N RA 00 Installation Detail ©2008 UNIRAC, INC. LVD SolarMou�n�+t Rail 1411 BROAD ALBUQ ERQUE,WAY NM B87 02 NE USAL-Foo S U -5 PHONE 505.242.6411 Connection onnection URASSY-0003 S: \A.utoCad Detail Libra ry\CAD\URASSY-0003_S5—L Foot—Standard Rail.dwg, 8/22/2008 9:50:59 AAI Cila4©��ulOG�pOq�G3'ir©� - M215 — MICROINVERTER TECHNICAL DATA Recommended input power(STC) 190-260W Maximum input DC voltage 45V w'--^'�^^a^*^^ ^^•^---^^^r-^'^-•'""- Peak power tracking voltage 22V-36V R - Operating range 16V-36V # Min./Max.start voltage 22V/45V _ Max.DC short circuit current 15A Max.input current 10.5A - - Maximum output power 215W 215W Nominal output current 1.0A(arms at nominal duration) 0.9A(arms at nominal duration) I Nominal voltage/range - 208V/183-229V 240W211-264V Extended voltage/range 208V/179-232V 240V/2G6-269V C enphase Nominal frequency/range 60.0/59.3-60.5 Hz 60.0/59.3-60.5 Hz mill 6 N E R G ' Extended frequency range 60.0/59.2-60.6 Hz 60.0/59.2-60.6 Hz MENPower Factor >0.95 >0.95 p Maximum units per 20A branch circuit 25(three phase) 17(single phase) Maximum output fault current 1.05 Arms,over 3 cycles;25.2 Apeak,1.74ms duration .v- - CEC weighted efficiency 96.0% ° Peak inverter efficiency 96.3% Static MPPT efficiency(weighted,reference EN50530) 99.6% Dynamic MPPT efficiency(fast irradiation changes,reference EN50530) 99.3% Night time power consumption 46mW Ma um energy production The Enphase Energy Microinverter P R O D U C T I V E Resilieint to dust,debris and shading -System improves energy harvest, Performance monitoring per module Ambient temperature range -40°C 1 1 +65°C Operating temperature range(internal) -40°C to+85°C increases reliability,and dramatically stem availability greater Dimensions(W%H%D) 17.3 cm x 16.4 cm x 2.5 cm(6.8"x 6.45"x 1.0")* R E L I A B L E[ Sthyan 99.8% weight t6 kg(3s Ibs) simplifies design,installation and L Cooling Natural convection-No fans No single point of system failure Enclosure environmental ratio Outdoor-NEMA 6 management of solar power systems. g 'without mounting bracket The Enphase System includes the Quick and simple design,installation S M A R T and management Compatibility Pairs with most 60-cell PV modules microinverter,the Envoy Communications 24/7 monitoring and analysis Communication Power line Warranty 25-year limited warranty Gateway,and Enlighten,Enphase's Monitoring Free lifetime monitoring via Enlighten software monitoring and analysis software. Low voltage DC Compliance uL1 741/IEEE1547,FCC Part 15 Class B S A F E _Reduced fire risk CAN/CSA-C22.2 NO.0-M91,0.4-04,and 107.1-01 Enphase Energy,Inc. 201 1st Street S�® Petaluma,CA 94952 Phone:877-797-4743 C US Fax:707-763-0784 • • info®enphaseenergy.com 142-00010 Rev 03 http://www.enphase.com SHARP. !. solar electricity 240 WATT .ND-L24002 NEC 20011 Compliant - Module output cables:12 AWG PV Wire 240 WATT Business leaders install this module inlarge Commercial applications, ELECTRICAL CHARACTERISTICS DIMENSION_S demonstrating financial astuteness Maximum Power(Pmax)' 240 W _ BACK VIEW a environmental stewardship. oerance of Pmax 0 /- SIDE VIEW and Tl MULTI-PURPOSE MODULE ` 1 % 5% � r � 11 NEC 2008 Compliant I Type of Cell P.lycrystalfine silicon T O O e Cell Configuration 60 in series 1 ENGINEERING EXCELLENCE Open Circuit voltage IV") 37,5 V T High module efficiency for an outstanding balance Maximum Power Voltage(Vpm) 30.2 V of size and weight to power and performance. Short Circuit Current(]so) 8.67 A 1 1 DURABLE ... Maximum Power Current(Ipm) 7.95 A Tempered glass,EVA lamination and Module Efficiency(%) 14.7% weatherproof backskin provide long-life and 1 Maximum System(DC)Voltage 600 V is enhanced cell performance. Series Fuse Rating 15 A 1 NOCT 47.5°C RELIABLE - Temperature Coefficiont(Pmax) -0.485%/°C 2S-year limited warranty on power output. I Temperature Coefficient(Voc) -0.36%/°C i Temperature Coefficient(No) 0.053%/°C a O N)¢nar-nt O o HIGH PERFORMANCE - I III on of kw/ (Isun) Isppt Idi,nib,t n of AM 1.5(ASTM E892 8 This module uses an advanced surface - ( texturing process to increase light absorption glob p.ct d ce)eta II p mr�of-s°c. and improve efficiency. A B C D E MECHANICAL CHARACTERISTICS 38,r7994 mro s.a.e^ncao mm wvas.mm w4°/s6s mm 3 71rpmm I Dmension (A.B.Cbelew) 39 T'x 646"x1.8'/994x16a0x4G mm F G ,l Cable Length(G) 433^/1i00 mm 3y.r°/9se mm a33^,.1. ' Output Interconnect Cable" 12 AWG with MC4 Locking Connector, - t � Cgn[act Stlarp for tolerance specrticat,ons 1 Weight 41.91bs/19.0 kg - E Max Load. s0 psf(2400 Pascals) "A safety lock f (M Itl Contact partnumber ov-H4)rayba,oru,ad In radii acce -bl bons p cr NEC 200e 690s3(C) 'N, pV W ie per UL Subject 41p3 ND-L24002 UL _ -- i Listed UL 1703 c UL ua j e Ratiig Class C t F _ 7 MULTI-PURPOSE 240 WATT MODULE FROM THE WORLD'S {pi wARRANTY TRUSTED SOURCE FOR SOLAR. 2syear limited warranty on power output 7 �d Contact Sharp for Complete warranty information -I Using breakthrough technology,made possible snare mvin-po—a.modm.s en.r Mprpupd Fram.TbOnolo9Y and m,blact 1.gtwnga mehgut n.tma. bnearly 50 ears of proprietary research mpatryaadinVat—ataI., edaeema.kpfeaamcnrpnrado. 1-tl,.rtraaamarwaraprg1-Yor y y y p pr y adgty pr.ppb<anons oo nam matatau prom.t man abearore:iw and development,Sharp's ND-L24CQ2 solar vm;oar'.'-..co�rianoio`sol;'I�aallan.nb,>aaili.pawarMaaa,am.ncAgbgmcA. module incorporates an advanced Surface SHARP:THE NAME TO TRUST \ texturing process to increase light absorption When you choose Sharp,you get more than —v— well-engineered products.You also get Sharp's 0' \ and improve efficiency.Common applications proven reliability,outstanding customer service and include commercial and residential grid-tied the assurance of our 2s-year;imited warranty on roof Designed to withstand well astandgroundyharshmounted arrays. power output.m re homes leadersand busineolar sses than ����� SHARP ELECTRONICS CORPORATION Designed to withstand man harsh operating sharp powers more homes end businesses than 9 Y p 9 � 5901 Bolsa Avenue,Huntington Beach,CA 92647 conditions,this module Offers high power any other solar manufacturer worldwide. ® 1-BOD-SOLAR,06-Email.sharpsolar?sharpusa.com output per square foot of solar array. wwwsharpusa.com/solar BECOME POWERFUL 0eon saa,64ct—caeorpamoron.al ngma ma.reaa. 1oL-a86•Pc-g2.1I A s� b n _ Y 1; •...�.,.-• rs a� t' 1 Ea ima A. IN C riOP IN ilis rr + o n Wes' s - .- I 3/8-16 X 3/4 HEX HEAD BOLT 3/8-16 FLANGE NUT STANDARD RAIL 3/8-16 X 3/4 HEX HEAD BOLT 3/8 LOCK WASHER 3/8 FLAT WASHER L FOOT S5 CLAMP METAL 3/8-24 X 3/4 SEAM ROOF SOCKET HEAD SET SCREW O 00 � -000u N HA00 Installation Detail ©2008 UNIRAC, INC. SolarMou�/n�+t Rail 1411 BROADBLVD ALBUQUERQUE,WAY NM 87102 NE USA L-Foot S-5 PHONE 505.242.6411 UNIRAC.COM Connection URASSY-0003 S:\AutaCad Detail Library\CAD\URASSY-0001'_S5—L Foot—Standard Rail.dvig, 8/22/2008 9:50:59 AN L �t The Common e w alth of Massachusetts Department of Industrial Accidents Office oflnves6gations 1 II T'n I 1 600 Washington Street j Boston, MA 02111 www mass.gov/dia Workers' Compensation Insurance davit: Builders/Co ntractors/EIectricians/Plumbers Applicant Information Z141-A 5 eEyfySle. -r, Please Print Legibly Flame (Business/DrganizatiorAndividual): ,616L 7-le' kddress: e�'Y'4 IOZ— City/State/Zip: /4 6V6.4hone #: 7ze/ Z 7 /Z-C 7 Are you an employer? Check the appropriate box: FOi� project(required): 1.❑ I am a employer with 4. ❑ I am a general contractor and 1ew construction employees(full and/or part-time). have hired the sub-contractors 2. ❑ I am a sole proprietor or partner- Iisted on the attached sheet $ emodeIing ship and have no employees These sub-contractors have emolition working for.me in any capacity, workers' comp. insurance. ilding addition [No workers' comp, insurance 5. We are a corporation and its ctrical repairs or additionsrequired] officers have exercised their3. ❑ 1 am a homeowner doing all work right of exemption per MGL mbing repairs or additionsmyself. [No workers' comp. c. 152, §I(4), and we have no of repairsinsurance required,] t employees, [No workers' �a act('' comp, insurance required.] *Ar?y applicant that checks box#l must also fill ouf the section bellow showing their workcrs'compensation policy information. t Homeowners who submit this affidavit indicating they arc doing all work and then his outside contractors must submit a new affidavit indicating such. :�Contncetors that check this box must attached an additional sheet showing the name of the sub-contractors and their workcrs'comp,policy information. I am an employer That is providing workers'corrzpensadon insurance for my employees. Below is th e pogcy aced Job site informadon. // � Insurance Company Name: " .a(e-4-1 ex-,-el ��N C� :mac 14 C Policy#or Self-ins. Lic. #: Z -CO 7 Expiration Date: Job Site Address: 1?0 xi ; d/— (�� � �- City/State/Zip: /'' Attach a copy of the workers' compensation policy decIfeation page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. I52 can lead to the imposition of criminal penalties of a fine up to$1,560.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against thcviolator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify u er.the pains andpenalties ofperjury that the information provided above is true and correct ' Si ahtre: Date: Z / / Phone#: affeci¢l use only.,Do not write in this area, to be completed by city or town offecial City or Town: Perrnit/License# Issuing Authority(circle one): 1. Board of Health 2: Building Department•3.City/Town Clerk 4. Electrical Inspector S. Plumbing Inspector 6. Other Page 1 of 2 Perry, Tom From: Bernie Kilroy [bkilroy@comcast.net] Sent: Thursday, March 22,2012. 3:37 PM To: Elrick, Richard , Cc: McLaughlin, Charles; Perry, Tom Subject: Re: My Generation Energy, 180 Airport Way Gentlemen: The Commission decision approving the project with conditions has been filed with the registry of deeds in Book 26044, Page 198. Thanks for your help. Bernard T. Kilroy, Esquire KILROY & WARREN, P.C. Attorneys At Law 67 School Street P.O. Box 960 Hyannis, MA 02601-0960 508.771.6900 (B) 508.775.7526 (F) From: "Richard Elrick" <Richard.Elrick@town.barnstable.ma.us> To: "Charles McLaughlin <Charles.McLaughlin@town.bamstable.ma.us>, "Tom Perry" <Tom.Perry @town.bamstable.ma.us> Cc: "Bernie Kilroy" <bkilroy@comcast.net> Sent: Thursday, March 22, 2012 2:49:17 PM Subject: RE: My Generation Energy, 180 Airport Way Yes, my understanding from talking with Luke Hinkle is that CCC review has been concluded. But I think they have to confirm that to receive the permit. Richard Richard Elrick Energy Coordinator Town of Barnstable 367 Main Street, Hyannis, MA 02601 Office: 508-862-4985 Fax: 508=790-6226 Cell: 508-280-3164 -----Original Message----- From: McLaughlin, Charles Sent: Thursday, March 22, 2012 12:18 PM. To: Perry, Tom Cc: Elrick, Richard; 'Bernie Kilroy' Subject: RE: My Generation.Energy, 180 Airport Way I believe that they completed the Commission process with a favorable decision but I will ask Richard and Bernie to confirm via a copy of this email. Thanks. Charlie. -----Original Message----- 3/22/2012' Page 2 of 2 From: Perry, Tom Sent: Thursday, March 22, 2012 9:51 AM To: McLaughlin, Charles Subject: RE: My Generation Energy, 180 Airport Way Charlie, Any idea where this stands with the Commission? -----Original Message----- From: McLaughlin, Charles Sent: Wednesday, March 21, 2012 11:18 AM To: Perry,Tom Cc: Eirick, Richard; 'Bernie Kilroy' Subject: My Generation Energy, 180 Airport Way Dear Tom, Confirming my conversation with you this morning, I am in receipt of executed documents which conform to the security requirements of the ordinance. I will provide copies to you for the file and originals will be deposited with the Clerk's Office. In light of the above, you may issue a building permit when you are otherwise ready to do so. Don't hesitate to call if you have any questions or comments. Thanks. Charlie McLaughlin Assistant Town Attorney .r • 3/22/2012 " IKE tag, Town of Barnstable t Regulatory Services HARNSTABM F Thomas F.Geiler,Director Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.maxs Office: 508-862-403 8 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Usir►�; A Builder I, - L � , as Owner of the subject property hereby authorize 6 05 AVI(711slCQ 5 �ci� c' D a.ti (h< to act on ray behalf in all matters relative to work authorized by this building permit mo (Address of Job **Pool fences and alarms are the responsibility of the applicant. Pools are not to be.filled before fence is installed and pools are not to be utilized until all final inspections are performed and accepted. Signature of Owner Signature of Applicant Print Name Print Name Date Q:FORMS:O WNERPER MMSIONP00LS r 4�THEr, To n of Barnstable C;. Regaafbry services s r Thomas F. GerOer,Director � g Building Mvsion Tom Perry, Building Commissioner 2DD Msiri•Strcct;_Hysffiis,MA 02601 _ '�.to4tn.barBstable.txta_us office: 508-862-403 8 Faz: 50&-790-(5230 - i�ol�owr�i:.Icl�s$�i�rrox - Plrtte Primt DATE JOB IACATiOAI: number stnrt village . "HO1�IF,OWTIEFZ": name heat phane# nark phanc CURRENT MAILING ADDRESS: eityhav n state zip mdc The current exemption for"homeowners"was exdtnd.I,-d to include owner-occupied dwcIlines of six Imits or Icss and to allow homeowners to engage an individual for hire who does not possess a Iiccnse,provided that the owner acts as supervisor. DEFD7 ITIOx OF H0M=W'NMR P erson(s)who owns a parcel of land an which hthhe resides or intends to reside, an which there is, or is intcndcd to- be, none or two-family dwelling, attached or tiatachcd stmctnres accessory to such use and/or farm stro.ctiscs. A person who constr4cts mare than ono home in a two-year period shall,not be considered a homaovvncr. Such "homeowner"shall submit to the Building Official on a form acceptable to toe Building Official, that he/she shall be res onsib)c for all such work crfarmad under tho bail° p dine permtt (Section I09.1.1) The-undctsigncd"homcowncr"as=cs rtspansrbility for campliance with the Statc Building Coda and other applicable codes, bylaws,gales and rcgulaEons. The u dersigncd`homeowner"certifies that•hchho understands the Town of Barnstable Building Departmaant mini*n=n inspection proccdrires and rt:�=nts and that hc/shc WM comply with said proccdures and rcgturcmcnts. • :ignatiiM of Home '%ncr -pproval ofBufidmg Official , Nota: Three-family dwellings containing 35,ODD cubic fcct or larger will be mquirt:d to comply with the tate Building Codc Section 127.0 Constrnctibn Control. aOrdMowxz R's i;x numbx -The Code states that: "Any homevwncr perfoanarg work for which i building pe adt is required shaD In cxeffrpt firun the provisions thin section•(Scetion ID9.1.1 -Limuiag of wnstruction Strpcnzsors? provided that if the homeowner engages a p=c:m(s)for hip:to do such irk,that such Hame Nmcr 4mR ad as supervisor."' ILany hDmenwneas who use this czcmptiem are unawsrc that they are essuming the rupeumbilities of a supervisor(see Appendix Q, )cs&Rzgulatien s for I,jrr„cing Camsbuclion Superyimm,Section 2.15) This lank of awareness bften rmmlm in serous prDblcaar,particularly err the horneowncr hires unliccosed pawns. In.this MSCe our Board cannot pmcncd against the unlicensed person as it avuld with F licerind )caviser. The hom'wwoer acting as Supervisor is uhirnawy respa=-ble. To assure that the ha nr- ma is fully aw=of his/hcrirzponsrbili6m,many re mm=itirs require,as part of the pernut application, the homeowner certify that hrlshe underst�dt the rtsponsrbtlities of a 5vparisor. On the last page of this issue is a foray eurrvrt)y used by -al towns You may can t amend and adopt such a fkTrVr rtificatiom for use in your community, rnM:homeuernpt I .. Massachusetts Delyartment of Public SAO% Board of Building_Regnilations and Standards Construction Supervisor License License: GS 94476 P. ;LINAS REVINSKAS 87 CAMP OPECHEE RD CENTERVILLE. MA 02632 Expiration: 10/2/2013 r. t`ommi�.7tfier Tr.: 6178 x _- oj� 10/10 e , 01K BNOM-0270 95-10-12 12,02 #051460 TRUSTEE'S DEED I, DAVID B. COLE, TRUSTEE UNDER THE WILL OF ENOCH T. COBB, late of Barnstable, Massachusetts, by power conferred by license of the Barnstable County Probate Court dated October 3, 1995, in Docket No. 6839 and every other power, for consideration paid of FIVE HUNDRED SEVENTY-FIVE THOUSAND ($575,000)---------------DOLLARS grant to PETER F. MULVEY, TRUSTEE OF AIRPORT WAY NOMINEE TRUST .-a under written Declaration of Trust dated October , 1995 and re- corded in Barnstable County Registry of Deeds in Book , Page o I V (with a mailing address of 200 Airport Way, Hyannis, Massachu- 0 setts) the land in Barnstable, Barnstable County, Massachusetts, Nmore particularly bounded and described as follows: to 0 SOUTHERLY by Airport Road as shown on a plan hereinfter mentioned, 695.70 feet# + WESTERLY by land of Marion B. Nelson, land of Eldredge & Bourne, and land of Edward B. Nelson and Benjamin D. Baxter as shown on said plan, 1,209.20 feet; NORTHERLY by land of Independence Park as shown on said plan, 175.29 feeti EASTERLY by land of Commonwealth Electric Company as shown on said plan, 637.97 feetl NORTHERLY by - land of Commonwealth Electric Company as shown on said plan, 500.24 feett and EASTERLY by land of Commonwealth Electric Company and land of Independence Park as shown on said plan, 687.52 feet. CONTAINING about 12.47 acres according to said plan. Said premises are shown on a plan entitled "Town of Barnstable Plan of hand in Barnstable & Hyannis MA for Enoch T. Cobb Trust, David B. Cole, Trustee, A.P.W. Engineering Division, ATTORNEYS ND Scale 111 = 801 , Dates Sept. 6, 198511 and recorded in Barnstable ATTORNE YS AT LAW 470 MYTH STREET Registry of Deeds in Plan Book 407,, Page 36. POST OFFICE BOx 196a / HYANNIS,MA 02601 - TEL.(SOB)775-0147 10/4 e BP109B80-0271 SS-10-12 12,02 NOS1460 EXECUTED AS A SEALED INSTRUMENT this/0 day of October One Thousand Nine Hundred and Ninety-five. Dav B. Cole, Trustee under the Wil of Enoch T. Cobb Barnstable, ss: 10 October 1995 Then personally appeared the above-named DAVID B. COLE, Trustee et cetera as aforesaid, and acknowledged the foregoing instrument to be his free ct and deed, �► �R U Before me, J n M. Emery No : 1Pu ;i4d V y' My commission expires: 5 April 2002 co", W1Ln c� -1 ►. X rNv Xx " m � .i �a to O -4 -470 -'0'0 .rr" Qy 0, µ GO 14 m C. //y)�) b L^Cfl Y r F+ µ W X SYKES AND COLE ATTORNEYS AT LAW 420 SOUTH STREET ( 2 POST O"KE BOX t its l HYAWM.MA 02601 TEL.(600)7 7 5-9147 BARNSTABLE REGISTRY OF BEEN r- - TENANCY IN COMMON AGREEMENT Agreement made as of the 13th day of October, 2005 by and between the JBM Family Limited Partnership, J. Bruce Macgregor, General Partner ("MacGregor") , Karen" M. O'Connor ("O'Connor") and Lorraine E. Shepley, Trustee of Maraspin Creek Realty Trust under a declaration of trust dated July 20, 1978 and recorded with the Barnstable County Registry of Deeds in Book 2751, Page 124 ("Shepley") . The parties are the owners, as tenants in common with Shepley and MacGregor each holding an undivided one-half beneficial interest in RUNWAY NOMINEE TRUST established by a Declaration of Trust dated October 10, 1995 and recorded with the Barnstable County Registry of Deeds in Book 7749 page 118 and YAWNUR NOMINEE TRUST established by a Declaration of Trust dated October 10, 1995 and recorded with the Barnstable County Registry of Deeds in Book 7749 page 103, and with Shepley holding an undivided 50% beneficial interest, O'Connor holding an undivided 9% beneficial *interest and MacGregor holding an undivided 41% beneficial interest/in AIRPORT WAY NOMINEE TRUST, established. by a Declaration of Trust dated October 10, 1995 and recorded with the Barnstable County Registry of Deeds in Book 9880 Page certain land withg 272, which own th e buildings and ot her ther improvements located thereon at 180-200 Airport Road, Barnstable (Hyannis) , Barnstable County, Massachusetts and another section of the Town of Barnstable, Massachusetts (the "Property") more particularly described in Exhibit A attached hereto. The parties wish to memorialize their agreement as to the management of the property during their common ownership of the Property. For the consideration hereinafter. set forth the parties agree as follows: 1. Negation of Partnership. Nothing contained in this Agreement, or otherwise, shall constitute the parties as partners or Joint venturers or render either party liable to anyone for the acts of the other party; 2 . A ointment of Mana er. The parties. herebyappoint J. Bruce MacGregor (the "Mana er the operation of the Property to include collection ofrents lf to manage the ent of all mortgage payments, taxes, insurance premiums sand ymnormal maintenance of the Property. The Manager shall have no authority to modify or amend any lease now or hereafter in existence or make any expenditures of more than $10,000.00 dollars without the prior written consent of the parties. The Manager is hereby authorized to open a checking account(the "Account") to receive said rental payments and make said expenditures. 3. Shortfalls. In the event that the rents and other sums available as collected funds in the Account are insufficient ' to pay any of said mortgage payments, taxes, insurance premiums or normal maintenance fees as they become due, the Manager shall immediately notify the parties and the parties shall forthwith provide the Manager with their respective share of the shortfall(the share of each being 50%) . Failure of either party to make such provision shall result in a loss of the right to possession of the property until said defaulting party makes such payment. 4. Surplus. On or before January 31 of each calendar year, the Manager shall determine what amount of funds may be required to cover all expenses during the ensuing months, and 'disburse to each party fifty percent of the funds in the Account in excess of the anticipated expenses. 5. Manager' s Compensation and Tax Status. The parties hereby authorize the Manager to withdraw from the Account the sum of money as agreed to from time to time by the parties as his compensation for his services as Manager on a quarterly basis. The Manager hereby agrees that his tax status is an Independent Contractor and that he shall. be responsible for all taxes due for said compensation. 6. First Refusal. The ownership of the parties of said Property is held as beneficiaries of the three nominee trusts described in Exhibit A attached hereto. No party nor that party's heirs, devisees, executors, administrators or assigns, being owners for the time being of said one-half interest in the Property, shall bring a petition to , partition the Property or transfer or convey their interest in the Property, except by gift or inheritance to a family member or entity controlled by party making the transfer, without first submitting to the owner of the other interest (the "Offeree" ) an offer to sell said interest to Offeree which offer shall be sent by certified mail, postage prepaid, addressed to the Offeree and shall state the name and address of the proposed transferee and the consideration to be paid by the latter and further state in substance that the offeror is prepared to sell said one-half interest to the Offeree, . and the Offeree, within ten (10) days after receipt of the offer, shall notify the offeror in writing of his acceptance of the offer and, within a reasonable time thereafter, not exceeding forty-five (45) days, shall consummate the purchase. It is further understood and agreed that, if the Offeree does not so accept the offer, or having accepted, does not so consummate the purchase, or if the Offeree expressly rejects the offer, the offeror shall be free to complete the transfer of his interest in the Property to the proposed transferee. If the offeror shall make and record with said Registry District and/or Registry of Deeds an affidavit stating (a) that a conveyance by said offeror is made pursuant to a bona fide offer to purchase; (b) that said offeror has given notice to said Offeree in connection with such transfer as required by the provisions hereof; (c) that said offeror has not received written notice of acceptance of the offer given by the person to whom such notice was given in accordance with the ,provisions hereof, or that such person who has given notice of acceptance of the offer has failed to complete the purchase in accordance with said Provisions; and (d) that .the conveyance is made 'to the person named in such notice at a price not lower than that therein stated, then such affidavit shall be conclusive evidence of compliance with the requirements hereof with respect to such transfer in favor of the transferee. 7 . Rights of Parties. Save for any modification set forth herein, the parties hereby retain all of the rights that a tenant in common has under the laws of the Commonwealth of Massachusetts. 8 . Paulding Note. . In order to obtain all interests in the Trusts, a promissory note was given to John J. Paulding Sr. in the amount of One .Hundred Ninety Three Thousand Seven Hundred Fifty and 00/100 ($193,750.00) dollars. Shepley agrees to be solely responsible for the payment of said note and hold MacGregor indemnified and free and harmless from any responsibility on said note. Executed as a sealed instrument this 13th day of October, 2005 gorraine e MacGregor, Gen,1 ptr V E. Shepley, ru e Karen M. O'Connor �I September 16, 2011 Mr. Luke Hinkle M c K E N ZI,E- My Generation Energy ENGINEERING 3 Diamonds Path, Suite 2 CONSULTANTS S. Dennis, Ma 02660 structural civil environmental - RE: Structural Review of Engineering for Construction of Shepley Wood Products Solar Array, 180 Airport Way, Hyannis Dear Mr. Hinkle, a McKenzie Engineer Consultants, Inc has completed a review of the engineered support system for the proposed ground mounted solar array to be constructed for Shepley Wood Products at 180 Airport Way in Hyannis. The racking system was designed by Unirac which provided plans and analysis for the design of the rack system as well as options for the foundation in which the system is to be held down at the site. The proposed foundation option is to use the steel W sections as pile supports for the solar array. From the design data provided, Unirac has calculated an estimated required depth of 15. feet of pile embedment for lateral earth pressure support due to wind pressures. Along with this analysis, we also reviewed the bearing capacity of the proposed W8x13 steel beam at that depth using their design reaction loading. Using standard bearing capacity formulas, we determined that the proposed depth of 15 feet is adequate for bearing capacity as long as a steel shoe plate is welded to the bottom of the pile to provide additional surface area to the base for support. This analysis is hypothetical only and will need to be verified and tested at the time of construction. If there are any questions on this matter, feel free to contact me at any time. Sincer `� k A. M ziN;cPV Pres. McKe •8 nsultants Inc. 1279 Millstone Road Brewster,MA 02631 r t 774.353.2144 f 774.353.2142 www.mckengineers.com PROJECT: LOCATION; 00 Q - AL DATE: 06/12/11 SUBJECT: Pile Reactions ARRAY TYPE: EXTERIOR 4X6 BY DD L4 L8 GEOMETRY = 25.'DEG HI =2.00 FT. H2_= 3.19 FT. L5 I H3= 6.35 FT. 1 H4= 7.54 FT. L4- I P2 Li = 2.55 FT. j 113 L2= 5.84 FT. H4 j 6.35 FT. L3= _93 FT. 7.54 FT. L4= 2.82 FT. j L5= 7.47 FT. P4 I L6= 2.49 FT. j. H2 L7= 2.55 FT. H1 j, 319 FT: L8= 13.1 FT. 2 j 2L4+L5= 13.1 FT. (H2+1-13)/2 4.77 FT. GROUND SURFACE M DEFLECTION ALLOW M3/48 Q P2 8"WIDE MAX 9= 1.59 IN. FLANGE COLUM WITH a"FLANGE 1 MAXIMUM REACTIONS(ASD) L 1 (REACTIONS ARE FOR 1 PILE) 1 16, MOMENT AXIAL SHEAR 4'yd (FT-KIP) (KIP) (KIP) L1 LZ I' ] .0 10.95 4.39 0.00 2ss FT. 5.84 Fr. I 2.55 F-r. 8.62 2.33 0.59 _g ; 3.72 1.14 0.19 11.87 FT. 13.36 4.51 0.44 9.68 3.62 0.14 3.81 -0.54 0.52 2.51 0.65 0.19 TOTAL ARRAY AREA 424.E SQ. FT. 14.83 5.77 0.09 AREA TO ONE COL: -212.3 SQ_ F.T. - 5.31 1.95 0.09 MAX: 14:83 5.77 0.59 NOTE.P1=P2,EACH RXN BELOW=`P1+P2) MIN; 2.51 -0.54 0.00 7-05 DEAD WIND SNOW- ICE WIND ON ICE SEISMIC 2A.1 VERT VERT HORZ VERT VERT VERT HORZ VERT HORZ 2.a'3 1.06 1.27 0.59 3.33 1.68 0.29 0.13 0.11` 0.26 p+g:; 3 1:06 3:33 D+ 5a 1.06 127 0.59 0.08 0.19 D+.7+E 5b `1.06 D+.75W+75S 6a 1.06 0.95 0.44 2:50 0.06 0.14 D+'525E+:755 6b 1.06 2.50 gp+W 7 0.57 -1:11 0.52 0.08 0.19 .6D+.7E 8 0.57 i D+.7(DWi)+S 2 1.06 3:33 1':18 0.20 0:09 .6D+.7Di+..7Wi 3 0.57 11 1.18 0.20 0.09 re iminary n y PAGE 10 PROJECT: LOCATION: DATE: 06/1211/ ® t � SUBJECT: Pile Check 0 BY: DID PILE SIZES WITH 4'FLANGES) 8"FLANGE W6x9 W6x12 W8X10 W8X13 W8X15 W8X31 MOMENT AXIAL 2.68 3.55 2.96 3.84 4.44 9.13 A (IN2) (FT-KIP) (Kip) .5.56 7.31 7.81 9.91 11.80 27.5" Sx(IN ) D+S 10.95 4.39 25.3 19.2 _ 18.3 - 14.4 12.1 4.7- D+W 8.62 2.33 19.5 14.8 14.0 11.0 9.3 -- 3.2 D+_7E 3.72 1.14 8.5 6.4 6.1 4.8 4.0 1.4 D+.75W+.75S 13.36 4.51 30.5 23.2- 22.0 17.3 14.6 5.3 D+.525£+.75S 9.68 3-62 22.2 16.9 16.1 12.7 10.7 ` 4.0_ .6D+W . 3.81 -0.54 . 8.0 6.1 5.7 45 3.7 0.6 6D+_7E 2.51 0"65 5.7 4.3 4.1 3.2 2.7 0.9 D+.7Di+.7Wi+S 14.83 5.77 34.2 26.0 24.7 19.5 16:4 6.3 6D+.7Di+.7Wi 5.31 1.95 12.2 9.3 8.8 -6.9 5.8 2.2._ 34.2 26.0 24.7 19.5 16A 6.3 MAXIMUM STRESS IN KS t(MIS+ PILE SIZES(WITH 4"FLANGES) 8"FLANGE W6x9 W6x12 W8X10-` W8X13 W8X15 W8X31 SHEAR AXIAL 16.4 22.1 30.8 39.6 48 110 - , Ix (IN4) (KIP) (KIP) 2.19 2.99 2.09 2.73 3.41 37.1 IY (IN) D+S 0"0001 4.39 0.53 0.40 0.28 0.22 0.18 0.08_ D+W 0-59 2.33 0.39 0.29 0.21 016 0.13 0.06 D+.7E 0.19 1 1.14 0.17 0.13 0.09 0.07 0.06 0.03' D+"75,W+.75S 0.44 4.51 0.63 0.46 0.33 0.26 0.21 0.09 D+.525E+.75S 0.14 1 3.62 0.46 0.34 0.25 0.19 0.16 0.07 6D+W 0.52 -0.54 0.63 0.02 0.01 0.01 0.01 0.00 6D+9I* 0.19 0.65 0.11 OA8 0.06 0.05 0.04 0.02 D+.7Di+.7Wi+S 0.09 5.77 0.72 _ 0.53 0.38 0.30 0.25 0.11 .6D+.7Di+.7Wi 0.09 1.95 0.25 0.19 _ 0.14 0.11 0.09 0.04 0.72 0.53 0.38 0.30 0.25 0.11 MAXIMUM DEFLECTION IN INCHES W6x9 W6x1"2- W8Xt0 W8X13 WBX151--WO 31 _ D+.7E WEAK AXIS W/.7EQ: 0.24 0.18 0.25 0.19 0.16 0.01 DEFLECTION IN INCHE$(4"FLANGES) 8"FLANGE W6x9_MABOUT� W8X10 W8X13 W8X15 W X311.111.06 1.37 1.7 9.27 S„(IND+.7E WEAK AXIS W/.7EQ: 9.5610.01 7.75 6.24 1.14STREAK AXiS (4":FLAtdGES) 8"FLANGE Preliminary Only- NOT�QR CONSTRUCTION! PROJECT: LOCATION: DATE: 06/72111 Poo SUBJECT: Ballast Footing-Design n BY: DD FOOTING LENGTH= 6.00 FT. FOOTING.WIDTH= 4M FT. Pv I FOOTING DEPTH=D= 16.00 IN. e 2.49`FT. x= 0.33 FT. PH . y= 6.00 IN. 0.35 t I FOOTING KP= 3,0 CENTER yS01L= 110 PCF LINE y CONCRETE= 150 PCF TABLE CENTER LINE Area= 24.00 SF r � s PFTc=4.8K MCOL, Sm=24.00 FT"3 (STRONG) i. SFrG= 16.FT"3 (WEAK) y 0.50 FT. 1.33 FT. GRADE D ::i! h Frc y 0.83 FT. V. T DESIGN,CRITERIA gq�_ e 2.67 FT. ALLOWABLE SOIL BEARING=4000 PSF - SAFETY FACTOR FOR OT: 1.5 SAFETY FACTOR SLIDING 1.5 REACTIONS AT BASE STRONG AXIS CHECKS McoL Pv'' PH �FGr PIA - MIS PIA+WS OTSF SLIDING (FT-KIPS) (KIPS); (KIPS) (FT*IPS) (PSF) (PSF) (PSF)` SF' D+S 10.95 4.39 0.00 9.48 383 395 778 100.00 100.00 D+W 8.62 233 0.59 8.63 297 360 664 4.54 5.00 p+_7E 3.72 1.14` 0.19 3:59 247 150 397 . 13.57 13.68 D+,75W+:75S 13.36 4.51 0.44 12.44 388 " 518 933 6.73 8.38 D+.525E+.755 9.68 . 3.62 0.14 8.66 351 361 712 20.51 24.43 .6D+W 3.81 -0.54 0.52 4-32 178 180 358 4.42 3.77 6D+7aE 2:51 0.65. . 0.19 : 2:54 227 106 333 1321 12.76 . D+:7Di+:7Wi+S 14.83 5.77 0.09 13.03 441. 543 997 33.67 44.36 .6D+:7Di+_7Wi 5.31 1.95 0.091 4.79 281 199 481 28.05 30.10 REACTIONS AT BASE WEAK AXIS CHECKS COL V H FGT . P/A M!S P/A+M/S OT SF SLIDING } (FT-KIPS) (KIPS) (KIPS) (FT-KIPS) (PSF) (PSF} {PSF) SF p+.7E 0:13 1.14 0.19 0_88 247 55, 303 12.1 . 13:68 6D+.7E 0.00 0.65 0.19 0:88 227 _ 55 282:° 11:6 12.76 r Pre iminaryOnly- NOT�OR CONSTRUCTION! PROJECT: i LOCATION: DATE: 6/12/2011 00 - SUBJECT: Ballast Footing OOUN � Rt "Details O BY: DD I j TYPICAL BALLAST FOOTING: I i i j j j i SEE BELOW i 3#5 LONGITUDINAL j TOP AND BOTTOM j 6#4 TRANSVERSE TOP AND BOTTOM I 1':50 IN.CLR j 11 III a 0.00W. 16.00 IN: j it 1.501N CLR :17711: II s GRADE BLOCKOUT; ILL II BLOCKOUT 36.00 IN. 1 36,00 IN. 0.00 IN. 0.00 IN. 1 0 001N. -3.33 FT. I 2.67 Fr. 6.00 FT. FOOTING WIDTH=4.00 FT.:' W8 COLUMN 3.00 IN. L4x4x3/8x4"WIDE TYP.EACH SIDE I. (2)3/4"A325 BOLT(TYP.) L 3.00 IN. o. (1)HILTI.518"DIAMETER HIT-HY 150 WITH .! f u i 4112"EMBEDMENT(1 EACH SIDE-TWO TOTAL) Y I ii i 11i I I LLC L i i L 81/4"x 4114"BLOCK OUT:FOR W8 Preliminary Only- N0T R CONSTRUCTION! PROJECTc LOCATION: 00 F - DATE: 6/12/11 0 UN� RAC SUBJECT: Pile Design-IBC BY: DD USE THE IBC CODE METHOD AS PER SECTION 1805.7.2.1: DEPTH BELOW GRADE TO IGNORE= 1'FEET B DIAMER O ET F PILE 0.333 FEET H DISTANCE GROUND TO LOAD 26.09 FEET-(M.OMENT/SHEAR) P LATERAL LOAD(BASE SHEAR)= 599 LBS. S1 =PRESSURES,TABLE 1804.2= 199.95 PSF/FT(1.33 FACTOR ADDED) ASSUMED PIER DEPTH = 14.4 FT S1 PRESSURE AT 1/3 DEPTH: 962 PSF D=(A/2)[1 +(1+4.36H/A)".5] _ 14A FT. (DEPTH OF;EMBEDMENT) WHERE: A'=2.34P/(S1#B) = 4.32. ` 18Q5.9.2 Design criteria.The depth to resist lateral load" 1805.7 Designs emptuvirig lateral bt aring.Desigm to resist. stiall l' do t`rtttined,l}ti.ttt2s3esis n�riterise.�t tbls ia�d 3n.Sec- . both axial and late nil la:d<emp i-yNing posts or pole.u.as <<.€l gkm- tale-'-=-i ,tt 5 gh .30S.7-2.3. or b? Ltlk_i a�rh ds t , t ,: d 'is .in . Fi!'.5t?5 2rrilea,.ded tii.i'1 rSii.�f ii�l'3t:d'.Ii°t -i2 C. n(:.rC.tl°_.t%:tti�.^_;- upI's,ved by file htittt�f3t)e i�E= th4 carth ah t!€ Li nform to the requirekneata of sc-'jiins-. €tifja.".t thr+xtrtt €A!)5.Y.3. 1805.7.2.E followin rormula shalt he use!o in detefniiiiing the depth of embnednient required tei t `�s lateral k)ads.where no constraint is liro7 .-ided at th- b tsiva i tf ttc,;ski h t -(girl flit ar o ririti / [leiaft„t rn:. i[tucstf iia�trhi in t_rt rIn)but 1101 -found Sllrf:A.0 uwl tl.bi no later•t .1F If 1.t7.!"Pu!- �;trti I i>prc�.ided a%V, the grrund stitfa_e. sut# i.; a' inglateral pressure_ t str,istarW di;iphra�-ur:_ Distance Fitfeerinillrrorn.,rc:und:uif vetri mint - ot application o `is-• P Applied lateral force in piitinls(liN). } = Ah)-xcLhle cater t oil-basin.- nressuri as scl wheft - - Jorl-t il. 1vi,Itt3t) tSO4 �t-, _-tl on a depth Of ?.?,-.PsS.b. %'tnu-third the It th.'r z'-fli ed n-nal in full i$s rAa r -- p p b = Dia-ai.er>>t round post or 31m in r diav_i='bal square foot(f3sf)CkPal: ditttrr3iiEmtit,ilutirc-po". ur°fi3tatitl�.;,'1`eer#iat) TABLE 1804.2 ALLC'ii,93tABLE-FOUNDATION AND LATERAL PRESSURE ALLOWABLE FOUNDATION 3 LATERAL GEARING = CLASS OF EAATt6dtAL8 PRESSURE(p q.. _ 'psfR batons natural grade)`i w .. :_ i ` Cnstailine bedrock F €2.0{)tl 1200 4ediment�r ant1 foliated rock 1,f 3C)I) -?sue '.. Sandv gravel:tnd/o l r"`•eI tGW and GPt 4. Sand,silty samL i:lave sand silts=gravel and layftY g avet t sw SP SN1 -SC,GM and CO ':�'!3�t- t tab',sand )clati silts clay. lays y;silt,silt an I00 —lnul silt(CL,X11—MH.roil CN)i d..�n i;it use of one-third is p.rmiitcd when p ing:the alteln ite lo'k1d iII&Ctiun 1605 fiat"f-q_iude wind or wifiov&.1m i:K Preliminary Only- NOTR CONSTRUCTION! PROJECT: LOCATION: ( DATE: 6/12/11 00 " SUBJECT: Pile Design-:TIA + BY: DD 0 E � , r PIER DEPTH USING SECTION 7.2.5 FROM TIA/EIA STANDARD 222-F D DIAMETER OF DRILLED SHAFT= 0.333 FT. S=SHEAR RXN AT GROUND LEVEL= 0.95 KIPS(FACTORED) M OT MOMENT AT GROUND LEVEL= ` 22.19 FT-KIPS:(FACTORED); I : Ld=PILE DEPTH (FT)= 2+S/(3D)+2*[S"2/(18*W2)+(S/2)+M/(3D)]"5 OR Ld= .61 +S/(143D)+2[S"2/41333D^2)+S/96+M/(143D)]".5 WHERE: S/(3D)= 0:95 S/(143D):= 0.020 S^2(18D"2)` 0.45 _SA 2/(41333D."2)= 0.000 S12 0.47 S/96 M/(3*D)= 22.21 M/143D 0.466 USE Ld 13.6 FEET MAXIMUM REACTIONS(LRFD) (REACTIONS ARE FOR 1 PILE) MOMENT AXIAL SHEAR (FT-KIP) (KIP) (KIP) 1.2131_+.5 SNOW. 7.33 2.94 0.00 1.2 DL+ 1.6 WIND+ .5 SNOW 16.89 4.97 0.95 1.2 DL+ ICE AND WIND ON ICE+ .5 SNOW 12.87 4.91 0.13 1.2 DL+ 1.6 SNOW + .8 WIND 21.24 7.62 0.47 1.2 DL+SEISMIC+ .2 SNOW -6.36 2.05 0.26 .9 DL+ 1.6 WIND 11.95 2.98 0.95 .9DL+'SEISMIC 3.91 1.07 0.26 1.2 DL+ .5 SNOW+ .2 ICE AND WIND ON ICE 8.43 3.33 0.03 .9DL+ ICE.+WIND ON ICE 7.93 2:93 0.13 MAX 21.24 7.62 0.95 MINI 3.91 1.07 0.00 UNFACTORED LOADS: DEAD WIND .SNOW ICE WIND ON ICE SEISMIC VERT VERY , HORZ VERT VERT VERT- HORZ VERY HORZ 1.06 1.27` 0.59- ,.333 L68 .29 0.13 7 p 0.11 0.26 Structural<standards For Steel Antenna Towers And Supporting Structures' 7.2.5 The depth of standard drilled foundations subjected to lateral or overturning loads shall be proportioned in accordance with the following:. LD =2.0 +.S/(3d)+2 [S2f(18dz)+'S/2 + M/(3d}]�z) LD = .61+S/(143d) +2 [S2/(41333d2)+S/96 +M%(143d)]1/2 where:,LD =Depth of drilled foundation below.ground:1evel d =Diameter of drilled foundation S =Shear reaction at ground level U N M = Overturning moment at ground level Preliminary Only- NOT FOR CONSTRUCTION! PROJECT: i EXTERIOR 4X 6 6/12/11 PILE REACTIONS (PRELIMINARY ONLY) MAXIMUM REACTIONS(ASD) (REACTIONS ARE FOR 1 PILE) MOMENT AXIAL SHEAR (FT-KIP) (KIP) (KIP) D+S 10.95 4.39 0.00 D+W 8.62 2.33 0.59 D+.7E 3.72 1.14 0.19 D+.75W+.75S 13.36 4.51 0.44 D+.525E+.75S 9.68 3.62 0.14 tD+W 3.81 -0.54 0.52 .6D+.71E 2.51 0.65 0.19 D+.7(DWQ+S 14.83 5.77 0.09 .6D+.7Di+.7W1 5.31 1.95 0.09 MAX: 14.83 5.77 0.69 MIN: 2.51 -0.64 0.00 NOTES' 1. REACTIONS ARE FOR A SINGLE PILE. 2. LOADS ARE APPLIED AT GROUND LEVEL. 3. ALL LOADS ARE WORKING LOADS. 4. A NEGATIVE NUMBER FOR MIN AXIAL FORCE IS A NET UPLIFT. 5. ABBREVIATIONS FOR LOADS: D=DEAD,W=WIND, E=SEISMIC, S=SNOW, Di=ICE,WI=WIND ON ICE 6. MAXIMUM ALLOWABLE DEFLECTION AT TOP OF PILE=h148 (FOR EXAMPLE: 1.5"ALLOWED FOR V HEIGHT) 7. RACKING IS DESIGNED TO ATTACH TO A 8".WIDE FLANGE PILE T WITH 4"FLANGES BU CAN ACCOMMODATE OTHER.WIDE FLANGE SIZES IF COORDINATED WITH MANUFACTURING. 8. THESE REACTIONS ARE PRLIMINARY AND MUST BE VALIDATED WITH FINAL DESIGW THES;'ARE SUPPLIED FOR BUDETARY PURPSOSE ONLY. ' LOADSPREPARED BY:Applications Engineer Unirac, Inca 1411 Broadway Blvd NE Albuquerque,,NM 87102-1545 (505)242-6411 a 80 DI;] . . .Preliminary Only NOT FOR CONSTRUCTION! Page 1 of 2 Luke Hinkle From: "mark mckenzie"<markm@mckengineers.com> Date: Friday,February 24,2012 8:52 AM To: "Luke Hinkle"<luke@MyGenerationEnergy.com> Subject: Re:Fw:Airport Way Solar Hi Luke I was away for a few days this week. The proposed 15 drive depth will still be adequate for the new run On 2/21/2012 3:12 PM,Luke Hinkle wrote: Mark, Unirac has updated their foundation reaction analysis to a final version. In doing this they changed the ground snow load from 30 psf to 35 psf. Hence, the axial reaction has increased from 5.37 kIP back up to now 6.11 kIP. Both the previous and this version of the reaction analysis are attached. Please confirm that the 15' drive is still suitable. We are ordering the I-beams today and don't want to "cut them off twice and they're still too short." Thanks, Luke From: Luke Hinkle Sent:Tuesday, February 07, 2012 5:11 AM To: Mark McKenzie Cc: Mike Thonus Subject: Airport Way Solar Hi Mark, We have received a more final (though not quite final) reactions analysis from Unirac for the racking system at Airport Way. Compared to what we gave you back in August, this shows a little less down force (5.37 kIP versus 5.77 kIP) and a little more uplift (-1.04 kIP versus -0.54). We're getting some pushback from the pile driving services about our 15 ft depth with a 21 ft (- beam. The services who specialize in solar and are familiar with the Unirac system say that we're asking for a very deep drive relative to their normal experience. And the equipment they typically use isn't capable of this. It was the Unirac document that started us down the path of a 15 ft drive, but now I'm questioning their unofficial advice. What should we do to enable a more refined analysis that may allow us to design a shorter driven depth?Would a true Reotechnical survey give you enough information to specify a shallower drive? Thanks, Luke ----------------------------- My Generation Energy, Inc. Luke D. Hinkle, Ph.D. 508-237-4650 www.MyGenerationEnergy.com 3/5/2012 Page 2 of 2 M C"K 3 �T €4 y E E N Z% IE ENGINEERING . CONSULTANTS.- structural . civil •environmental Mark A. McKenzie, PE 127.9 Millstone Road Brewster, MA 02631 t 774,353 2144 f 774,353,2142 markmmckengineers.com mckeng ineers.co 3/5/2012 f Airport Way EXTERIOR 4 X 6 2/20/12 FOUNDATION REACTIONS i STRONG AXIS MAXIMUM REACTIONS(ASD) (REACTIONS ARE FOR 1 PILE) i MOMENT AXIAL SHEAR i (FT-KIP) (KIP) (KIP) D+S 8.08 4.39 0.00 i D+W 8.35 2.74 0.78 D+.7E 2.39 1.09 0.13 I - - - i D+.75W+•75S 11.48 4.90 0.59 D+.525E+.75S 7.46 3.64 0.10 GROUND SURFACE .6D+W 5.15 -1.04 0.68 .6D+.7E 1.72 0.67 0.13 D+•7(DiWi)+S 11.72 6.11 0.13 .6D+.7Di+.7Wi 3.94 2.09 0.13 i MAX: 11.72 1 6.11 0.78 NOTE:FOUNDATION MAY BE MIN: 1.72 -1.04 1 A PILE OR CONCRETE FOOTING FOUNDATION REACTIONS DESIGN.CRITERIA. WEAK AXIS Array Tilt Angle= 25.0ObEG MOMENT AXIAL SHEAR Design Wind Speed= 120 mph (FT-KIP) (KIP) (KIP) Exposure.= C D+.7E 0.66 1.09 0.13 Ground Snow Load= 35:0 PSF NOTES: Ice Thickness= .75 IN. 1. REACTIONS ARE FOR A SINGLE FOUNDATION. Ace Load Wind'Speed 50 mph 2. THE LOADS ARE APPLIED AT GROUND LEVEL. Ss= 0.2 3. ALL LOADS ARE WORKING LOADS. S1 = 0.054. 4. A NEGATIVE NUMBER FOR MIN AXIAL FORCE IS A NET UPLIFT. Site Class= D 5. ABBREVIATIONS FOR LOADS: D=DEAD,W=WIND,E=SEISMIC, tOccupancy Category= I S=SNOW, Di=ICE,WI=WIND ON ICE 6. MAXIMUM ALLOWABLE DEFLECTION AT THE TOP OF THE PILE=h/48.ABOVE GROUND LEVEL. (FOR EXAMPLE:1.5"ALLOWED FOR 6'-0" ABOVE GROUND LEVEL). 7. RACKING IS DESIGNED TO ATTACH TO A 8."WIDE FLANGE PILE OR POST WITH 4"FLANGES BUT CAN ACCOMMODATE OTHER WIDE FLANGE SIZES IF COORDINATED WITH UNIRAC. • 8. PILE/POST SIZES COMMONLY USED WITH IGM ARE W8x13 AND W8X15. THESE REACTIONS ARE FINAL REACTIONS AND HAVE BEEN VALIDATED BY FINAL DESIGN LOADS PREPARED BY: Ben Hagos fool NRA Unirac, Inc. 00 1411 Broadway Blvd NE C Ql Vr-1%l y Albuquerque, NM 87102-1545 (505)206-3922 ENPHASE MICRO.INVERTER M215 I� I j el'`1ph ;e i r E N E R G Y a 9 The Enphase Energy Microinverter System improves energy harvest, increases reliability, and dramatically simplifies design, installation and management of solar power systems. The Enphase System includes the microinverter, the Envoy Communications Gateway, and Enlighten, Enphase's monitoring and analysis website. - Maximum energy production PRODUCTIVE - Resilient to dust, debris and shading - Performance monitoring per module - System availability greater than 99.8% R E L I A B L E - No single point of system failure SMART - Quick & simple design, installation and management 24/7 monitoring and analysis s A F E - Low voltage DC , aft - Reduced fire risk c us MICROINVERTER TECHNICAL DATA Input Data (DQ M215-60-2LL-522/S23 M215-60-2LL-S22-NA/S23-NA(Ontario) Recommended maximum input power(STC) 260W Maximum input DC voltage 45V Peak power tracking range 22V-36V Operating range 16V—36V Min./Max.start voltage 26.4V/45V Max.DC short circuit current 15A Max.input current 10.5A f Output Data (AQ @208 Vac @240 Vac Maximum output power 215W 215W Nominal output current 1.0 A* _ 0.9 A* Nominal voltage/range 208V/183V-229V 240W211 V-264V Extended voltage/range 208WI79V-232V 240W206V-269V Nominal frequency/range 60.0/59.3-60.5 60.0/59.3-60.5 Extended frequency/range 60.0/59.2-60.6 60.0/59.2-60.6 Power factor >0.95 >0.95 Maximum units per 20A branch circuit 26(three phase) 17(single phase) Maximum output fault current 1.05 Arms,over 3 cycles,25.2 Apeak,1.74ms duration *Arms at nominal voltage .Efficiency CEC weighted efficiency 96.0% Peak inverter efficiency 96.3% Static MPPT efficiency(weighted,reference EN 50530) 99.8% Dynamic MPPT efficiency(fast irradiation changes,reference EN 50530) 99.9% .. r Nighttime power consumption 46mW Mechanical Data Operating temperature range -400C to+65°C Dimensions(WxHxD) 17.3 cm x 16.4 cm x 2.5 cm(6.8"x 6.45"x 1.0")* Weight 1.6 kg(3.5 Ibs) Cooling Natural convection—no fans Enclosure environmental rating Outdoor—NEMA 6 • *without mounting bracket Features . . _ _, . - Compatibility Pairs with most 60-cell PV modules Communication Power line Warranty 25 years,limited Compliance UL1741/IEEE1547,FCC Part 15 Class B CAN/CSA-C22.2 NO.0-M91,0.4-04,and 107.1-01 Enphase Energy, Inc. , 201 1st Street,Petaluma,CA 94952 877 797 4743 . www.enphase.com Printed on 100 percent recycled paper. solar electricity 240 WATT Business leaders install this module in large commercial applications, demonstrating financial astuteness MULTI-PURPOSE MODULE and environmental stewardship. NEC 2008 Compliant ENGINEERING EXCELLENCE High module efficiency for an outstanding balance of size and weight to power and performance. n DURABLE I Tempered glass,EVA lamination and - weatherproof backskin provide long-life and enhanced cell performance. RELIABLE 25-year limited warranty on power output. All HIGH PERFORMANCE This module uses an advanced solar cell surface texturing process to increase light absorption i and improve efficiency. l f INNOVATIVE I ' 156 mm pseudo-square monocrystalline solar cells provide high power output.Ideal for large r commercial rooftops where space is a premium. NU-U240F2 MULTI-PURPOSE 240 WATT ] �= MODULE FROM THE WORLD'S TRUSTED SOURCE FOR SOLAR. Using breakthrough technology, made possible by nearly 50 years of proprietary research and development, Sharp's NU-U240F2 solar module incorporates an advanced cell surface t A texturing process to increase light absorption The NU-U240F2 offers improved Frame Technology .industry-leading performance and improve efficiency. Common applications for a variety of applications. include commercial and residential grid-tied roof systems as well as ground mounted arrays. SHARP:THE NAME TO TRUST Designed to withstand many harsh operating when you choose Sharp,you get more than well-engineered products.You also get Sharp's conditions, this module offers high power proven reliability,outstanding customer service and Output per square foot of solar array. the assurance of our25-year limited warranty on power output.A global leader in solar electricity, Sharp powers more homes and businesses than any other solar manufacturer worldwide. BECOME POWERFUL 240 WATT NU-U240F2 NEC 2008 Compliant Module output cables:12 AWG PV Wire ELECTRICAL CHARACTERISTICS DIMENSIONS Maximum Power(Pmax)* 240 W BACK VIEW Tolerance of Pmax +10%/-5% ° A�� SIDE VIEW Type of Cell _ Monocrystalline silicon f E Cell Configuration 60 in series e D U Open Circuit'✓oltage(Voc) 3?.4 V Maximum Power Voltage(Vpm) 30.1 V ? G. Short Circuit Current(Isc) 8.65 A t Maximum Power Current(Ipmj 7.98 A + Module Efficiency(%) 14.7% (� +� Maximum System(DC)Voltage 600 V B Series Fuse Rating 15 A NOCT 47.5°C I Temperature Coefficient(Pmax) -0.4859/./'C t41 0D3W19.. Temperature Coefficient(Voc) -0.351%/0C k Temperature Coefficient(Isc) 0.053%/GC 'Illumination of 1 kW/m�0 sun)at spectral distribution of AM 1.5(ASTM E892 E O Q global spectral irradiance)at a cell temperature of 25°C. F J I—C EHANICAL CHARACTERISTICS A B C D E MC , _ ,�, _ 39.7"/994 mm 64.6"/7640 mm 1.8"/46 mm 14.4"/365 mm 3.9"/100 mm Dimensions(A x B x C below) 39.1"x 64.6"x 1.87994 x 1640 x 46 mm ' F G Cable Length(G) 43.3"/1100 mm 37.7/958 mm 43.371100 mm i t Output Interconnect Cable— 12 AWG with MC4 Locking Connector ry' Contact Sharp for tolerance specifications. Weight 41.9 Ibs/19.0 kg f( Max Load 50 psf(240C Pascals) Operating Temperature(cell) -40 to 194'F/-40 to 90°C safety lock clip(Multi Contact part number PV-SSH4)may be required in readily accessible locations per NEC 2008 690.33(C) "PV Wire per ULSubject 4703. QUALIFI,CATIONS 1Ir�r UL Listed-� _. ���UL 1703 s. Fire Rating Class C e �L us I Sharp solar modules are manufactured in the United _ . States and Japan, and qualify as "American" goods WARRANTY under the"Buy American" clause of the American 25-year limited warranty on power output Recovery and Reinvestment Act(ARRA). Contact Sharp for complete warranty information Design and specifications are subject to change without notice. Sharp is a registered trademark of Sharp Corporation.All other trademarks are property of their respective owners.Contact Sharp to obtain the latest product manuals before using any Sharp device.Cover photo:Solar Installation by SPG Solar. I Z;n--n�n� SHARP ELECTRONICS CORPORATIONI 0 SHARP P EL Avenue,Huntington Beach, N 92647 1-800-SOLAR-06•Email:sharpsolar@sharpusa.com www.sharpusa.com/solar 02010 Sharp Electronics Corporation.All rights reserved. 10L-080•PC-11-10 Labor Cost Task Number Time (hrs) Total (hrs) Rate($) Total ($) Disconnect Electrical Service 1 16 16 80 1280 Remove Modules from rack' 5,760 0.033 190.08 50 9504 Disassemble Sub-Array Racks Z 240 1 240 50 12000 Remove Pilings s 480 0.1 48 250 12000 Remove Fence 1 16 16 100 1600 Total Labor 36384 Disposal Cost Task Number(W) Unit Cost($/W) Transportation and Disposal of PV Modules' 11400,000 0.02 28000 Total Costs 64384 Recycling Number(lbs) Credit($} Total $) Racking s 266,000 0.05 13300 1 Beams' 122,400 0.05 6120 Total Recycling Credit 19420 Total Cost After Credit 44964 .' zy � • Notes: 1)Assume 2 minutes to disconnect each module from rack(professional judgment). '4 2) Assume 1 hour to disassemble each sub-array rack(professional Judgment). 3)Assume 10 minutes for an excavator to pull each piling (professional judgment). 4)Assume module disposal cost of 2 cents per watt(End-of-Life Management and recycling of PV Modules (V. Fthenakis, 2000)). 5) Steel recycling credit based on scrape values a of August 15, 2011. 1 MARK,A. f G „fy� fir' S r Al - a , MSTAR } EL EC M/C GAS 1- 7 Exhibit F Ifitefconnection Service Azreement 1. Parties. This Interconnection Service Agreement("Agreement'),dated as of February 28, 2012("Effective Date')is entered into,by and between NSTAR Electric,a Massachusetts corporation with a'principal place ofbusiness at One NSTAR Way,Westwood,MA 02090 (hereinafter referred to as the"Company's,and Airport Way Notuinee Trust,a'. Massachusetts entity with a principal place of business at 216 Thorton Drive,Hyannis,MA 02601("Intmwnuecting Customer")..(The Company and Interconnecting Customer are collectively referred to as the`°Parties'). Temps used herein without definition shall have the meanings set forth in Section 1.2 of the Interconnection Tariff which is hereby incorporated by reference.ID 1875. , 2. Basic Understandings. This Agreement provides for parallel operation of an Interconnecting Customer's Facility with the Company EPS to be installed and"operated by the Interconnecting Customer at 180 Airport Way,Hyannis,MA 02601 Account#TBD _(Facility name,address,and end-use customer account number,if applicable). A description of the Facility is located in Attachment 2. If the Interconnecting Customer is not the Customer,an Agreement between the Company and the Company's Retail Customei, attached as Exhibit G to the Interconnection Tariff,must be signed and included as an Attachment to this Agreement The but conaectmg Cps co=has the right to operate its Facility in parallel with the, Company BPS immediately upon successful completion of the protective relays testing as witnessed by the Company and receipt of written notice hiom the Company that interconnection with the Company EPS is authorized("Authorization Date',. 3. Term. This Agreement shall become effective as of the Effective Date. The Agi�eem nt shall continue in full force and effect until terminated pursuant to Section 4 of this Agreement 4. Termination f _ 4.1 T This Agreement maybe temunated under the following conditions. •4.1.1 The'Parties agree in writing to terminate the Agreements 4.1.2 The`lnterco�ecting Custamer may terminste this Agreement at any time by ` providing sixty(60)days written notice to Company: ` 4.1.3 The Company may terminate this Agreement upon the oc'aurrence of an Event of Default by the Interconnecting Customer as provided in Section 18 of this Agreement 4.1.4 The Company may terminate thus Agreement if the hderconnecting Customer ' eithei:(1)fails to energize the Facility within 12 months of the Authorization t Date;or,(2)permanently abandons the Facility.'Failure to•operate the Facility for any consecutive 12 month period after the Authorization Date shall constitute permanent abandonment unless otherwise agreed to in writing between the _ Parties. Page 1 of 19 Interconnection Service Agreement i ELECrfllc 4.I-5 The Company,upon 30 days-notice;m 1.ay.teiminaw this Agreemend,fthere are any changes m Department regulations or state law that haves.material adverse effect on its obligations under the temps of this Agreement the Company's ability to perform 42 9arvival of Obigations. The teaainatiori of this Agreement shall notrelieve either Party of its liabilities and obligations,owed or continuing-at the time of t6iminatiolL disputes Pending o Sections 5,.10, 12,13,and 25'as it relates to r for wrongful termination of this Agreement shall survive the teanmation of this Agreement _ 4.3 Related A�nts. Any agreement attached to and,mco po ated into this Agreement shall terminate concurrently with this Agreement unless the Parties have agreed ' otherwise in writing. S. General Payment Terms. The Interconnecting Customer shall be responsible for the System Modification costs and payment terms identified in Attacbsnerit 4 of this Agreement and arty approved cost increases pursuant to'the terms:of the Interconnection Tani$ If the system modifications exceed$25,000,Attachment 4 will include'alpaymerrt and construction schedule for both parties. 5.1 Cost or Fee Adjustment Procedures The Company will,in writing,advise the.Interconnecting Customer in advance of any e cost increase for work to be performed.up to a total amount of increase of 10%'only.'All. costs that exceed the 10•/o increase cap will be borne solely byYthe Company. Ariy such changes to the Company'.s costs for the work shalt be subject to the Inteccrimnecting Customer's consent" The Interconnecting Oustomer shall,within thirty'(30)days of the Company's notice of increase;authorize such mcn+ease and males payment in the amount. up to the 10%increase cap,or the Coa>pany will'SUSpi;d the work and the corresponding agreement will terminite- , 52 Fi321 Accouantjna. Upon request by the Interconnecting Customer,the Company.Within, ninety-(90)business days aft completion of the construction and installation of the ` System Modifications described in an attached exlnbit to the Interconnection Service, Agreement, shall provide Interconnecting Customir with a final accounting report of any difference between(a)Interconnecting Customer's cost responsiibllitypnder the Interconnection Service Agreement for the actual cost of such System Modifications,and (b)Interconnecting Customer's previous aggregate payments to the Company for such System Modifications. To the extent that interconnecting Customer's cost responsibility in the Interconnection Service Agreement exceeds Interconnecting Cuustnmer's previous aggregate Payments,the Company sball invoice Interconnecting Customer and Interconnecting Customer shall make payment to the Company within 45 days. To the extent that Interconnecting Customer's previous aggregate payments exceed Interconnecting Customer's cost responsibility under this agreement,the.Company shall refund w Interconnecting C ustomer an amount equal to the difference within forty five{4S7 days of the provision of such final accounting Page 2 of 19 Interconnection Service Agreement 1VST.��R F a; EL EC rR/C GA S 6. Operating Requirements. 6.1 General Operating Requirements Interconnecting Customer.shall operate and maintain the Facility in accordance with the applicable manufacturer's recommended maintenance schedule,in compliance with all aspects of the Company's Interconnection Tariff..The Interconnecting Customer will continue to comply with all applicable laws,and requirements after interconnection has occurred. in the event the Company has reason to believe that the Interconnecting Customer's installation maybe the source of problems on the Company EPS,the` " E Company has the right to install monitoring equipment at a mutually agreed upon location to determine the source of the problems. If the Facility is determined to be the source of the problems,the Company may require disconnection as outlined in Section 7.0 of this Interconnection Tariff. The cost of this testing will be borne by the Corppany unless the Company demonstrates that the-problem or problems are caused by the Facility or if the test was performed at the request of the Interconnecting Customer. 6.2 No Adverse Effects;Non-interference ` Company-shall notify hrtercounecting Customer if there is evidence that the operation of the Facility could anise disruption or deterioration of service to other Customers served from the same Company EPS or if operation of the Facility could cause damage to Company EPS or Affected Systems. The deterioration of service could be,but is not limited to,harmonic injection in excess of IEEE Standard 1547-2003,as well as voltage fluctuations caused by large step changes in loading at the Facility. Each Party will notify the other of any emergency or hazardous condition or occuaence with its equipment or facilities which could affect safe operation of the other Patty's equipment or facilities. Each Party shall use reasonable efforts to provide the other Party with advance notice of such conditions. The Company will operate the EPS in such a manner so as to'not unreasonably interfere with the operation of the Facility. The Interconnecting Customer will protect itself from normal.disturbances propagating through the Company EPS,and such normal disturbances shall not constitute unreasonable interference unless the Company has,. deviated from Good Utility Practice. Examples of such disturbances could be,but are not, limited to,single phasing events,voltage sags from remote faults on the Commpany EPS, and outages on the Company EPS. If the Interconnecting Customer demonstrates that the Company EPS is adversely affecting the operation of the Facility and if the adverse effect is a result of a Company deviation from Good Utility Practice,the Company shall take appropriate action to eliminate the adverse effect 6.3 Safe Operations and Maintenance Each Party,shall operate,maintain;repair,and inspect,and shall be fully responsible for, the facility or facilities that it now or hereafter may own unless otherwise specified in this Agreement Each Party shall be responsible for the maintenance,repair and condition of its respective lines and appurtenances on their respective side of the PCC. I • Page 3 of 19 Interconnection Service Agreement NSTAR . y__ �• F !t. EL EC TH/C L GAS The Company and the Interconnecting Customer shall each provide equipment on its• respective side of the PCC that adequately protects the Company's BPS,personnel,and other ' persons from damage and injury. 6.4 Access T. ... The Company shall have access to the disconnect switch of the Facility at all times. 6.4f 1.Company and Tr�iarr�±nne�tin�¢Customer Representatives: �..:. , Each Party shall provide and update as necessary the telephone number that can be used at all times to allow either Party to report as emergency , 6.4.2 Company Right to Access Companp-Owned Facilrtics and Equipment If necessary,for the purposes of the-Interconnection.Tariff and in the manner it describes, the Interconnecting bhitoaser shall allow the Company access to the Company's 4- - equipment and the Company's facilities located on the Intercomiecting Customer's or Customer's premises. To the extent that the Interconnecting Customer does not own all or any part of the property on which the Company is_required to locate its equipment or facilities to serve the Interconnecting Customer under the Interconnection Tariff j the c- Interco3111 g Customer shall secure and provide in favor.of the Company the necessary rights to obtain access to such equipment or facilities,inchuling easements if the ciratrmstances so require. 6.43 Right to Review Information. ' - r i The Company shall have the righfto review and obtain copies of Interconnecting ° operations and maintenance records,logs,or`other infomnation such as; rCnsbonier s � , unit'availability;'mamtenanice outages, circuit breaker operation requiring manual reset; relay targets and unusual events pertaining`to'Intercanneciing Customer's Facility or its interconnection with the Company EPS. This information Will be treated as customer-confidential and only used for the purposes of meeting the requirements of Section 4.24'in the Interconnection Tariff. 7. Discoineition ' LTenipo'rary Disconnection _ _ r - 7.1.1 Emergency CondiEions. Company shall have the right to immediately'and ' iemporaiily.discoanect the Facility without prior notification in cases ivhere,in the'-' '*reasonable judgmeni of Company,conlinu tn6e'of such service to Interconneefing ' Customer is imminently likely to(i)endanger persons or damage property or(ii)cause a material adverse effect on the integrity or security of or damage to,Company BPS or to the electric systems of others to which the Company EPS is directly connected . _ Company shall notify Interconnecting Customer promptly.of the emergency condition • :�.Iateraonnecting Customer shalt notify Company Promptly when it becomes aware of an .. emergency condition thai'afFects the Facility that may reasonablybe expected to affect theCompangEPS. .; s '. Page'4 of 19 Interconnection Service Agreement NSTAR EL EC rRIC GAS To the extent information is lmown,the notification shall describe the emergency condition,the extent of the damage or deficiency,or the expected effect on the operation of both Parties'facilities and operations,its anticipated duration and the necessary corrective action. 7.1.2 Routine Maintenance,Construction and Repair. Company shall'have the right to disconnect the Facility from the Company EPS when necessary for routine maintenance, contraction and repairs on the Company BPS. The Company shall provide the ., - Interconnecting Customer with a minimum of seven calendar days planned outage notification consistent with the Company's planned outage notification protocols. If the. 'Interconnecting Customer requests disconnection bythe Company at the PCC,the Interconnecting Customer will provide a minimum of seven days notice to the Company. Any additional notification requirements will be specified by matual agreement in the Interconnection Service Agreement. Company shall make an effort to schedule such curtailment or temporary disconnection with Interconnecting Customer. 7.1.3 Forced Outages. During any forced outage,Company shall have the right to suspend interconnection service to effect immediate repairs on the Company EPS; provided,however,Company shall use reasonable efforts to provide the Interconnecting Customer with prior notice. Where circumstances do not permit such prior notice to Interconnecting Customer,Company may interrupt Interconnection Service and disconnect the Facility from the Company EPS without such notice. 7.1.4 Non-Emergency Adverse Operating Effect& The Company may disconnect the Facility if the Facility is having an adverse operating effect on the ComparW BPS or other customers that is not an emergency,and the Interconnecting Customer fails to correct such adverse operating effect after written notice has been provided and a maximum of 45 days to correct such adverse operating effect has elapsed. T-1.5 Modification of the Facility. Company shall notify Interconnecting Customer if there is evidence of a material in to the Facility and shall have the right to -immediately suspend interconnection service in cases where such material modification has been implemented without prior written authorization from the Company. r_ 1 7.1.6 Re-connection. Any curtailment,reduction or disconnection shall continue only for so long as reasonably necessary. The Interconnecting Customer and the Company shall cooperate with each other to restore the Facility and the Company EPS, respectively,to their normal operating state as soon as reasonably practicable following ` the cessation or remedy of the event that led to the temporary disconnection. 72 Permanent Disconnection. The Interconnecting Customer has the right to permanentlydisconnect at any time with 30 days.written notice to the Company.. 7.2.1 The Company may permanently disconnect the Facility upon termination of the Interconnection Service Agreement in accordance with the terms thereof. Page 5 of 19 Interconnection Service Agreement ` I NST.AR F :{ GAS 8. Metering.-:Metering of the output from the Facility shall.be coaducted_pursuant to`the terms of,the Interconnection Tarr _ 9. Assignment Except as provided herein,Interconnecting Customer shall not voluntarily i assign its rights or obligations,in whole or in part,under this Agreement withaut Comipany's written consent.Any assignment Interconnecting. mer purports to make without- ., Company's written:consent shall not be valid- ;Company shall not unreasonably withhold or _ May its consent to Interconnecting Customer's assignment of this Agreement an .'s consent will not be for assignment above required �Y Notwithstanding the ,Comp Y. ._ - e. made b Interconnecting Customer to an Affiliate or as collateral security in connection with y 'on. In an the Customer will not be relieved of its a financin transacts events, g g, • and until"tha assignee;as m.wr ' ;M obligations under this Agreement unless, gn trng obligations of this Agreement and notifies the Company of such assumption%, 10. ConfideatialitY Con an shall maintA;n confidentiality of all Jnteicauinectin9 Customer p Y confidential and proprietary information except as o required by applicable laws and v the Iatrrconnectin Customer in regulations;the Interconnection Tarr or as approved by g the Simplified or Expeditedl&andard Application form or`otherwise. _ _,.. •,sal. _ ., s • :'s" _ 11. Insurance Requirements. T_ . 11.1 General Liability. , 11 1(a) In connection with Interconnecting Customer's performance of its duties and obligations under the Interconnection Service Agreement,Interconnecting Customer shall maintain,during the tetra of the-Agreement,general'liability " insurance with a combined single limit of not less than _ y- L Five million dollars($5,000,000)for each occurrence and in the _ aggregate if,the,Gross Nampplaw Rating of Interconnecting Customer's Facility is greater than five(5)MW t4 IL Two million dollars.($2,000,000)for each occurrence and five million dollars($5,000,000)in the aggregate if the Gross Nameplate Rating of i,. Interconnecting Customer's Facility is greater than one(1)MW and less .1,4w r _, than or equal.to five(5)MW; ; M. tine million dollars ($1,000,000)for each occurrence and in the, 'aggregate if the Gross Nameplate Rating of Interconnecting Customer's Facility is greater than one hundred.(100)kW and less than or equal to one(1)MW: iv. Five hundred thousand dollars($500,000)for each occurrence and in the aggregate if the Gross Nameplaw Rating of Interconnecting Customer's Facility is greater than ten(10)kW and less than or equal to one hundred (100)kW,except for as provide below in subsection 1 I.I(b)..- -. Page 6 of 19 ljt=o=,=ion Service Ageement r I AASTAR EL EC TH/C GAS 11.1(b) Pursuant to 220 CMR 18.03(2),no insurance is required for customers with facilities eligible for Class 1 Net Metering(facilities less than or equal to sixty. (60)W. However,the Company recommends that the Interconnecting Customer obtain adequate insurance to cover.potential liabilities. 11.1(c) Any combination of General Liability and Umbrelle/Excess Liability policy limits can he used to satisfy the limit requirements stated above. 11.1(d) The general liability insurance required to be purchased in this Section 11 may be purchased for the direct benefit of the Company and shall respond to third party claims asserted against the Company(hereinafter known as"Owners Protective Liability"). Should this option be chosen,the requirement of Section 11.2(a)will not apply but the Owners Protective Liability,policy will be purchased for the direct benefit of the Company and the Company will be.designated.as the primary and"Named Insured"under the policy. 11.1(e) The insurance hereunder is intended to provide coverage for the Company solely with respect to claims made by third parties against the Company. t 11.1(1) In the event the Commonwealth of Massachusetts,or any other governmental subdivision thereof subject to the claims limits of the Massachusetts Tort Claims Act,G.L.c.258(hereinafter referred to as the"Governmental Entity")is the Interconnecting Customer,any insurance maintained by the Governmental Entity shall contain an'endorsement that strictly prohibits the applicable insurance company from interposing the claims limits of G.L-.c.258 as a defense in either the adjustment of any claim,or in the defense of any lawsuit directly asserted against the insurer by the Company- Nothing herein is intended to constitute a waiver or indication of an intent to waive the protections of G.L.-c.258 by the Governmental Entity: 11.1(g) Notwithstanding the requirements of section 11.1(a)through(f),insurance for certain Govermnental Entity facilities may be provided as set forth in section 11.1(g)(i)and(ii)below. Nothing herein changes the provision in subsection. I I.1(a)(iv)that exempts Class I Net Metering facilities(less than or equal to 60 kW)from the requirement to obtain insurance.In addition,nothing shall prevent the Governmental Entity from obtaining insurance consistent with the provisions of subsection 11.1(a)through(f),if it is able and chooses to do so. (i) For solar photovoltaic(PV)facilities with a Gross Nameplate Rating in' excess of 60 kW up to 500 kW,the GovernmentaUntity is not required to obtain liability insurance. Any liability costs borne by the Company. associated with a third party claim for damages in excess of the claims limit of the Massachusetts Tort Claims Act,M.G.L.c.258,and market-based premium-related costs,if any,borne by the Company associated with. ,. insurance for such third party claims shall be recovered annually on a .. reconciling basis in Company rates in a manner that shall be reviewed and approved by the Department Page 7 of 19 Interconnection Service Agreement - I MPNSTAR ' EL EC rRIC GAS - of 500 kW late in excess 4 For(a)PV facilities:with a Gross Namep Rating. to 5 MW,(b)wind facilities with a Gross Nameplate Rating in excess of 60 kW up to 5 mw1 . and(c)higbly efficient combined heat and power facilities with a Gross Nameplate Rating of in excess of 60 kW up,to 5 MW,the Governmental Entity is not required to obtain liability in�ce,subject to the regairem s of the following paragraph The Company shall either self-insure for any risk associated with'possible third- party claims for damages in excess of the Massachusetts.Tort Claims-Act Limit, _ 14. or obtain liability insurance for such third-party claims,and.the Company is authorized to charge and collect from the Governmental Entity its pro-rata allocable share oftbe:cost of so doing,plus all.reasonable administrative costs. The coverage-and cost may vary with the size and type of facility,and may change(increase or decrease)over time,based on insurance riiazket conditions, and such cost shall be added to;and paid for as part of the Governmental Entity's electric bill 11.2insurer Requirements and Endorsements: , All requimd insurance shall be carried by reputable insurers qualified to underwrite 'insurance in MA having a Best Rating of"A In addition,all insurance shall,(a) include Company as an additional'insured;(b)contain a severability of interest clause or cross-liability clause,(c)provide that Company shall not incur liability to the insurance carries for payment of premium for such insurance;and(d)provide for thirty(30) * calendar days'written notice to Company prior to cancellation,termination,or material change of such�n u¢•ance;provided that to the extent the Interconnecting Customer is satisfying the requirements of.subpart(d)of this paragraph by means of a.presently existing insu ra a policy,the Interconnecting Pistomer shall,only;be required to make good faith efforts to satisfy that requireTi1ent and will assume the responsibility for notifying the Company as required above. If the requirement of clause(a)in the paragraph above.prevents Interconnecting Customer from obtaining the insurance required without added cost or due to written ref isal by the insurance carder,then uponInterconnecting Customer's written.Notice to Company,the requirements of clause(a)shall be waived. . y 11.3 Evidence of Insurance. s .. Evidence of the insurance required shall state that.coverage provided is primary and is not in excess to or contributing with any insurance or self-insurance maintained by Interconnecting Customer. r. The Interconnecting Customer is responsible for providing the Company with evidence of insurance in compliance with the Interconnection Tariff on an annual basis. .Prior to the Company commencing work on System Modifications,.and annually tkereafter,-the Interconnecting Customer shall have its insurer fiunish to the Company certificates of insurance evidencing the insurance coverage required above. - Page 8 of 19.,,, Interconnection Service Agreement f t NSTAR 4 EL EC TR/C GAS 1. F The luterconnectimg Customer shall notify and send to the Company a certificate of mourance for any policy written on a"claims-made"basis. The Interconnecting Customer will maintain extended reporting coverage for three years on all policies written on a°claims made"basis. In the event that an Owners,Protective Liability policy is provided,the original policy shall be provided to the Company 11.4 SelfIasarance ' If lutercomeding Castoiaer has a self-ins usurp program established in accordance with commercially acceptable risk management practices,Interconnecting Customer may.- comply with:the following inlieu of the above requirements as reasonably approved by the Company: . ` • Interconnecting Customer shall provide to Company,at least thirty(30), calendar days prior to the Date of Initial Operation,evidence of such ' program to self-insure to a level of coverage equivalent to that required. •' If Interconnecting Customer ceases to.self-insure to the standards required:hereunder,or if Interconnecting Customer is unable to provide continuing evidence of Interconnecting Customer's financial ability to self-insure,-Interconnecting Customer agrees to promptly obtain the coverage required under Section 11.1. This section'shall not allow any Governmental Entity to self-insure where the existence of a limitation on damages payable by a Government Entity imposed by the. - Massachusetts Tort Claims Act,G.L.c.258,or similar law,could effectively limit recovery(lip virtue of a cap on recovery)to an amount lower.than that required_in section 11.5 All insurance certificates,statements of selfinsurance,endorsements,cancellations, terminations,alterations,and material changes of such insurance shall be issued and 'submitted to the following. NSTAR Electdcl - Attention: J.V.Feraci One NSTAR•Way-' Mailstop:SLTMSW390 Westwood,MA 02090 Page 9 of.19. Interconnection Service Agreement a is EL EC TR/C GAS �. 12. Indemnification. Except as the Commonwealth is precluded from pledging credit by Section 2''of Article 62 of the Amendments to the Constitution of the Commonwealth of Massachusetts,and except as the Commonwealth's cities and towns are precluded by Section 7 of Article 2 of the Amendments to the Massachusetts-Constitution from pledging their Customer and shall each. • credit vvithamrt'priar.legislative authority,Interconnecting .�II?FaaS'., _ indemnify,defend and hold the other,its directors,officers,employees.and agents(including, - I but not limited to,Affrliat es and contractors and their employees),harmless from and against _ all liabilities,damages,losses,penalties,claims,demands,suits and proceedings of any natur-e whatsoever for personal injury(including death)or Property damages to unaffiliated third parties that arise out of or are in any manner connected with the performance of this Agreement by that Party except to the extent that such injury or damages to unaffiliated third parties may be attributable too the negligence or willful miscondnet of the Party seeking . indsmaification- - ILI Lfmfitatfon of Liabllftf.'Each Party's liability t D the other Party for any loss,cost,claim, injury,liability,-or expense,including court costs and reasonable attomey'a fees,relating to or arising fmm'any act or omission in its performance of this Agreement,shall be limited to the amrnmt of direct damage or liability actually incurred. In no event shall either Party be liable W the'other Party for-any indirect,incidental,special,consequential,4r Punitive damages of any kind whatsoever. 14. Amendments and.Modifiealaons No amendment or modification of this Agreement shall be binding unless in writing and duly executed-by both Parties _ 15. Permits and Approvals Interconnecting Customer shall obtain all environmental and other permits lawfully required by governmental authorities for the construction and operation of the Facility. Prior to the construction of System Modifications the interconnecting customer .will notify the Company that it has initiated the permitting process. Prior to the commercial operation of the Facility the Customer will notify the Company that it has obtained all permits necessary. Upon request the Interconnecting Cbstomer shall provide copies of one or more of the necessary penults to the Company. 16. Force bUjenre For purposes of this Agreement,"Force Majeure Event"means any event: & that is beyond the reasonable control of the affected Party,and • . ; 4 b. that the affected Party is unable t?a prevent or provide against by exercising commercially reasonable efforts,including the following events or _ circumstances,but only to the extent they satisfy the preceding requirements:ads of war or terrorism,public disorder,inset ection,or rebellion;floods,hurricanes, earthquakes,lightning,storms,and other natural calamities;explosions or fire; strikes,work stoppages,or labor disputes;embargoes;and sabotage. If a Force Majeure Event prevents a Party from fulfilling any obligations wader this Agreement,such Party will promptly notify the other Party is writing and will keep the other Party informed on a continuing basis of the scope and duration of the Force Majeure Event. Pagd.10 of 19 Interconnection Service Agreement NRTAR ELECrRIC GAS The affected Party will specify in reasonable detail the eireumstances.of the Force Majeure Event,its expected duration,and the steps that the affected Party is taking to mitigate the effects of the event on its perfomianee.,The affected Party will be entitled to suspend or modify its performance of obligations under this Agreement,other than the obligation to make payments then.due or becoming due-under this Agreement,but only to the extent that the effect of the Force ANeure Event.cannot be mitigated by the use-of reasonable efforts.-The affected Parry will use reasonable efforts to resume its performance as soon as possible.In no event will the unavailability or inability to obtain fiords constitute a Force Wieure Event k. 17. Notices 17.1 Any written notice,demand;or request required or authorized in connection with this Agreement("Notice')shall be deemed properly given on,the date.actually delivered in -,person or five(S)business days after being sent by certified mail,e-mail or,fax with confirmation of receipt and original follow-W by mail,or any nationally-recognized delivery service with proof of delivery,postage prepaid,to the person specified below: If to Company. Name.NSTAR Electric Attention: Joseph V.,Feraci,k. ' Mail Stop"SW390 �. One NSTAR Way.. Westwood,MA 02090 rt Pli6ne:781-441-8196 FAM 781- 41-8721 - k sip.- *•,�:_ �: • _ .f;-. , - _ If to Interconnecting Customer.. Name:Airport Way Nominee Trust Attention:Dana Soderberg, Address: 216 Thorton Drive u *. City:-Hyannis,MA 02601 Phone.774-836-3449 r FAX:None Email:dsodetberg@shepleywood.com 17.2 A Party may change its address for Notices_at any time by providing the other Party Notice of the change in accordance with Section 17.1-. F,t . 17.3 The Parties may also designate operating representatives to conduct the daily communications,which may be necessary or convenient for the administration of this Agreement Such designations,including names,addresses,and phone numbers maybe communicated or revised by one Party's Notice to the other. t Page 11 of 19 Interconnection Service Agreement i N.SMA1R - , IELECrRIC GA S _ 18. Defanit and Remedies. 181 Defaults. Any ow of the following shall constitute `An Event of Default" -One of the Parties shall fail to pay any;undispnrted bill for charges, '�"-'incurred under this Agreement or other amounts which one Party owes .4 the other Party as and when due,any such failure shall continue for a period of ff ay(30)days after wiittea notice of nonpayment from the affected Party to the defaulting Party,or:t: (ii) one of the Parties fails to comply with any other provision of this :t Agreement or bleaches any representation or warranty in any material respect and fails to cure or remedy.that def mh or breach within,snrty a: o (60)days after written notice and demand by the affected Party,to cure ' ''the same or such longer period renonably required to cure(not to wmeed ' -an additional 90 days unless.otherwise mutually-agreed upon provided that the defaulting Party diligently continues to cure until such failure is My cued. 4 18.2 Remedies.Upon the pecuaence of an Event of Default,the affected Party may at its option,in addition to any remedies available under any other provision herein,do any,or any combination,as apgzopiiate,'of tlie.following. a. Continue to and enforce this Agreement; b. Recover damages from,the defaulting Party except as limited by this c. By written notice to the defaulting Party terminate this Agreement; d. _Pursue any other iemedies it may have under this`Agreement or under applicable law or in equity. 19. Entire Agreement This Agreement,including any attacbments or appendices,is entered _ into pursuant to the Interaamnection Tariff Together the Agreement and the Intercomiection ' Tariff represent the entire understanding between the Parties,their agents,and employees as to the subject matter of this Agreement Each Party also represents that in entmmg into this Agreement,it has not relied on any promise,inducement,representation,warranty, agreement or other statement not set forth in this Agreement or in the Company's Interconnection Tariff 20. Supereedexim In the event of a conflict between this Agreement,the Interconnection Tariff; or the terms of any other taxi$Exhibit or Attachment incorporated.by reference,,the terms of the Interconnection Tariff;as the same may be amended from time to time,shall control. In the event that the Company files a revised tariff related to interconnection for Department ' approval after the effective date of this Agreement,the.Company shall,not later than the date of such filing,notify-:the signatories of this Agreement and provide them a`copy of said filing. ' "page 12 of 19 h t wunection Service Agreement AISTAR ELECTRIC GAS 21. Governing Law. This Agreement shall be interpreted;governed,and construed under the laws of the Commonwealth of Massachusetts without giving effect to choice of law provisions that might apply to the law of a different jurisdiction. 22. Non-waiver: None of the provisions;of this Agreement shall be considered waived_ by a Party,unless such waiver is given in writing. The failure of aParty to insist in any one or mom instances upon Pict performance of any of the provisions of this Agreement or to take advantage of any of its rights hereunder shall not be conshued as a waiver of any such provisions or the relinquishment of any such rights for the future,but the same shall continue and remain in fall force and effect 23. Counterparts. This Agreement may be signed in counterparts. 24. No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties hereto. Nothing in the Agreement shall be construed to create any rights in or duty to,or standard of care with respect to,or any liability to,any person not a party to this Agreement. M Dispute Resolution. Unless otherwise agreed by the Parties,all disputes arising under this Agreement shall be resolved pursuant to the Dispute Resolution Process set forth in the Interconnection Tariff. 26. Severability. If any clause,provision,or section of this Agreement is ruled invalid by any court of competent jurisdiction,the invalidity of such clause,provision,or section,shall not affect any of the remaining provisions herein. 27. Signatures , IN WITNESS WFIEREOF, the Parties hereto have caused two (2) originals of this Agreement to be executed under seal by their duly authorized representatives. Interconnecting Customer Company By: ;'' / By: Naq - /uit ;ip k le Name: MiM N.Le Title Title: Manager,Technical Canter Page 13 of 19 Interconnection Service Agreement i OMSTAR Y EL EC Ti9/C -. ..r - OAS The follovvmg attachmei> is wtil lie included as sa mrouriate far each spec;-c, Intersonneetion Service Agreem ent.o _ _. . Attachment l: Definitions(See'Sedtou f3 of Tariff]" - Attachment 2: i Description of Facilitties,including.demarcaiion of Point of Common CoUpftg Attachment 3 1Description of System Modffieat3on"s Attachment 4: Costs of Sysb=Modificatious and Payment Terms., _. Attachment 5: Special Operating Requirements,if any = Attachment 6: Third Party Owner,Agreement..(NIA) ,.. .. ,ram, Pagi 14 of 19.,,,1 Interconnection Service Agreement b w d i MSTARfY'4.. •.. EL EC TR/C GAS Description of Facilities;including,demarcation,f of Point of Common Coupling r• Page 16 of 19 b terco=w ion Service Agreement 1:X, CfJ G PRO Pc>�,EG Pot 'lY PAP Moot-IT RI�rR GENERAL NOTES FBI E ALL WORK SHALL CONFORM TO THE MASSACHUSETTS ELECTRICAL CODE. r \h. a� SL&^tti'S _UHF ALL WORK SHALL CONFORM.TO THE ELECTRIC UTILITY CO SPECIFICATIONS. falcr MATERIALS SHALL BE UL LISTED AND LABELED. To STA ivAi2Ds. EQUIPMENT SHALL BE INSTALLED IN ACCORDANCE WITH MANUFACTURERS INSTALLATION INSTRUCTIONS. �prE� I���`-�•10� �t 1-T'c:H CIRCUIT BREAKERS SHALL BE RATED FOR REVERSE FEED. NI�F� v�l2-77✓, SPN,Av-1, aPts-ioui-xi P )IDa� 1%fPI:A,L r-0R Cam)F IssI;s 5 :i7(o0 '>�t..Gar�, PA.r•.Ist.-:. 1339.I:vJ (m raI M L-1M) J-O�PA -LI r.lE L—FwrM511�EP. t PAt-1e-L =2+00 0L.P.IZ FAWP—L(5).90A--6P �*f~ Wor,�-o 6W240 (TYP.) AREA 51-180 AIRPORT WAY-BARNSTABLE,MA . Prepareq By:Swan Engineering,Inc. r i 1 I TtEt JOC7U`LAK � ti s Prepared for:My Generation Energy W WI RI1.Ir:�(T(P) I , t ° Issued:!ar Electric Utility Co.Application 7-2B I1 Iasi C f(PIG/+L FoF: 5 c.tric-ji 12,E . ,f .1 r,Z L, °d vvEE .. Not rarConstruction { like � kal ��yy 1 g flo a BOr a : j w 0Di � - m ............._.... _............................................_...........................�...., -7p4' 2S' NSTAR TO; CUSTOMERTO; •362122 REPLACE 1988 w CL4 FO WITH 40'CL1 TRANSFER •INSTALL A PRIVATE UNDERGROUND SYSTEM. PRIMARIES AND NEUTRAL SYSTEM TO BE FED FROM POLE 1611W •3SN21 REPLACE 35'CL 4'WITH 4V CL1 FO TRANSFER PRIMARY METERING CLUSTER THREE PHASE THREE PHASES INSTALL 4X1/0 ACSR,TO POLE 168811 •MAKE ALL CONNECTIONS IN PADMOUNT TRANSFORMER. VIA POLE 3020 24V+l- INSTALL 3 PHASE TRANSFORMER BANK 26 KVA `MAKE RISERTERMINATIONS ON PRIMARY CABLE 22.8 KV 1201208 MAKE 120 CONNECTION FOR ST LIGHTS .... S CUTOUTS FOR SOURCE RECLOBER *HAVE AN ACCEPTANCE TEST DONE AND PASSED ��_`` •362/20 REPLACE 35'CL4 WITH 46'CL1 FO TRANSFER THREE PHASES AND BUILD POLE FOR THREE PHASE '�----. PRIMARY LATERAL TO POLE 160811 AND 12 10W+1- REMOVE TRANSFORMER `352119 REPLACE 36'CL4 WITH 46'CL1 FO TRANSFER s THREE PHASES,THREE:PHASB RISER,AND a SECONDARY NEUTRAL •352118 REPLACE 1091 FO 35'CL4 WITH 40'CL1 TRANSFER SINGLE PHASE AND SECONDARY,RISER ; TRANSFORMER AND CUTOUT I 352I19 `168811 NSTAR TO INSTALL 50'CL 1 FO POLE FRAME I �•• ® POLE INSTALL 3 PHASE 27 KV 600 AMP NOVA RECLOSER !� 4�1 INSTALL 3=110 ACSR PRIMARIES AND 1-NEUTRAL M i 1688/ � 48'W- 45,+� •158812 INSTALL 45'CL i POLE DEADEND THREE 1888! PHASES AND NEUTRAL INSTALL PRIMARY METERING CLUSTER ... .-•_ •362/23 REMOVE THREE CUTOUTS 3 1 ,+!• •60142 A MARY DUNN RD.CHANGE FUSES TO 66T �x4ioAt 352/21 . M November 14,2011 W001842441 CIRCUIT 92 A NSTAR 180 AIRPORT WAY 1688 CHRIS MURPHY HYANNIS HYANNIS i _ M PJSTAAR ELECTRIC - *I GA S Attachment 3-Description of System Modifications Page 17 of 19._ ; Interconnection Service Agreement • . �• � ice`• a a� 0 -rA ti. NS'?AR EL EC TR/C GAS Attachment 5—Special Operating Requirements This facility will be tripped off line when the normal feed that supplies the electric power for-this project is out of service or fed from another electrical feed. Please note that when the facility is tripped off-line for the above circumstance,there will be no power to the facility at all and it is up to the customer to supply any power needed during that time. Page 19 of 19 Interconnection Service Agreement r Airport Way Nominee Trust 180 Airport Way Hyannis,IdlA 02601 Monday,May 23,2011 NSTAR One NSTAR Way Westwood,MA 02090 RE: 180 Airpoit Way Hyannis,MA Please accept this letter as notification that Luke Hinkle,President of My Generation Engergy.com,is working as an agent for Airport Way Nominee Trust in the application process of installing solar panels on site. Thank you for your cooperation in this matter. Please feel free to contact me should you have any questions or require additional Information. J. B Mace or M alter TOWN OF&1RNSTABLE uem z MISCIAN OF LAND IN 13AM7:ABLE WYMwIS Nw FOR�'rtd10T Q � g ET.gU-1 T.U.JBB�QIVID BCCLE�ITTEE . FILE NO. nb m m ���� FO¢QEGIBTRY USE �� �'YAK•as m e l� �O C N p yyP 8 !!VV - 0 B y b� ell a sge i 0 eves e c b �o > 0 �RgL 1p� /1PPRouqL-r,oT RE&uIKeD 04\NNIN60� r..._,.N..la nse3Mc�'T taw.its mt5 d r BP'09880-0272 95-10-12 12102 #051461 DECLARATION OF TRUST ESTABLISHING AIRPORT WAY NOMINEE TRUST Peter F. Mulvey of 200 Air2W Way_ '11yannis.MA 02b01 (The "Trustee"), hereby declares that Ten (10) Dollars is held in trust hereunder and any and all additional property and interest in property, real and personal, that may be acquired hereunder (the "Trust Estate") shall be held in trust, solely as nominee, for the sole benefit of the individuals or"entitles listed in the Schedule of Beneficiaries in the proportions stated in said Schedule, which Schedule has this day been executed by the Beneficiaries and filed with the Trustee with receipt acknowledged by at least one Trustee (hereafter, as it may be amended, "Schedule of Beneficiaries"). SECTION ONE Name and Purpose 1.1 This Trust shall be known as the AIRPORT WAY NOMINEE TRUST and is intended to be a nominee trust, so-called, for federal and state income tax purposes and to hold the record legal title to the Trust Estate and perform such functions as necessarily incidental thereto. SECTION TWO Trustees 2.1 The term "Trustee" or "Trustees" whenever used herein shall mean a Trustee or the Trustees named herein and such person or persons who hereafter are serving as Trustee or Trustees hereunder, and the rights, powers, authority and privileges granted hereunder to the Trustee shall be exercised by such person or persons' subject to the provisions hereof. 2.2 In the event that there is only one Trustee at any particular time such Trustee may execute any and all instruments and certificates necessary to carry out the provisions of the Trust. In the event there are two or more Trustees, any two Trustees, except as otherwise provided in Paragraph 7.2,may execute such instruments and certificates necessary to carry out the provisions of the Trust. _1� f BP,09880-0273 95-10-12 12,02 #051461 2.3 No Trustee shall be required to furnish bond. No Trustee hereunder shall be liable for any action taken at the direction of the Beneficiaries, nor for any error of judgment nor for any loss arising out of any act or omission in the execution of the Trust so long as acting in good faith,but shall be responsible only for his or her own willful breach of trust. No license of court shall be requisite to the validity of any transaction entered into by the Trustee. No purchaser, trans transferee, pledgee, mortgagee or other lender shall be under any liability to see to the application of the purchase money or of any money or property loaned or delivered to any Trustee or to see that the terms and conditions of this Trust have been complied with. Every agreement, lease, deed, mortgage, note or other instrument or document executed or action taken by the person or persons appearing from the records of the Registry of Deeds to be the Trustee or Trustees, as required by Paragraph 2.2, shall be conclusive evidence in favor of every person relying thereon or.claiming thereunder that at the time of the delivery thereof or of the taking of such action this Trust was in full force and effect, that the execution and delivery there or taking of such action was duly authorized, empowered and directed by the Beneficiaries. 2.4 Any person dealing with the Trust Estate or the Trustee may always rely without further inquiry on a certificate signed by the person or persons appearing from the records of the Registry of Deeds to be the Trustee or Trustees,as required by Paragraph 2.2, as to who are the Trustees or the Beneficiaries hereunder or as to the authority of the Trustee to act or as to the existence or nonexistence of any fact or facts which constitute conditions precedent to action by the Trustee or which are in any other manner germane to the affairs of the Trust. Execution, delivery or recording of such certificate shall not be a condition precedent to the validity of any transaction of the Trust. SECTION THREE Beneficiaries �3.1 The term "Beneficiaries" shall mean the persons and entities listed as Beneficiaries in the Schedule of Beneficiaries and in such revised Schedules of Beneficiaries, from time to time hereafter executed and delivered as provided above and the respective interests of the Beneficiaries shall be as therein stated. 3.2 Decisions made and actions taken hereunder (including without limitation, amendment and termination of this Trust; appointment and removal of Trustees; directions and notices to Trustees; and execution of documents) shall be made or taken, as the case may be, by all of the Beneficiaries. 3.3 Any Trustee may without impropriety become a Beneficiary hereunder -2- BPs09880-0274 95-10-12 12,02 #051461 and exercise all rights of a Beneficiary with the same effect as though he or she or it were not a Trustee. The parties hereunder recognize that if a sole Trustee and a sole Beneficiary are one and the same person, legal and equitable title hereunder shall merge as a matter of law. SECTION POUR Powers of Trustee 4.1 The Trustee shall hold the principal of this Trust and receive the income therefrom for the benefit of the Beneficiaries, and shall pay over the principal and Income pursuant to the direction of all of the Beneficiaries and without such direction shall pay the income to the Beneficiaries in proportion to their respective interest. 4.2 Except as hereinafter provided in case of the termination of this Trust, the Trustee shall have no power to deal in or with the Trust Estate except as directed by all of the Beneficiaries. When, as,if and to the extent specifically directed by all of the Beneficiaries, the Trustee shall have the following powers: 4.2.1 to buy, sell, convey, assign, mortgage or otherwise dispose of all or any part of the Trust Estate and as landlord or tenant execute and deliver leases and subleases; 4.2.2 to execute and deliver notes for borrowing for the Beneficiaries; 4.2.3to grant easements or acquire rights or easements and enter into agreements and arrangements with respect to the Trust Estate; 414to endorse and deposit checks in an account for the benefit of the Beneficiaries; 4.2.5but the Trustee shall have no authority to maintain bank accounts in the name of the Trust or Trustee but may maintain bank accounts in the name of the Beneficiaries. In the event of a violation of this subparagraph, the Trustee shall indemnify and save harmless the Beneficiaries from any liability resulting therefrom, including taxes and accounting expenses. Any and all instruments executed pursuant to such direction may create obligations extending over any periods of time, including periods extending beyond the date of any possible termination of the Trust. A direction to the Trustee by the Beneficiaries may be by a Durable Power of Attorney. -3- f BP,09880-0275 95-10--12 12,02 #051461 4.3 Notwithstanding any provisions contained herein, no Trustee shall be required to take any action which will, in the opinion of such Trustee, involve the Trustee in any personal liability unless first satisfactorily indemnified, 4.4 All persons extending credit to, contracting with or having any claim against the Trustee shall look only to the funds and property of this Trust for payment of any contract,or claim,or for the payment of any debt, damage, judgment, or decree, or for any money that may otherwise become due or payable to them from the Trustee, so that neither the Trustee nor the Beneficiaries shall be personally liable therefor. If any Trustee shall at any time for any reason (other than for willful breach of trust)be held to be under any personal liability as such Trustee, then such Trustee shall be held harmless and indemnified by the Beneficiaries, Jointly and severally, against all loss,costs,damage,or expense by reason of such liability. SECTION FIVE Termination 5.1 This Trust may be terminated at any time by notice in writing from all of the Beneficiaries, provided that such termination shall be effective only when a certificate thereof signed by the Trustee, shall be recorded with the Registry of Deeds. Notwithstanding any other provision of this Declaration of Trust, and consistent with the intention of the undersigned that this trust not violate the Rule Against Perpetuities, this Trust shall terminate in any event Twenty (20) years from the date of the death of the last surviving Trustee of the original Trustees named in this instrument. 5.2 In the case of any termination of the Trust, the Trustee shall transfer and convey the specific assets constituting the Trust Estate, subject to any leases, mortgages, contracts or other encumbrances on the Trust Estate, to the Beneficiaries as tenants in common in proportion to their respective interests hereunder�or as otherwise directed by all of the Beneficiaries, provided, however, the Trustee may retain such portion thereof as is in the Trustee's opinion necessary to discharge any expense or liability, determined or contingent, of the Trust. SECTION SIX Amendments 6.1 This Declaration of Trust may be amended from time to time by an instrument in writing signed by all of the Beneficiaries and delivered to the Trustee,. -4- BP,09880-0276 95-10-12 12,02 #051461 provided in each case that the amendment shall not become effective until the instrument of amendment or a certificate setting forth the terms of such amendment, signed by the Trustee, is recorded with the Registry of Deeds. SECTION SEVEN Resignation and Successor Trustee 7.1' Any Trustee hereunder may resign at any time by an instrument in writing signed and acknowledged by such Trustee and delivered to all remaining Trustees and to each Beneficiary. Such resignation shall take effect on the later of the date specified therein or the date of the recording of such instrument with the Registry of Deeds. 7.2 Succeeding or additional Trustees may be appointed or any Trustee may be removed by an instrument or instruments in writing signed by all of the Beneficiaries, provided In each case that a certificate signed by any Trustee naming the Trustee or Trustees appointed or removed and, In the case of an appointment, the acceptance in writing by the Trustee or Trustees appointed, shall be recorded in the Registry of Deeds. Upon the recording of such instrument, the legal title to the Trust Estate shall, without the necessity of any conveyance, be vested in said succeeding or additional Trustee or Trustees, with all the rights, powers, authority and privileges as if named as an original Trustee hereunder. 7.3 In the event that there is no Trustee, either through the death or resignation of a sole Trustee without prior appointment of a successor Trustee or for any other cause, a person purporting to be a successor Trustee hereunder may record in the Registry of Deeds an affidavit, under pains and penalties of perjury,stating that he or she has been appointed by all of the Beneficiaries a successor Trustee. Such affidavit when recorded together with an attorney's certificate under M.G.L. Chapter 183 Section 5B, stating that such attorney has knowledge of the affairs of the Trust and that the person signing the.affidavit has been appointed a Trustee by all of the Beneficiaries, shall have the same force and effect as if the certificate of a Trustee or Trustees required or permitted hereunder has been recorded and persons dealing with the Trust or Trust Estate may always rely without further inquiry upon such an affidavit as so executed and recorded as to the matters stated herein. SECTION EIGHT Governing Law 8.1 This Declaration of Trust shall be construed in accordance with the laws of the Commonwealth of Massachusetts. r . BP'09880-0277 SS-10-12 12,02 #051461 SECTION NINE Registry of Deeds 9.1 The term "Registry of Deeds" shall mean the Registry of Deeds or Registry District of the Land Court for the district in the Commonwealth of Massachusetts in which the real estate which is the subject of this Trust is located, and in which this Declaration of Trust is recorded or registered. Executed as a sealed instrument this 16 day of - 1995. Peter F6Aulvey COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. /6----,1995 Then personally appeared the above named Peter F. Mulvey and acknowledged the foregoing instrument to be his freest and deed,before me, t Notary Public pfr�&<`-=-C- S lA My Commission Expires: -6- f BM9880-0278 9S-10-12 12,02 #OS1481 AIRPORT WAY NOMINEE TRUST RECEIPT OF SCHEDULE OF BENEFICIARIES I, the undersigned, hereby certify that I am the Trustee under said Declaration of Trui fund that the attached Schedule of Beneficiaries has been filed with me this day of_ rjc .i zs 3� # 1995. Z&V/ Peter E5*, ulvey BARNSTABLE REGISTRY OF DEEDS • j r w f.' � - C O J D. m L j m��'•m m C a' m rgwoz aceonm 3^am55F'3 $ m �' o � yW ' « m S m p O COO 0 0 3 0 m m C 03.9 ID W :p p "r m m m • O 7 0 - S a m g p a 'Im �3xmu►-am °° ° o`C $ m °' o � 3n m � "' vim o °, m o i5 Q m • a O m » 40 A 'b" O n m m 7 O N S O a m " O N C A QO� (e O o O j fA ~ =~Os O d A a T 0 a g O. db a S am > > o,� ��� � m m 2 Q0 - aim •� so $ �° • Z) 3 0 2 a m s m a o c � om • 4.0-< x -•o A m w m a $oa:� � cwco_ _aQon' me = 3nr R. a 5 m 3 3 m • '� as 9a.„ g cr Ir xe a�aoe � 2� cr to ge3s �g � mmo� are ° a A n2 3 gas a FL m � �— SA A A 1 2 3 230*4 m SIP °lw - L, I fir o c a a e ?Q • • ao �� $ �a Rr aAi g ; 33 =b w c S • �a a .•co go _ 3 q _ CL m _ CL 0. 89 CL � 2r- s mm3 g3e � I °' Q. m -Q �3i S "1�w � b � N a S 1il e Co o $ a c x g 3 3 � • mg S� m m � mc ® S' m + fil C) gi Nu V Vim' 1[i LJ/Mo r1CL 1U:AV kAA 011 Yii UJO4 11AKILWA1' J1A1,;M1T t'L`1Pl UM 1®l)08 . EPIC 11992 PG944 99GOP Executed as an Instrument under seal as of December 23,1ON. Peter P.Mul .as hates and not dually He eid s;%wordpfoc%zFuchs CNent ro"%p ymouthlC 6 I SUWWrW way 1 WauthorAW 12/23/96 WED 10:29 FAX 017 422 0363 $ARTLETP RACKM FEINDER ®009 • 13K 1 i 952 PiG3�S S96t.7� COMMONWEALTH OF MASSACHUSETTS ss. Date: 19 Then personally appeared the above-named Peter F.Mulvey,and acknowledged the foregoing Instrument to be his/her free act and deed,before me, Notary Public My Commisekut explres; I ` = J Ayr , �'�►, d ram. �,:` . ' 4h , BARNSTABLE REGISTRY OF IM Loop Up Print Page 1 of 3 . Owner Information-Map/Block/Lot: 312/008/H00-Use Code: 4010 Owner Owner Name MULVEY,PETER F TR Co-Owner Name C/O MACGREGOR, J BRUCE Property Address Owner Mailing Address 180 AIRPORT WAY 216 THORNTON DR Map/Block/LotHYANNIS, MA. 02601 312/008/H00 . Assessed Values 2011 -Map/Block/Lot: 312/008/H00-Use Code: 4010 2011 Appraised Value 2011 Assessed Value Past Comparisons Building $ 1,890,200 $ 1,890,200 Year Total Assessed Value: Value Extra $ 0 .$ 0 2010- $ 2,251,000 Features: Outbuildings: $ 79,200 $ 79,200 2009 - $2,105,200 Land Value: $ 234,300 $.234,300 2008 - $2,105,200 2007- $ 2,105,200 2011 Totals $ 2,203,700 $2,203,700 2006- $ 1,604,700 . Tax Information 2011 -Map/Block/Lot: 312/008/H00 -Use Code: 4010 Fire District Rates Town Residential Taxes Barn FD-All Classes $2.31 $8.05 Hyannis FD Tax C.O.M.M -All Classes $1.33 (Commercial) $ 7,139.99 Town Commercial Cotuit FD -All Classes $1.68 Community Preservation Act $481.29 Hyannis-Residential $2.04 Tax $7 28 Hyannis- Commercial $3.24 Town Tax(Commercial) $ W Barnstable- 16,042.94 $2.65 $ Residential 23,664.22 W Barnstable- $2.34 Commercial . Sales History-Map/Block/Lot: 312/008/H00-Use Code: 4010 History: Owner: ' Sale Date Book/Page: Sale Price: MULVEY, PETER F TR Oct 15 1995 12:OOAM 9880/270 $ 575,000 BARNSTABLE, TOWN OF (MUN) NONE $ 0 . Sketches -fMapBlock/Lot: 312/008/H00-Use Code: 4010 { http://www.town.bamstable.ma.us/Assessing/print.asp?searchparcel=312008HOO 9/29/2011 Loop Up Print Page 2 of 3 This property contains multiple sketches. Please use the navigation below the sketch to browse sketches. �a i ti E11 I Additional Sketches 1 1 2 Click Here for print version that displays all sketches at once As Built Cards:click card#to view: Card#1 . Constructions Details-Map/Block/Lot: 312/008/H00-Use Code: 4010 Building Details Land Building value $ 1,890,200 Bedrooms 00 USE CODE 4010 Total Improvements Value $904,036 Bathrooms 0 Full Lot Size(Acres) 11.3� Model Commercial Total Rooms Appraised Value $ 234 Style Office Bldg Heat Fuel Gas Assessed Value $23z Grade Average Heat Type Hot Air Year Built 1996 AC Type Central Effective depreciation 4 Interior Floors . Carpet Stories 2 Interior Walls Drywall Living Area sq/ft, 10,080 Exterior Walls Pre-finsh Metl Gross Area sq/ft 10,176 Roof Structure Gable/Hip Roof Cover Metal/Tin . Outbuildings &Extra Features-Map/Block/Lot: 312/008/H00-Use Code: 4010 Code Description Units/SQ ft Appraised Value Assessed Value PAV2 PAVING-CONC 161 $200 $ 200 FGPL Flagpole-25' 1 $ 1,900 $ 1,900 Halogen Light http://www.town.bamstable.ma.us/Assessing/print.asp?searchparcel=312008H00 9/29/2011 l - Loop Up Print Page 3 of 3 LTHL FIxture 6 $ 5,200 $ 5,200 SHD3 Shed-High Qua] 2574 $ 58,700 $ 58,700 PAV 1 PAVING- 13900 $ 13,200 $ 13,200 ASPHALT . Sketch Legend Property Sketch Legend Third Story Living Area AOF Office, (Average) FTS- (Finished) SFB Base, Semi-Finished BAS First Floor, Living Area FUS Second Story Living Area TQS Three Quarters Story (Finished) (Finished) BMT Basement Area GAR Garage UAT Attic Area (Unfinished) (Unfinished) CLP Loading Platform GRN Greenhouse UHS Half Story (Unfinished; CAN Canopy MZ1 Mezzanine,Unfinished UST Utility Area (Unfinishec FAT Attic Area (Finished) MZ2 Mezzanine, Semi-finished UTQ Three Quarters Story (Unfinished) FBM Finished Basement MZ3 Mezzanine, finished UUA Unfinished Utility Attic FCP Carport PAT Patio Outbuilding Listed UUS Full Upper 2nd Story (Unfinished) FEP Enclosed Porch PTO Patio WOK Wood Deck FHS Half Story (Finished) REF Reference Only WKO Wood Deck Outbuilding Listed FOP Open or Screened in SDA Store Display Area Porch http://www.town.bamstable.ma.us/Assessing/print.asp?searchparcel=312008H00 9/29/2011 r r Deval L.Patrick, Governor AM AM Anqk Aplak mom Timothy P.Murray,Lt.Governor Richard A.Davey,Secretary&CEO Massaetiusetts Department of haruportatlo I Christopher J.Willenborg,Administrator Aeronautics Division i September 14,2011 Mr.Dana Soderberg Shepley Wood Products 216 Thornton Drive Hyannis,MA 02601 RE: File No. 11-HYA-U0007-07i Solar Photovoltaic(PV) System Hyannis,Massachusetts Dear Mr. Soderberg: Enclosed is a copy of the final determination by the Massachusetts Department of Transportation (MassDOT) Aeronautics Division on your Request for Airspace Review of the above referenced proposal. The Aeronautics Division's assistance is offered pursuant to the aviation law requirements of the Commonwealth. Please note that although the proposal is not subject to further action required by the Aeronautics Division's laws or regulations,this office may offer additional continents after considering FAA's determination of its impact to a public use airport or NAVAID facility through the aeronautical study process. If you have any questions;.please feel free to contact me. Sincerely, Thomas F.Mahoney,P = Manager of Airport En p ring MassDOT-Aeronautics Division Phone: 617.412.3678 Email; thomas.mahoney@state.ma.us Enclosed: Airspace Review Form cc: R.Breaulti Airport Manager file Logan Office Center,One Harborside Drive,Suite 205N East Boston,MA 02128 Tel:6 1 7-4 1 23680,TDD:617-973-7306 Leading the Nation in Transportation Excellence VVwww.mass.gov/massdot d Massachusetts Department of Transportation_For Office Use only Airspace AERONAUTICS DIVISION O Analpls J We?—. 0 Comments Recoived "ee�aaQ REQUEST FOR AIRSPACE REVIEW �a AltportlQ Updated a MassDOT File No.: r 11-HYA-00007-07 I FAA File No.: (For reference only) Notice is required by 780 CMR(Code of Massachusetts Regulations)111.7,Hazards to Air Navigafi on.Pursuant to Massachusetts General Law(MGL)Chapter 90,Section 35B;the MassDOT Aeronautics Division agrees to perform an AIRSPACE ANALYSIS and render a determination for the project listed below. IMPORTANT:All shaded areas must be completed. Sponsor(include name,address, telephone number): Sponsor Representative(same data if applicable): Last Name - s,dru Fft Name last Name � Sdr. I rJmt Name Soderberg _ ___ _ I I Dana_ },j Hinkle I PhD i Luke Company Telephone f Company - Telephone { _ (774)336-3449 1 My Generation Energy 1(508)_694-6884 Address city Sate Z'iP Cade-1 Address :City State Zip Code + 1 216 Thornton Drive (Hyannis I MA`02601- 13 Diamonds Path Unit 2 j South Dennis ;MA'02660- Idsodgrberg@shepleywood.c! _,•� Luke@mygenerationenergy. j Project Description(please type or print clearly): Location.Height, Elevation Data: f—Solar Photovoltaic(PV)System Nearest City,State: i Hyannis `Airport Way Nominee Trust and My-Generation Energy,Inc.are Degrees Minutes Seconds proposing to install a 1.4 Mega Waft(MW)ground mounted solar Latitude 41 j 40 f 24.93 ; photovoltaic(PV)system at 180 Airport Way,Hyannis,MA. It Longitude 70 i 17 3.19_) will serve as a net metering facility with the electrical production ----�- serving the usage of its owners'varous facilities on Cape Cod. Datum NAD 83 NAD 27 'At the same site,a PV system will be installed on the roof of the d Site elevation above MSL(k): 42 msl 'former C81 Steel facilitiy. Together the energy produced will be Maximum height above ground(ft): 7 agl Maximum elevation above MSL(ft): 49 msl fit REQUIRED Attach 8112 x.11 inch map(e.EL USGS Quad S6et)'showing location of pra)ect'I Nearest Public-Use Aviation Facilite: Barnstable Municipal Airport Print or type,below,the name of person filing t-tis request for review Signature Dale 9/1 2/201 1 DO NOT WRITE BELOW THIS LINE-FOR MAC OFFICE USE ONLY*"'""'A I-,I AIRSPACE ANALYSIS concludes the following: Closest Runway: Distance from RW end '� ` Offset from RW CL: � 2� Left Right Q Project violates MGL Ch.90,35B by fL ,[Runway Horizontal Plane-3,000'x 2 Statute Miles,150'above RW] Q Project violates MGL Ch.90,X-B by ft. [Runway Approach Plane-3,000'x 3,000'@ 20:1 slope] 0 Project violates 702 CMR,5.0311 Xa)by ft. [Runway Approach Plane I Land-500'x 10,000'@ 20:1 slope] Project violates 702 CMR,5.031 2)(a)by ft [Runway Approach Plane I Water-500'x 10,000'@ 20:1 slope] Project does not violate Aeronautics Division Airspace Laws or Regs. DETERMINATION: ❑ Permit is required'pursuant to MGL Ch.90,35B,for: d Runway Horizontal Plane E� Runway Approach Plane Sponsor must submit a separate written request for an Airspace Permit.Request should be addressed to MassDOT-Aeronautics Division,One Harborside Or,Suite 205N,East Boston MA 02128-2909. [Permit is not required pursuant to MGL Ch.90,35B r] No violations of Laws or Regs. f- Ch.90 violation=30'agl Additional concerns: —--- ------ --- -- — — �--- -- Q FAA Standards M Noise r Traffic Pattern 7 I Wildlife j VFR Route 0 Other This determination is based on the foregoing description of the proposed project including the location,height and elevation data provided bt the Sponsor.Any changes in the data provided to the Aeronautics Division from that which is shown herein will render this determination null and void and will necessitate a new request for review. MassDOT-Aero: 441 Date Form E-10 Last revised 12/2009 10 Mail Processing Center Aeronautical Study No. Federal Aviation Administration 2011-ANE-1757-OE Southwest Regional Office Obstruction Evaluation Group 2601 Meacham Boulevard Fort Worth,TX 76137 Issued Date: 10/28/2011 Dana Soderberg Airport Way Nominee Trust 216 Thornton Drive Hyannis,MA 02660 **DETERMINATION OF NO HAZARD TO AIR NAVIGATION** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations,part 77,concerning: Structure: Solar Panel(Solar Array) Location: Barnstable,MA Latitude: 41-40-22.61N NAD 83 Longitude: 70-17-06.46W Heights: 42 feet site elevation(SE) 7 feet above ground level(AGL) 49 feet above mean sea level(AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any,is(are)met: It is required that FAA Form 7460-2,Notice of Actual Construction or Alteration,be completed and returned to this office any time the project is abandoned or: At least 10 days prior to start of construction(7460-2,Part I) X Within 5 days after the construction reaches its greatest height(7460-2,Part H) Based on this evaluation,marking and lighting are not necessary for aviation safety.However,if marking/ lighting are accomplished on a voluntary basis,we recommend it be installed and maintained in accordance k with FAA Advisory circular 70/7460-1 K Change 2. This determination expires on 04/28/2013 unless: j (a) extended,revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC)and an application for a construction permit has been filed,as required by the FCC,within 6 months of the date of this determination.In such case,the determination expires on the date prescribed by the FCC for completion of construction,or the date the FCC denies the application. NOTE:REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE.AFTER RE-EVALUATION Pagel of 3 I C OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED,YOUR DETERMINATION MAY BE. ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based,in part,on the foregoing description which includes specific coordinates ,heights, frequency(ies) and power.Any changes in coordinates,heights,and frequencies or use of greater power will void this determination.Any future construction or alteration,including increase to heights,power, or the addition of other transmitters,requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes,derricks,etc.,which may be used during actual construction of the structure. However,this equipment shall not exceed the overall heights as indicated above.Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. Any failure or malfunction that lasts more than thirty(30)minutes and affects a top light or flashing obstruction light,regardless of its position, should be reported immediately to(877)487-6867 so a Notice to Airmen (NOTAM)can be issued. As soon as the normal operation is restored,notify the same number. If we can be of further assistance,please contact our office at(816) 329-2528.On any future correspondence concerning this matter,please refer to Aeronautical Study Number 2011-ANE-175 7-OE. Signature Control No: 150183510-152749410 (DNE) Cindy Whitten Specialist Attachment(s) Map(s) Page 2 of 3 `A Deval L Patrick,Governor c Timothy P.Murray,Lt.Governor 0 T Richard A.Davey,Secretary&CEO Christopher J.Willenborg,Administrator &tassachusetts Department of Tramportadon Aeronautics Division September 14,2011 Mr.Dana Soderberg Shepley Wood Products 216 Thornton Drive Hyannis,MA 02601 RE: File No. 11-HYA-U0007-07, Solar Photovoltaic(PV) System Hyannis,Massachusetts Dear Mr. Soderberg: Enclosed is a copy of the final determination by the Massachusetts Department of Transportation' (MassDOT) Aeronautics Division on your Request for Airspace Review of the above referenced proposal. The Aeronautics Division's assistance is offered pursuant to the aviation law requirements of the Commonwealth. Please note that although the proposal is not subject to further action required by the Aeronautics Division's laws or regulations,this office may offer additional comments after considering FAA's determination of its impact to a public use airport or NAVAID facility through the aeronautical study process. If you have any questions,please feel free to contact me. Sincerely, Thomas F.Mahoney,P Manager of Airport En ring MassDOT-Aeronautics Division Phone: 617.412.3678 Email: thomas.mahoney@state.ma.us Enclosed: Airspace Review Form cc: R.Breault, Airport Manager file Logan Office Center,One Harborside Drive,Suite 205N East Boston,MA 02128 Tel:617-4123680,TDD:617-973-7306 Leading the Nation in Transportation Excellence UCw.mass.gov/massdot Commonwealth of Massachusetts Division o isheffies & wildlife MassWi/d/ife Wayne F.MacCallum,Director August 31,2011. Luke Hinkle My Generation Energy,Inc. 3 Diamond Path,Unit 2 Dennis MA 02660 RE` Project Location: 180 Airport Way,Barnstable Project Description: Solar Array/Photovoltaic(PV)facility NHESP File No.: 11-29791 Dear Applicant: Thank you for submitting the MESA Project Review Checklist,site plans(dated 07/29/2011) and other required materials to the Natural Heritage and Endangered Species Program (NHESP) of the MA Division of Fisheries & Wildlife for review pursuant to the Massachusetts Endangered Species Act (MESA)(MGL c.131A)and its implementing regulations(321 CMR 10.00). Based on a review of the information that was provided and the information that is currently contained in our database, the NHESP has determined that this project, as currently proposed, will not result in a prohibited "take" of state-listed rare species. This determination is a final decision of the Division of Fisheries&Wildlife pursuant to 321 CMR 1.0.18. Any changes to the proposed project or any additional work beyond that shown on the site plans may require an additional filing with the NHESP pursuant to the MESA. This project may be subject to further review if no physical work is commenced within five years from the date of issuance of this determination,or if there is a change to the project. Please note that this determination addresses only the matter of state-listed species and their habitats. If you have any questions regarding this letter please contact Amy Coman-Hoenig, Endangered Species Review Assistant,at(508)389-6364. Sincerely, Thomas W.French,Ph.D. Assistant Director cc: Brian Madden,LEC Environmental Consultants,Inc-Plymouth Airport Way Nominee Trust www.masswildlife.org Division of Fisheries and Wildlife Field Headquarters,North Drive,Westborough,MA 01581 (508)389-6300 Fax(508)389-7891 An Agency of the Department ofFisn and Game Appendix G MESA Project Review E1 EC rRIC CA S EXPEDITED/STANDARD PROCESS INTERCONNECTION APPLICATION Rate Prepared: 9-1- a2©!1 Contact Information: Legal Name and address of Interconnecting Customer applicant(or,1if an Individual,Individual's Name) Company Name: irAE�r l r.� ii Nk.,;v,ea%�JContact Person: yuya aL Mailing Address: City: /f� G�d�sS State: Zip Code: Telephone(Daytime): 77y ,?,3 (Evening): Facsimile Number: N y o(L E-Mail Address: -T- Alternative Contact Information(if different from Applicant) Name: /� Ca e-`7 L r- e vt vi Cary a'V _Zyz L Mailing Address: 3 `) /a lit ak)t �' City: �O u T ti L)z y2 n I S State: Zip Code: C Telephone(Daytime): 5-08-6 i '--16� (Evening): 4/e- t> Facsimile Number: /U,9 0C E-Mail Address: la CC- y 4g- ifyI i,V i• C 4`n'' Ownership(include%ownership by any electric utility): pd)a^i 1,.&V Ors i/I e e %anus Confidentiality Statement: "I agree to allow information regarding the processing of my application (without my name and address)to be reviewed by the Massachusetts DG Collaborative that is exploring ways to further expedite future interconnections."Yes-ZNo_ Generating Facility Information Location(if different from above): �'f' 14; R f�-i �L'�� �,/���'7 rS, �j� C`1,c 0� Electric Service Company: A/5 7,4 C, Account Number(if available): szr'vrc e Ac' Type of Generating Unit: Synchronous Induction�j Inverter Manufacturer Model: r"> �� 7 y Nameplate Rating:/1,23 (kVAR) (Volts) Single or 3 Phase System Total Design Capacity: /) -3 V o�(KW"DCs-rc) (kVA) Prime Mover:Fuel Cell_Recip Engine_Gas Turb_Steam Turb_Microturbine PV1X Other— Energy Source:Solar Wind Hydro_Diesel_Natural Gas Fuel Oil_Other IEEE 1547.1 (UL 1741) Yes-No Need an air quality permit from DEP?Yes_No Not Sure If"yes",have you applied for it?Yes No Is there other electrical work being done in the facility? Yes_ No Revised November 24,2009 Page 2 of 6 Expedited/Standard Interconnection Application . �. EL EC rR l C Planning to Export Power?YYcs R No A Cogeneration Facility?Yes No Anticipated Export Power Purchaser: Export Form?Simultaneous Purchase/Sale_Net Purchase/Sale Net Metering,�C Other _ S:;Fec1ty) i Est.Install Date: jo, atl1� Est.In-Service Date: 5 1 2 r� 1 Agreement Needed By: i 1/1 1LOi 1 Aaniication Process I hereby certify that,to the best of my kn ledg ,all of the information provided in this application is true: ` C,Ul cz ' ►�' Interconnecting Customer Signatu�ea.` � Title: �� , Date: The information provided in this Lap lication is complete: Company Signature: Title: Date: Generating Facility Technical Detail List components of the generating facility that are currently certified and/or listed to national standards Equipment Type Manufacturer Model National Standard { 1. 1�Yt� e if��Fwt I;id�r}Z' �n�ic Sc ✓1C° )f M-il�V 977 t/ i.(L17y/ 2. T z E'EE i->q? 3. 5. 6. i Total Number of Generating Units in Facility? Generator Unit Power Factor Rating:0- 5�OY / Max Adjustable Leading Power Factor? AI//� Max Adjustable Lagging Power Factor? Generator Characteristic Data(for all inverter-based machines) Max Design Fault Contribution Current? Instantaneous or RMS? Harmonics Characteristics: 17 2) 3 7S Start-up power requirements:_ Generator Characteristic Data(for all rotating machines) Rotating"Frequency: (rpm) Neutral Grounding Resistor(If Applicable): _ Additional Information for Synchronous Generating Units Synchronous Reactance,Xd: (PU) Transient Reactance,X'd: (PU) Subtransient Reactance,X"d: (PU) Neg Sequence Reactance,X2: (PU) Zero Sequence Reactance,Xo: (PU) KVA Base: Field Voltage: (Volts) Field Current: (Amps) Revised e sed November 24,2009 Page 3 of 6 Expedited/Standard Interconnection Application b F I��.] EL EC T/9!C OA S Additional information for Induction Ggrierating Units Rotor Resistance,Rr.- Stator Resistance,Rs: Rotor Reactance,Xr. Stator Reactance,Xs: Magnetizing Reactance,Xm: Short Circuit Reactance,Xd": Exciting Current: Temperature Rise: Frame Size: Total Rotating Inertia,H: Per Unit on KVA Base: Reactive Power Required In Vars(No Load): Reactive Power Required In Vars(Full Load): Additional information for Induction Generative Units that are started by motoring Motoring Power: (KW) Design Letter: Interconnection Equipment Technical Detail v Willa transformer be used between the generator and the point of interconnection? Yes /t No Will the transformer be provided by.Interconnecting Customer? Yes4 No Transformer Data(if applicable for Interconnecting Customer-Owned Transformer): Nameplate Rating: (kVA) Single_or Three Phase Transformer Impedance:`"s (6)on a `'`' KVA Base If Three Phase: Transformer Primary: (Volts) _Delta Wye _Wye Grounded Other Transformer Secondary: 1180 (Volts) Delta Wye Wye Grounded X Other Transformer Fuse Data(if applicable for Interconnecting Customer-Owned Fuse): (Attach copy of fuse manufacturer's Minimum Melt&Total Clearing Time-Current Curves) Manufacturer: I � Type: Size: Speed: Interconnecting Circuit Breaker(if applicable): Manufacturer: 1 0 f Type: Load Rating: Interrupting Rating: Trip Speed: (Amps) (Amps) (Cycles) Interconnection Protective Relays(if applicable): (If microprocessor-controlled) List of Functions and Adjustable Setpoints for the protective equipment or software: Setpoint Function Minimum Maximum 1. 2. 4, 5_ 6. Revised November 24,2009 Page 4 of 6 Expedited/Standard Interconnection Application - I pus TAP? El EC rRIC GA S (if discrete components) (Enclose copy of any proposed Time-Overcurrent Coordination Curves) Manufacturer: 'I'ype: Style/Catalog No.: Proposed Setting: Manufacturer: Type: Style/CatalogNo.: Proposed Setting: Manufacturer: Type: Style/Catalog No.: Proposed Setting: Manufacturer: Type: Style/Catalog No.: Proposed Setting: Manufacturer: Type: Style/CatalogNo.: Proposed Setting: Manufacturer: Type: Style/Catalog No.: Proposed Setting: Current Transformer Data(if applicable): (Enclose copy of Manufacturer's Excitation&Ratio Correction Curves) .Manufacturer: Type: Accuracy:Class: Proposed Ratio Connection: Manufacturer. Type: Accuracy'Class: Proposed Ratio Connection: Potential Transformer Data(if applicable): Manufacturer: Type: Accuracy,Class: Proposed Ratio Connection: Manufacturer: Type: Accuracy;Class: Proposed Ratio Connection: F General Technical Detail Enclose 3 copies of site electrical One-Line Diagram showing the configuration of all generating facility equipment,current and potential circuits,and protection and control schemes with an Electrical registered professional engineer(PE)stamp in the state of Massachusetts. i .Enclose 3 copies of any applicable site documentation that indicates the precise physical location of the proposed generating facility(e.g_,USGS topographic map or other diagram or documentation). Proposed Location of Protective Interface Equipment on Property: (Include Address if Different from Ap Iication Ad ress) DjScotlilec-l-' 5cvifcLl ���c:k.><�'c GAS on /Lle Cz11<Cke-C1 Enclose copy of any applicable site documentation that describes and details the operation of the protection and control schemes. Enclose copies of applicable schematic drawings for all protection and control circuits,relay current circuits,relay potential circuits,and alarm/monitoring circuits(if applicable). Please enclose any other information pertinent to this installation. Revised November 24,2009 Page 5 of 6 Expedited/Standard Interconnection Application Additional Equipment: Generator: KW: Phase: Purpose: Motor(S) : Total#: Largest HP: Phase: Locked Rotor AMP: Type of Starting Compensation (choose one): Hard Soft Capacitor VFD *See Article 802 of NSTAR Information and Requirements Book for Maximum LR current and Three Phase Protection Contact Name(circle appropriate): Customer/Contractor/Consultant: Luke Hinkle, My Generation Energy, Inc. Street Address: 3 Diamonds Path Unit 2 City, State, Zip: South Dennis MA 02660 Telephone: 508-237-4650 Best Time to Call: Day Pager: N/A Fax: N/A Cell: Same Electrician: Alex Kuharenka License Number: 20711-A Business Name: Coastal Light Electric,Inc. Street Address: 564 West Yarmouth Road City, State, Zip: West Yarmouth MA 02673 Telephone: 508-274-9981 Best Time to Call: Day Pager: N/A Fax: N/A Cell Same Please note that by Interconnecting with NSTAR's Distribution System the Customer of Record acknowledges that they have reviewed and are in compliance with the NSTAR Information & Requirements for Electric Service (Red Book). For New Commercial Services, New Residential Developments, New 13.8 kv Two Line Station Electric Service, please provide (2) copies of City/Town approved site plans that illustrates the new facility location and the proposed location of the new utilities(electric, gas,water, sewer, telecommunications)and a One-Line Diagram. For Service Increases at existing facilities, please submit a One-Line Diagram if available. For New Residential Services where a pole must be set, please provide(2)copies of a site plan that illustrates the proposed location of the new facilities. For Temporary Service Requests, please provide(2)copies of a site plan illustrating service location. You may Fax this Form or mail any additional correspondence to: NSTAR Electric and Gas 1 NSTAR Way Westwood, MA, 02090 Tel: (888)633-3797 Fax: (781)441-8721 FOR NSTAR USE ONLY NSTAR Revenue Allowance: NSTAR Rate: KVA or KW rating of Existing Loads(if applicable): Existing Winter Peak Demand: Month/Date/Year: Existing Summer Peak Demand: Month/Date/Year: EL EC rRiC NSTAR Electric - Work Order Application Customer Request In-Service Date: 12-1-2011 NSTAR WO Received Date, Service Address:. Street: 180 Airport Way Suite: Town: Hyannis Zip: 02601 Customer Of Record.- Customer Responsible for Payment of Monthly Electric Bills Name to appear on Monthly Bill: Airport Wav Nominee Trust j DBA—C/O Name_ Billing Address: 216 Thornton Drive, Hyannis, MA 02601 Telephone: 508-862-6200 Tax ID Number: 30-6029706 Existing Account or Meter Number(if applicable): Property Owner Name (if different from above): Owner Address.- Owner Phone Number: Party Responsible for Construction costs associated with work order(if different from above) Name: My Generation Energy Inc. Address: 3 Diamond Path Unit 2 South Dennis MA 02660 Phone Number: 508-237-4650 Please Note that Articles of Incorporation are required for new commercial NSTAR Customers Type of Service Requested: (Circle Appropriate) New�Servi a Service Upgrade Service Relocation Temporary Service Pole Relocation Disconnect/Reconnect Service Removal Metering Only OH Service from Pole, Pole#: UG Service from; Riser-Pole#: Padmount# : Customer Loading Brief Description of Work New service at this property for a 480V Type of Load New Connected Load in KVA three phase 2000A Solar PV system. Suitable Single Phase Three Phase for net metering peak backfeed current of Lighting 1900A. Electric heat Air Conditioning Refrigeration Cooking Electric Dryer Water Heater Computer Process Equip. MotorslElevators Miscellaneous 1382.4 Totals 1382.4 Number of Meters Required: Residential: Commercial: 1 Public: Main Switch Voltage: Amperage: 2000 Phase: Service Voltage: Amperage Phase: Facility Type(ie: school, hospital): New Building Square Feet: Please fill out attached M-13 form for meter designation_ Appendix F NSTAR Application My Generation Energy Quarterly Inspection Checklist PV Installation at 180 Airport Way, Hyannis, MA 02601 Date By ❑ Gate and access is in good condition 1 ❑ Perimeter fence is in good condition ❑ Stormwater basin is free of debris o Grates, catch basins, and gate valves in good condition ❑ Vegetation in buffer area is maintained, not impeding solar access ❑ Switch gear is operational and in good condition ❑ Monitoring equipment area is in good condition ❑ Main Combiner Panel is in good condition ❑ Sub-array structures are in good condition (mechanical, corrosion, grounding) ❑ Sub-array cabling/connectors are in good condition (UV exposure, physical damage) ❑ Sub-array combiner panels are in good condition ❑ Panels are in good condition (mechanical, cleanliness, corrosion) ❑ Inverters are in good condition (indicator lights, corrosion) Notes: 2 ',aKXtN,:S::. „w; ,�� _. My Generation Energy,Inc. � �� www.MyGenerationEneMy.com Operation and Maintenance Plan Regarding: Ground Mount Solar PV Site at 180 Airport Way, Hyannis, MA Date: August 26, 2011 Background i My Generation Energy, Inc. is proposing to install a 1.4 Mega Watt(MW) ground mounted solar photovoltaic system at 180 Airport Way, Hyannis, MA. It will serve as a net metering facility with the electrical production serving the usage of its owners' various facilities on Cape Cod. At the same site, a PV system will be installed on the roof of the former C&I Steel facility. System Monitoring The system will be continuously monitored through a web-based monitoring service. This service allows the contractor to monitor the performance of a system down to a single module/micro-inverter. If a problem occurs, the website will automatically contact the contractor via email. In addition, the contractor monitors the website daily for potential problems. If problems are identified by this remote monitoring, then repairs/service will be performed as necessary. Preventive Maintenance Quarterly inspection of all electrical components (including system disconnects), modules, and module racking will be performed. The site fence will be inspected to ensure access to the system is restricted. Stormwater will tie controlled through the installation of a drainage basins and the planting of native vegetation. The site will be inspected for soil erosion each quarter. Repairs will be made to the system as necessary. Vegetation control within the array footprint will 6e maintained by mechanical means (brush-hog mowing). Module Cleaning/Snow Removal If the modules are noticeably fouled during inspection or system performance has decreased based on remote monitoring, then cleaning may be required. The need for module cleaning will be determined based on the loss of thel efficiency of the system and professional judgment. The modules will be angled at approximately 250 angle and are designed to shed snow. Thus snow removal is not anticipated. Appendix E Operation and Maintenance Plan i 3 PROJECT: LOCATION: 00 C300 DATE: 06/12/11 00 SUBJECT: Pile Reactions UN,IRAI ARRAY TYPE: EXTERIOR 4X6 BY: DD L4 L8 P2 GEOMETRY U>= 25. DEG H 1 = 2.00 FT. AL H2= 3.19 FT. L5 I H3= 6.35 FT. 1 H4= 7.54 FT. L4 L1 = 2.55 FT. 1 i H3 L2= 5.84 FT. H4 1 6.35 FT. L3= .93 FT. L4= 2.82 FT. L5= 7.47 FT. P1 I L6= 2.49 FT. H2 L7= 2.55 FT. H1 i 3.19 FT. L8= 13.1 FT. 2.FT_ 2L4+L5= 13.1 FT. (H2+H3)/2 4.77 FT. GROUND SURFACE MAX DEFLECTION 8"WIDE I ALLOW H3/48 @ P2 FLANGE MAX 3= 1.59 IN. COLUM WITH 4^FLANGE I i MAXIMUM REACTIONS(ASD) (REACTIONS ARE FOR 1 PILE) L6 MOMENT AXIAL SHEAR 2_49 FT. (FT-KIP) (KIP) (KIP) u biL2 i L7 10.95 4.39 0.00 2.55 FT. 5.84 FT. I 2.55 FT. 8.62 2.33 0.59 93 FT10 �L_37 3.72 1.14 0.19 11.87 FT. 13.36 4.51 0.44 9.68 3.62 0.14 3.81 -0.54 0.52 2.51 0.65 0.19 TOTAL ARRAY AREA: 424.6 SQ. FT. 14.83 5.77 0.09 AREA TO ONE COL: 212.3 SQ. FT. 5.31 1 1.95 0.09 MAX: 14.83 1 5.77 0.59 NOTE:P1=P2,EACH RXN BELOW=P1+P2) MIN: 2.51 1 -0.54 0.00 7-05 DEAD WIND SNOW ICE WIND ON ICE SEISMIC 2.4.1 VERT VERT HORZ VERT VERT VERT HORZ VERT HORZ 2.4.3 1.06 1.27 0. 9 3.33 1.98 0.29 0.13 0.11 0.26 D+S 3 1.06 3.33 D+W 5a 1.06 1.27 0.59 D+.7E 5b 1.06 1 0.08 0.19 D+.75W+.75S 6a 1.06 0.95 0.44 2.50 D+.525E+.75S 6b 1.06 2.50 0.06 0.14 .6D+W 7 0.57 -1.11 0.52 .6D+.7E 8 0.57 0.08 0.19 D+.7(DiWi)+S 2 1.06 3.33 1.18 0.20 0.09 .6D+.7Di+.7Wi 3 1 0.57 1.18 0.20 0.09 -Preliminary n y NU I t-UK UUkti I Kuu I 1UN! - PAGE 10 MICROINVERTER TECHNICAL DATA Input Data (DC) M21560-2LL-522/523 M21560 2LL-S22-NA/523-NA(Ontario)` Recommended maximum input power(STC) 260W Maximum input DC voltage 45V Peak power tracking range 22V—36V Operating range 16V—36V MinJMax.start voltage 26.4V/45V Max.DC short circuit current 15A Max.input current 16.5A Output Data (AQ @208 Vac @240 Vac Maximum output power 215W 215W Nominal output current 1.0 A* 0.9 A* Nominal voltage/range 208V/183V-229V 240V/211 V--264V Extended voltagelrange 208V/179V-232V 240V/206V-269V Nominal frequency/range 60.0/593-60.5 60.0/593-60.5 Extended frequency/range 60.0/59.2-60.6 60.0/59.2-60.6 Power factor >0.95 >0.95 Maximum units per 20A branch circuit 26(three phase) 17(single phase) Maximum output fault current 1.05 Arms,over 3 cycles;25.2 Apeak,1.74ms duration *Arms at nominal voltage Efficiency CEC weighted efficiency 96.0% Peak inverter efficiency 96.3% Static MPPT efficiency(weighted,reference EN 50530) 99.8% Dynamic MPPT efficiency(fast irradiation changes,reference EN 50530) 99.9% Nighttime power consumption 46mW Mechanical Data Operating temperature range -400C to+650C Dimensions(WxHxD) 17.3 cm x 16A cm x 2.5 cm(6.8"x 6A5"x 1.0')* Weight 1.6 kg(3.5 lbs) Cooling Natural convection—no fans Enclosure environmental rating Outdoor—NEMA 6 without mounting bracket Features Compatibility Pairs with most 60-cell PV modules Communication Power line Warranty 25 years,limited Compliance UL7741/IEEE1547,FCC Part 15 Class B CAN/CSA-C22.2 NO.0-M91,0.4-04,and 107.1-01 Enphase Energy, Inc. 201 1st Street,Petaluma,CA 94952 877 797 4743 www.enphase.com ®Printed on 100 percent recycled paper. ENPHASE MICROINVERTER M215 G }1i G s The Enphase Energy Microinverter System improves energy harvest, increases reliability, and dramatically simplifies design, installation and management of solar power systems. The Enphase System includes the microinverter, the Envoy Communications Gateway, and Enlighten, Enphase's monitoring and analysis website. - Maximum energy production PRODUCTIVE - Resilient to dust, debris and shading - Performance monitoring per module R E L I A B L E - System availability greater than 99.8% - No single point of system failure SMART -Quick & simple design, installation and management - 24/7 monitoring and analysis s A F E - Low voltage DC - Reduced fire risk " c us 24-0 WATT NU-U240F.2 NEC 2008 Compliant Module output cables:12 AWG PV Wire ELECTRICAL CHARACTERISTICS DIMENSIONS Maximum. ower(Pmax)' 7.40W BACK VIEW SIDE VIEW D _ Tolerance of Pmax +1C.'e/S°ti �` — A —'i� Type•f Cell Monocrysaliine silicon O O E Cell Configuration 60 in series D Open Circuit Voltage(Voc) 37.4 V Tn is Maximum Power Voltage(Vprn) 301 V port Circuit Current(Isc) 8.65 A - Maximum Power Current(Ipiri) 798 A Module Efficiency,(%) - 14.7% (fl) Maximum Systel-6(OC)'sroltage', -_-- E00 V - ,;:.. e Series Fuse Rating _ 15A. b!OCT 475'C Teml.-,eiature Coefficient(Prriax) -. -0.485%/'C. lq IDo.as•�snun Ternperatm-A&Coefficient(Voc) -0.351%%'C Temperature Coefficient.(Isc) 0053%/C (s>eo.z,•rs., D `Illumination of i k%Pf/m'(1 sun)at spectral dis:riUtrtio i of AM 1.5(ASTM.5892 E O O global spectral irradiance;at a Cell temperature of25'C. F ,I I_e . ...... ... .:.. A B C D E MECHANICAL CHARACTERISTICS 3 1,ssgn,:a ee,6,1640mm_ ts'y46mm 14.4^13165mm s.9"/100mm Dimensions to x B x C beto�v) 39 . 64.6a x 1s-/e94 x 1640 x-46 mre- F G CableLength.(G) 43.3'/1166mm 3Z7"/95smm 43.3'/11.00mm Output Interconnect Cable" 12 AWG with MC4 Locking.Connector _ Contact Sharp for tolerance specifications Weight 41.9 lbs J 19.0,kg Max Load - 50 psf.(2400 Pascals)* Operating.Temperature(cetl) -40 to 1941F/-40 to90.'C `^A Safety toc:;clip(Multi contact part number PV-SSH4)may be r=quirad in readily accessible locations per NEC 2008 690.33.(C) PV Wire per UL Subject 4703 QUALIFICATIONS _ UL:Listed �UL 1703 .V� Fire Rating Class C i'��='u$ Sharp solar modules are manufactured in the United States and Japan,and qualify as "American"goods WARRANTY under the"Buy American"clause of the American ,--- 25-year limlted:warranty on power output Recovery and Reinvestment Act(APRA). Contact Sharp:foe complete warranty information Design and specifications are—hiect to change without notice. Sharp is a registered trademark of Sharp Corporation.All other trademarks are property of their respective ownars.Contact Sharp to obtain the latest product manuals before using any Sharp UeviGe.Cover Photo:Solar Installation by SPG Solar: SHA ELECTRONICS CORPORATIONnl^nL — M� 5901 Bolsa Avenue,Huntington Beach, A 92647 1-800-SOLAR-06-Email;sharpsolar@sharpusa.corn www.sharpusa.com/solar Q 2010 Sharp Electronics Corporation.All rights raserved. 101_-030•pG-t1-10 solar electricity 240 WATT Business Ieacf_rs install C;'cts modwtc to large c-orri-serciai applications, Uerl100";r6itrrig ftriancial astutenes*, MULTI-PURPOSE MODULE and environn-fpntat ste-wardsbip. NEC 2008 Compliant Q®ps ^�Bq ENGINEERINGig mne EXCELLENCE lIJ1 EIdI]i II[Il� High module efficiency for an outstanding balance of size and-weight to power and performance. DURABLE. Q Tempered glass,EV✓a lamination and UUUSSSJJJLLLJJI weatherproof backskin provide long-fife and enhanced cell performance. RELIABLE 25-year limited warranty on power output: u HIGH PERFORMANCE This module uses an advanced solar cell surface 3= texturing process to increase light absorption Fn and improve efficiency. ffU11000ILL 1NNOVATI`lE �u - 156 mm pseudo-square monocrystalline solar }u! cells provide high power output.Idea[for large commercial rooftops where space is a premium. NU-U240F2 MULTI-PURPOSE 240 WATT - MODULE FROM THE WORLD'S TRUSTED SOURCE FOR SOLAR. Using breakthrough technology; made possible by nearly 50 years of proprietary research and development,Sharp's NU-1-12401=2 solar module incorporates an advanced cell surface , texturing process to increase light absorption The NU-u24oF2 oifars improv?d Frame Techroiogy inC:USi:ry-leading perform nce and improve efficiency. Common applications for a variety of applicetions. F include commercial and residential grid-tied roof systems as well as ground mounted arrays. SHARP.,THE tvAME TO TRUST Designed to withstand many harsh operating when you choose Sharp,you get more than well-engineered products.You also get Sharp's conditions, this module offers high power proven reliability,outstanding customer service and output per square foot of solar array. the assurance of our 25-year limited warranty on power output.A global leader in solar electricity, Sharp powers more homes and businesses than any other so'armanufacturer worldv✓cle. BECOME POWERFUL Appendix D Major System Components f ® My Generation Energy,Inc. www.MyGenerationEne[gy.com Erosion Control Plan Regarding: Ground Mount Solar PV Site at 180 Airport Way, Hyannis, MA Date: August 5, 2011 The development and long term management of the Ground Mount Solar PV Array at 180 Airport Way requires planning and execution of erosion and storm water control tactics. This plan references the site layout document as drawn by Coastal Engineering Company dated July 27, 2011. Development and Construction Phase: To protect the recharge basins and other drainage areas at the site during the construction phase, a screening barrier formed with silt fence and hay bales will be installed. This will remain in place throughout the grading, installation, and commencement of the project. If there are specific locations where grading of the site introduces slopes.with greater than 20%grades, biodegradable geofabric will be used to mitigate erosion and storm water runoff. Operation Phase: The erosion control over the long term will be accomplished by seeding with an .approved native conservation mix, redistributing the existing vegetation and, as appropriate, planting of selected native species of coastal meadows ground cover. Periodic maintenance of the grounds will involve mechanical vegetation control (trimming) to ensure viable ground cover without allowing tall plant growth within the . Other naturally occurring species of low-growing vegetation, already at and around the site, will contribute to the long term erosion control. Appendix C Erosion Control Plan C16730 03 a My Generation Energy. 180 Airport Way. Barnstable, MA Project Description The proposed project involves the construction of a ground mounted solar array and associated sitework. The subject property has an area of 12.5+/-acres and fronts on Airport Way north of the Barnstable Municipal Airport. Under town of Barnstable Zoning By-Laws,the site is located in the Limited Industrial District and the Ground Mounted Solar Photovoltaic Overlay District.A portion of the site is also located in a Wellhead Protection District. Three commercial buildings that in the past housed the Cape and Islands Steel Company presently occupy the developed portion of the site.The proposed 4.4-acre solar photovoltaic array will be located on the easterly portion of the site.The solar photovoltaic facility will be constructed with 20 rows of arrays with a 13.5'separation between each row.Approximately 1.33 acres of the proposed development footprint is presently disturbed area.The remaining area of the development is presently upland forest. Existing topsoil will be stockpiled and used for final grading.The areas disturbed by grading and the area of the proposed photovoltaic facility, including the area under the arrays,will be vegetated with a native seed mixes planted in the topsoil removed prior to site grading. Existing seeds and roots in the topsoil will supplement the seed mixes. Stormwater Calculations Summary Stormwater system design was based on a National Resource Conservation Service(NRCS), 25-year, 24 hour storm event. Calculations were performed with Hydraflow Hydographs 2007, Ver. 9.2 software by Intellisolve. The western portion of the area to be developed presently receives uncontrolled stormwater runoff from approximately2.5 acres of the developed site.The proposed stormwater measures include the installation of three deep sump catch basins with oil/water separation capabilities that will discharge to a stormwater recharge basin for recharge.The discharge pipe from each catch basin will be fitted with a gate valve in order to allow the isolation of the catch basin in the event of a spill of hazardous material. The stormwater recharge basin will have stone lined slopes and the bottom of the basin will be planted with New England Conservation Erosion Control/Restoration mix seed from New England Wetland. Plants, Inc. Infiltration is calculated for recharge through the slopes of the basin and no credit is taken for infiltration at the grassy bottom of the recharge basin. The 2.76 acre area that contributes stormwater runoff to the recharge basin has a calculated NRCS runoff curve, CN=82.The area of the proposed Photovoltaic array,and surrounding disturbed areas are considered meadow subject to occasional mowing and will have a MRCS runoff curve, CN=30.This is the same runoff curve as the existing forested condition.The presently disturbed unvegetated area at the adjacent to the existing pavement will be planed and the project will result in a decrease in runoff from the proposed project area. Page 1 of 1 TABLE OF CONTENTS • PROJECT DESCRIPTION and STORMWATER CALCULATIONS SUMMARY • STORMWATER RUNOFF HYDROGRAPHS AND RECHARGE BASIN SIZING • APPENDICES A MRCS Soils Report B Drainage Test Pit Logs C. 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S Eaaa TalaGn W-Imrta x h aPrp,'r + r � y Q SUBJECT REDUIRED E%ISIINC PROPQSED CJ ix I 'P1am'EU/ Rm IOeAY n.�R 1 A n � � Q faHrtf o ix Tu 1. 6,exi n f I ° ce , wA an a I / � � i•e �" maxi o C'7 9 � to u�0'�e aA.BPW��A - -' - :( , i � r .....«-•. / ra n,a i 1alD I ........... « ..•f`.... lr ..' �wwyaP . ut'of alwn egneaf eyiwpe 1 � aaaPx W n d9 w bxA x ®. i / �l t1 E 1 / .1 weer rmw},mmx��xo f Na° Ma� A8M1D180�i" • -,,,,{.... + % !:' r - IIY �CItM000O0.mP «..« �' ' + r _ ZONING DISTRICTS: •YAr A°'a 1Rp1 m"s'0 e1Un Ra�i&ENis M at AL,1r•En BJ0.11 - w a eAausrAax maa aUtrR.Ae _�51�__.____^ - xC-Wh9IgIx1RLL a811an-FNaa mlC m a awed PH,earA4w or-1NI UHAlr or nat m--4 Aaar ua oWRAr asxen-MxIE aR - w rv-rwmAo moacnw artaAr axmn-PaiRwl a art. � ' a xi Gal`IO YOIxrtP V-PH8MAIAC MOW amen PLANC2.2.1 ISSUED FOR REGULATORY REVIEW 06-30-11 I NOT FOR CONSIRUCnON Lp1aaa I clsnam It FILE NO.C16730.03 STORMWATER MANAGEMENT REPORT August 30, 2011 Prepared for My Generation Energy 180 Airport Way Barnstable, MA Prepared by: COASTAL ENGINEERING r COMPANY, INC. COASTAL ENGINEERING CO. INC. 260 Cranberry Highway a Y Orleans, MA 02653 OF Af,4 MARTIN R. uE y c� FQ/STE���d�' 10NA1 EN Martin R,Donoghue, P.E. ® My Generation Energy, Inc. 3 Diamonds Path Unit 2 South Dennis,MA 02660 Phone 508-694-6884 MyGenemnonFne gy www.MyGenerationEnerciy.com Airport Way Nominee Trust Photovoltaic Project Site Plan for 180 Airport Way, Hyannis, MA Prepared For: Airport Way Nominee Trust 216 Thornton Drive Hyannis, MA 02601 Prepared By: My Generation Energy, Inc. 3 Diamonds Path, Unit 2 South Dennis, MA 02660 My Generation Energy 1.0 OVERVIEW Airport Way Nominee Trust and My Generation Energy, Inc. are proposing to install a 1.4 Mega Watt(MW)ground mounted solar photovoltaic(PV) system at 180 Airport Way,Hyannis, MA. It will serve as a net metering facility with the electrical production serving the usage of its owners' various facilities on Cape Cod. At the same site,a PV system will be installed on the roof of the former C&I Steel facility. Together,the energy produced will be capable of, at a minimum,providing the electrical needs of 250 typical homes on Cape Cod. The proposed system will be located in a limited industrial zoned area at 1.80 Airport Way in Hyannis.This project is also within the Ground Mounted Solar Photovoltaic Overlay District. 1.1 Environmental Benefits The electricity generated by the proposed array off-sets the demand for power delivered to the community from existing and future power plants. These benefits can be addressed from the global,regional,and community perspective. The environmental benefits are evaluated with respect to two main attributes: (1) avoided fuel acquisition(mining,drilling,processing,transportation,and storage) and (2) avoided byproducts and emissions from traditional electricity generation. Over the first twenty five years of this project's operation,an estimated 45 GigaWatt hours (GWh)of energy will be produced. To understand and quantify the project's benefits, the current mix of fuel sources generating the power supply to Cape Cod must be evaluated.According to ISO New England,the present electrical energy delivered to Cape Cod is generated by the following in relative amounts: Natural Gas 37.6% Nuclear 29.2% Coal 9.6% Petroleum 6.5% Other 17.1% Given the effectiveness with which each of the traditional fuel sources generates electricity,avoiding 45 GWh eliminates the requirement for all of the following: ✓ 213 billion cubic feet of natural gas(the volume of 1000 Goodyear Blimps) ✓ 80 pounds of enriched uranium(derived from mined ore resulting in 40,000 pounds of radioactive tailings) ✓ 2150 tons of coal(3700 cubic yards) ✓ 371,250 gallons of crude oil. The direct environmental impact of mining, extracting,processing,transporting, and storing these fuels and their production byproducts will be avoided by this project. 2 My Generation Energy The reduction in hazardous solid waste and atmospheric contamination provided for by this project is also a significant local,regional,and global benefit. The proposed project will avoid the environmental impact of solid waste and gaseous emission products from the traditional electricity generation it off-sets. Using the emissions from current electricity generation according to Cape Light Compact,the 45 GWh of solar electricity will avoid the release of all of the following: ✓ 30,150 lbs of NO. ✓ 52,200 lbs of SO2 ✓ 31,666,500 lbs of CO2 The project will also eliminate the creation of 80 pounds of spent nuclear fuel material. This nuclear waste has a half-life of 100,000 years and presently has no permanent storage plan. 1.2 Financial Benefits to the Community This proposed project will provide a wide range of economic benefits-to the community and the region.They include immediate and long-range benefits which are distributed through wages,increased tax base, and lower regional energy import expense. This renewable energy project will bring immediate benefit to the local economy by creating jobs and stimulating existing support industries and professional services. A significant portion of this financial boost is provided for by an approximately$1.8 million Federal Grant to help fund the development and construction costs. The proposed project's management,engineering,financing, accounting, legal services, construction, and maintenance are all being executed by local companies. An estimated 8 full-time"green collar"positions are created during the development and construction phase. Many other supporting roles will also be participating in the development and construction of this project. In addition to the direct jobs created and supplemented,this project will develop the local expertise and skills to engineer,manage, construct, and maintain large scale ground mount solar facilities. The proposed project will help transform the workforce and intellectual base of our region into a more capable,relevant asset. The long-term economic benefits relate primarily to the electricity cost avoidance and the revenue from the renewable energy attributes. Since ownership of the proposed project is local,the renewable energy it produces will offset local electricity expenses. Utility expenses of businesses on Cape Cod represent economic value leaving Cape Cod. With no relevant local generation, utility electricity revenue is a one-way street away from our region; it provides little value to the local economy. Solar renewable energy produced locally,on the other hand,is a regional economic resource.At present delivered electricity rates,this project will avoid the loss of over$7 million from the local economy over the first 25 years. 3 My Generation Energy The renewable energy attributes of the system, in particular Solar Renewable Energy Certificates(SRECs),will also provide economic flow into the region from the traditional electricity suppliers. For the first ten years of operation,the SRECs created by this project will bring approximately $500,000 annually to the local economy from the owners of distant power plants. At a time when many of the large renewable energy projects planned for Cape Cod are being developed by, owned by, and financed by distant and veiled entities,this project stands out. The project's development is Cape Cod based,its ownership is Cape Cod based, and its financing is Cape Cod based. Compared with other projects of similar scale,a far higher portion of the immediate and long-term economic benefit stays in the community and close to home. 1.3 Other Features of the Project The technology to be implemented in the facility outperforms that of traditional photovoltaic installations. The design uses distributed micro-inverter architecture to improve the system performance, safety and effectiveness. This will be a best-of-class example of modem solar technology and a showcase for innovative development— and it will be on Cape Cod. ,The project will also be distinguished by its minimal impact to the natural state of the site. The ground-mounted array site will be revegetated and maintained without irrigation, fertilization, herbicide application, or other activities with environmental impacts.Native undergrowth will be maintained with mechanical trimming and cutting. Even within the project footprint,the natural micro-environment of a forest canopy will be simulated by the partial shade condition from'the widely-spaced sub- arrays. 2.0 PURPOSE The purpose of this Site Plan is to provide all information required by Chapter 240 as amended by Section 240-44.2 for a ground mounted PV system. 3.0 PROJECT DETAILS 3.1 Property Description . The property is located on 180 Airport Way(Figure 3-1-Existing Conditions). The lot(Map 312,Lot 008H) is approximately 12.5 acres in size and zoned as limited PP Y industrial (Figure 3-2—Inset E3 of the Hyannis Zoning Map). The proposed PV system will be located in the eastern portion of the property and will utilize an area of approximately 7.5 acres(including building setbacks). Some vegetation reduction, clearing,and grading will be necessary in the setback areas during construction. Once construction is complete,the areas within the setbacks that have been disturbed will be revegetated. The actual PV system will occupy an area of approximately 4.4 4 i_ My Generation Energy acres. However,unlike traditional buildings,the arrays will cover only half this area or approximately 2.2 acres. The areas between and beneath the arrays will be revegetated to a condition similar to the original forest understory. This part of the property where the system will be located is currently relatively level with slope from the southeast corner to the center. Existing topographical contours taken at a two-foot contour interval are provided in Figure 3-1. 3.1.1 Vegetation The vegetation in the uncleared portion of the parcel is classified as undeveloped Forested Upland. Forested Upland,defined by rolling topography,is dominated by a moderately dense canopy comprised of pitch pine, scarlet oak,black oak, and white oak. Continuous patches of black huckleberry dominate the understory along with scattered clusters and individuals of inkberry, arrowwood,nannyberry,highbush blueberry, sassafras,maeberry, American holly, serviceberry, and saplings from the overstory. These forested upland conditions are unremarkable and fairly typical of the oak/pine natural communities found across Cape Cod. An NSTAR easement for transmission lines and a substation is located to the east of the site while preexisting industrial development is located to the west of the site. The airport runway and run-up pad dominate the area to the southwest of the site. Thus the area surrounding the site is largely developed and the project will not cause fracturing or isolating of any large contiguous habitat. 3.1.2 Wetlands/Water Bodies There are no wetlands or water bodies located on or within 100' of the perimeter of the project site(Figure 3-2). 3.1.3 Existing Structures Three structures, built in 1996, are currently located on the lot where the proposed PV facility will be installed. The former Cape and Island Steel building covering an area of 5,040 ft2 in size is located in the southwestern corner of the lot. As part of the overall project, a PV system will be installed on the roof of this building. The northwestern corner of the site contains a long, narrow building covering an area of approximately 24,000 ft2. Finally, a 2,000 ft2 covered storage area is located between these two buildings. The roofs of these two other buildings are not appropriate for PV installation due to condition and orientation. All of the structures are less than 50 years old and not historically significant. In addition, a Project Notification Form was submitted to the Massachusetts Historical 5 My Generation Energy Commission(MHC). Based on a review of their files,the MCH determined that the project is unlikely to affect significant historic or archaeological resources (Appendix A—Project Notification Form Massachusetts Historical Society). 3.1.4 Paved Surfaces The locations of all existing paved surfaces are shown on Figure 3-1. No new streets, ways,easements or other paved surfaces are proposed as part of the PV array installation. ed Changes to Landscape 3.2 Proposed e g p During construction of the system,vegetation will be cleared from the zone identified in the site plan(Figure 3-3)as"limit of clearing"to allow grading for proper storm water management and installation of the arrays. Where possible,the soil will be left in place to allow quick re-growth of the shrubby vegetation. For areas where topsoil must be excavated, it will be stored separately,with its vegetative matter,and re-used to restore ground cover. Once cleared,the site will be graded as specified in Appendix B—Grading Plan and Stormwater Management Plan. During construction, silt fence and hay bales will be used to control erosion(Appendix C—Erosion Control Plan). Erosion control and stormwater run-off management will be facilitated over the long term by regrowth of the existing plant understory, seeding with conservation mix ground cover, and by installing a drainage recharge basin (Appendix B). . 3.3 Traffic Plan No traffic will traverse the proposed PV installation. Thus no traffic plan is necessary. 3.4 System Layout The system layout is shown in Figure 3-3—Site Plan for Ground Mounted Solar Array. The system will consist of a total of 5,712 individual modules arranged in sub-arrays of 24 modules each.All modules will be oriented facing south and tilted at an angle 25 degrees (Figure 3-4). The system layout for the former Cape and Islands Steel building is shown in Figure 3-5. 3.5 Electrical A one-line electrical diagram showing the details of the PV components,electrical interconnection methods,disconnects,and overcurrent devices are provided in Figure 3-6—One Line Electrical Diagram. All work and components will be compliant with the National Electrical Code and UL listed. A Service Work Order and 6 My Generation Energy interconnection agreement have been applied for and acknowledged by NSTAR,the utility company operating the electrical grid. 3.6 Major System Components Sharp 240W modules have been selected for this project. A specification sheet for these modules is provided in Appendix D—Major System Components. The modules will be mounted using the Unirac Isys racking systems(Appendix D). Enphase M215/277V micro-inverters will be used to convert the direct current(DC) from each module to three phase alternating current(AC). A specification sheet for the micro- inverters is provided in Appendix D. Although not required to be a"US Made" project,the proposed components have been selected to qualify for ARRA compliance. 3.7 System Installer System Installer: My Generation Energy, Inc. 3 Diamonds Path,Unit 2 South Dennis,MA 02660 (508) 69.4-6884 3.8 System Proponents System Proponents: Airport Way Nominee Trust 216 Thornton Drive Hyannis,MA 02601 (774) 836-3449 4.0 SITE CONTROL Access to the site will be controlled through the installation of a 6' high chain link fence. An access gate will be located on the existing paved access road to the site. The location of the fence and gate are shown in Figure 3-3. 5.0 OPERATION AND MAINTENANCE PLAN An operation and maintenance(O&M)plan is provided in Appendix E. This plan includes quarterly inspection of the electrical components(including system disconnects), modules,and module racking. The site fence will be inspected to ensure access to the system is restricted. Storm water will be controlled through the installation of drainage basins and the planting of native vegetation. The site will be inspected for soil erosion each quarter. Repairs will be made to the system and/or fence as necessary. Vegetation control within the array footprint will be maintained by mechanical means(brush-hog mowing and selective pruning). The setback and buffer areas.will be maintained to provide the necessary screening without producing a significant shade impact to the array. 7 My Generation Energy 6.0 UTILITY NOTIFICATION A Service Work Order and interconnection agreement have been applied for and acknowledged by NSTAR,the utility company operating the electrical grid. A copy of each application is provided in Appendix F. 7.0 DIMENSIONAL REQUIREMENTS As shown'on Figure 3-3,the facility will conform with the setback requirements for this zone—a minimum of 60 feet from the front of the lot and at least 30 feet from the rear and side lot lines. Further,the system will not encroach on the utility easement in the northeast comer of the lot. 8.0 DESIGN STANDARD 8.1 Lighting The locations of existing lights are shown in Figure 3-1. The PV installation will not be lit. Lighting of other parts of the installation, such as accessory structures(i.e. transformer),will be limited to that required for safety and operational purposes, and will be reasonably shielded from abutting properties. 8.2 Signage A sign will be installed to identify the owner and provide a 24-hour emergency contact phone number. All signs on the facility will comply with Article VII Sign Regulations. 8.3 Accessory Structures The only accessory structure planned for this project is an electrical pad-mount transformer. If any others are required they will comply with all regulations concerning the bulk and height of structures,lot area, setbacks,and open space, parking and building coverage requirements. All such accessory structures will be architecturally compatible with each other,multiple accessory structures will be clustered to the greatest extent feasible and views of such structures to residential properties and roadways will be screened with native vegitation. 9.0 UTILITY CONNECTIONS The utility connection from the pole to the transformer will be placed underground. The electrical transformer for utility interconnections will be typical of that in the area, a pad-mounted standard design. Access to the transformer will be restricted by the site fence. 10.0 SAFETY AND ENVIRONMENTAL STANDARDS 8 My Generation Energy 10.1 Emergency Services A copy of the project documentation package including a project summary, electrical schematic, and site plan has been provided to the Hyannis fire chief. Upon request My Generation Energy will cooperate with local emergency services in developing an emergency response plan. The project proponent will provide and update as necessary,the contact for public inquiries throughout the life of the installation. 10.2 Land Clearing,Soil Erosion and Habitat Impacts Clearing of natural vegetation will be limited to what is necessary for the construction, operation and maintenance of the PV installation or otherwise prescribed by applicable laws,regulations,and bylaws. Erosion will be controlled by the installation of drainage swales and the planting of native vegetation (Appendix Q. In response to an Information Request,the Natural Heritage and Endangered Species Program(NHESP) issued a letter on July 25,2011, stating that the project site, or a portion thereof, is located within Priority Habitat 1238 (PH 1238) as indicated in the Massachusetts Natural Heritage Atlas (13`h edition) and that the Barrens Buckmoth(Hemileuca maia)has been found in the vicinity of the site. H maia is a Species of"Special Concern"and is afforded protection under Massachusetts Endangered Species Act(MESA). Based on a habitat assessment conducted for My Generation Energy,the proposed project is not located within potential H. maia habitat. The NHESP has issued no"take"determination under MESA(Appendix G). 11.0 MONITORING AND MAINTENANCE 11.1 Installation Conditions During the installation,the site access will be controlled by the newly installed perimeter fence. Construction debris and by-products(primarily packing materials) will be transported off-site for proper disposal/recycling. The grounds and facilities will be maintained in good condition throughout the installation phase. 11.2 Modifications All material modifications to the system made after issuance of the required building permit will require Site Plan Review approval. A new/modified Site Plan will be submitted for review as appropriate. 12.0 ABANDONMENT AND DECOMMISSIONING 12.1 Removal Requirements 9 My Generation Energy When the system reaches the end of its useful life or has been abandoned it will be removed. The installation will.be removed no later than 150 days after the date of discontinued operations. The Building Commissioner will be notified by certified mail of the date of discontinued operations and plans for removal. Decommissioning will consist of: (a) Removal of all large-scale ground-mounted solar photovoltaic installations,structures, equipment, security barriers and transmission lines from the site. (b) Disposal of all solid waste in accordance with local, state, and federal waste disposal regulations. The generation of hazardous waste is not anticipated. (c) Stabilization or re-vegetation of the site as necessary to minimize erosion. 12.2 Abandonment Abandonment of the facility is not anticipated. However, as specified in the ordinance, absent notice of a proposed date of decommissioning or written notice of extenuating circumstances,the solar photovoltaic installation will be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. 12.2 Financial Surety The proposed PV installation will be located on privately owned land. All major components carry at least a 15 year warranty while the active components,modules and inverters carry a 25 year warranty. Furthermore,it is anticipated that the system will continue to generate electricity well beyond the equipment warranty. Few if any structures built on private land carry such a long warranty; furthermore, no other structures on private land are required to carry financial surety for demolition/removal. While financial surety is appropriate for projects constructed on public property,the project proponent respectfully submits that the financial surety provision of the ordinance is not appropriate for privately owned PV systems built on private land. 10 1, T _.�,. \ a� YC v.v kar $ a♦,�;..h t� R.. i3 .- ��.- ti '. s - ' �-- ( ¢ 7: � 1 ,+fit+ �. _� �,��g �r'�a��`p � �\� \\�\\\\����\\\F \ # � •rr��,,�,.�� Y 1 �. a`4,� .$ ���.t �"�1 ' r Y-r�.� �r o-m'^A.clx" a # v� i�w���+` f-t.�.,fi-F--' •• 3 _ - ♦`i _�.ice'"' -``t ��f�\,♦♦` `_�.-_�_� 111111 t �'�t - �\� � 1�_ Ago ------------ a�- �♦ -�'I li 1 1 �� 1 ,'� ♦1 11 1'��____ � � �� /' `-``� ♦`\`O�`Cal 1 ♦ ♦'1 ✓ �_- � 1. i 4A PiW. 1 1 �rs i I 11 i I � 1 � � i V g �• �bif 2 � I � I � e 0 G o { 9 b 4-� 8 i(Be �®& 9® 9 • S�p g � C S 6 � .p Q v Iiu�ar �5® CJ►� s. SHEPLEY WOOD PRODUCES m y EXISTING CONDITIONS.PLAN s . a FORMER CAPE&ISLANDS STEEL SITE ALI CAN ° �IyglE�i' lE� INSET SCALE: P=Soo' W,- XWl;i I 0 p S - +: Dow �00 °•° 0 q, �;° 9 l.�r�t�y v' !. �,'t`I :7ir Y aE .'^s ' /M' � = °,.�„°° Ft' 8 „�l^ r .�r\�i •' 'i 1.P�y \,� ✓ \ ._.� R �Ck..�: � a� b 0 S l r\J � �� � ✓ ..,o /� � o :o ti o r. p a Fes "AT a°s➢�y pq�` ry�/' / Fl, SRI, \ ^ ✓` \ _ AIR Lewis Bay h ' P 3- 2 f�jclolh;S gig (. .pnsrt a •' Air�$ ;��� "/,� \i. S�—_'-�--•G/ � f � \ o _. p �g� ni jog 2 RM 3 "u o $ £ @@@ gg a MY.GENERATIOV ENERGY m a- au MAMA TWAY BAQ1141AYt8({IY1N.V6A MA _ e m` PLAN SHOWING PROPOSED I GRADING,DRAINAGE AND UTQ.ITIES a Q 5ft t +x � ,5 403 i an a i .. M pt'��'. 3 x rV� e�ny tiA� t�v , 41. �F t � r 4 a � rr I H X .jamb , i 1, J I �,�•.:'.yM W 'p'�i`.r �'� -.,Sz'L " �1 4 ��a��� �' " UF.. �i ",�'�kY, .�t, p� a � �� ,;ey ° aa.���n+� "rM�^+.� �`��s d�a� 1,� 90 . ,rya '" � d .":. �'� tl ti'r. � F:. ��. i sLs � �� ��� ��R ,y• -,�� Y n eRi 3 _ Solar Layout f ^ 'npp C&I Steel Bullding ®B Modules-23 kW M Generation Energy,Inc. Y e Rev 05/16/2011 pj, �+Af fo J ONE PAD t,/I'OL 1N{ 1216�f�'� GENERAL NOTES ArG F�IL E ALL WORK SHALL CONFORM TO THE MASSACHUSETTS ELECTRICAL CODE. ELi�Tri' � I ALL WORK SHALL CONFORM TO THE ELECTRIC UTILITY CO 11 SPECIFICATIONS. MATERIALS SHALL BE UL LISTED AND LABELED. I r o _4p-L ,S.-f*1,AQDS EQUIPMENT SHALL BE INSTALLED IN ACCORDANCE WITH MANUFACTURERS INSTALLATION INSTRUCTIONS. CIRCUIT BREAKERS SHALL BE RATED FOR REVERSE FEED. F `i�c —•�`�D'..'f>la. �j��.Iz.t.Jr",.. ^'ir'�t r.! SW 1iGYi R9.fk:i`' ` I�1�J�.r 5 IGt�`a k FIL L— r`� �rGJ�t'`�� vGRS r y,2 mtij1 j I� 6-= I 00A F`�L "�;� cur✓,�rr.1E� ' { �llS�� 7-25-11 33i ±tip ;rtri�L- -2�-JW 5J_i�iL f�F,r.J t_, AREA 5l - 180 AIRPORT WAY—BARNSTABLE,MA ��#O'3�.A.p- � r '�_.l�i;�`r':�as��'p�+.�[5/'�r'i\/�;Y�'� Ar•''Fn,^,,*'1 I r f + �j Prepared By:Sean Engineering,Inc. r MJ"i✓L.Lj_h tfp>k0 t J i x h fr f• Prepared For:i�Iy Generation Energy Issued:For Electric Utility Co.Application 7-18-11 T !C�L oK. 5a G+Rt Jl;'S cvti I ^ ,r "�'> e.� h , !Z. � �� ,..k. a�i;:�n� Not for Construction u rL ' Appendix A Project Notification Form Massachusetts Historical Society j i j F AUG 0 5 20111 950 CMR: OFFICE OF THE SECRETARY OF THE COMMONWEALT' ,9$. MST, CC)M— W APPENDIX A MASSACHUSETTS HISTORICAL COMMISSION 220 MORRISSEY BOULEVARD BOSTON,MASS. 02125 617-727-8470, FAX: 617-727-5128 PROJECT NOTIFICATION FORM Project Name: St p p o�'� G�C. .Z Ildm/ ee 7v-u s PAer review of MHC files and the materials it , it Determined that Location/Address: l 80 ✓ d^ W y this proiect is unlikely to affect significant Q archaeological resources. City/Town: Project Proponent h i ` Al D 1 it / t"+ s Name: D to3h Address: a f 6 1 s,4 6✓1 D t"E tr t4rchaeologi /Preservation Planner AAnccanhuseM Historical Cam rrlisslon City/Town/Zip/Telephone: 11za nJV7l-S " l Q a Agency license or funding for the project(list all licenses,permits,approvals,grants or other entitlements being sought from state and federal agencies). Agency Name j� Type ofLicense or funding(specify] Care ���I C40tw/41tSSlOd1 I� l� eVte-LJ Project nD�escription/(narrative): / �Z r>>,�� � I L4 d� f� j�7��� G� t-/l�c��'7 �• q /V�✓ �/zf)7 � l�O�YcfCG S�/s"�er✓t. �/� �QnGLv6S' eyeh/+e l G✓t�OctBoe. f�a /L /' L le 1 / vG'd b� v rt Gtll/< Eld 1i��4rZc� �f+'��7�(? �1�C �lilllJ� �0^a�G.cL' 7"b G� LJ/19S at�il.f6oi/ Does the project include demolition? If so,specify nature of demolition and describe the building(s)which are proposed for demolition. p 9 fl Does the project include rehabilitation of any existing buildings? If so,specify nature of rehabilitation and describe the building(s)which are proposed for rehabilitation. p j® Does the project include new construction?If so,describe(attach plans and elevations if necessary). Lim P��Je G /.t/el/fvrc/u�l� �I�e it-rs/c,C/G.A,0 1 ©f- r✓ovlcre-te Sc 5/31/96(Effective 7/1/93)-corrected 950 CNIR-275 r t 950-CAIR: OFFICE OF THE SECRETARY OF THE COMMONWEALTH APPENDIX A (continued) To the best of your knowledge,are any historic or archaeological properties known to exist within the project's area of potential impact? If so,specify. What is the total acreage of the project area? Woodland-- '3' $ acres Productive Resources: Wetland acres Agriculture acres Floodplain: . _acres Forestry ---- - -- _.- _-__ • --acres I Open space- -az nes - - Mmmg/Extraetion•- - acres Developed.. acres Total Project Acreage acres What is the acreage of the proposed new construction? % ' 7 acres What is the present land use of the project area? Np G u A`-, [` S Please attach a copy of the section of the USGS quadrangle map which clearly marks the project location. This Project Notification Form-has been submitted to the AMC incompliance with 950 C&M 71.00: s G / Signature ofPerso�n submitting this form �%G�'"v Date: �? -�-vZ D/! Name: AI'llia'-1 Gcd/,, A r, 1/"/L IS CYI ✓'CcTIO✓I ✓!C's^ Address: 3 !c,I In 8 4 Ir5 City/Town/Zip- �O �L �� •��✓L s�1 i S �_� ._-��o?-�0 _ --- ..__.� ------------ Telephone: _��f 7) REGULATORY AUTHORITY 950 CMR 71.00: NLG•L.c.9, §§26-27C as amended by St. 1988,c.254. 7/l/93 y 950 CMR-276 3 t f y: Appendix B Stormwater Management Plan Page 1 of 1 Swiniarski, Ellen From: Dana Soderberg [dsoderberg@ShepleyWood.com] Sent: Thursday, September 29, 2011 9:36 AM To: Swiniarski, Ellen Subject: {Disarmed)Airport Way Nominee Trust Ellen, Per our conversation. I don't have the actual Trust documents at the moment but attached are two declarations and tenancy agreements that reference J Bruce Macgregor and Maraspin Creek Realty Trust which Lorraine and Hamilton Shepley are Trustees of. Dana J. Soderberg CFO Shepley Wood Products, Inc. wwwMailScanner has detected a possible fraud attempt from "www.shepleywood.com" claiming to be .ShepleVwood.com (508)862-6296 This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged,confidential,and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient of the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. if you have received this communication in error,please notify me immediately by attaching the original document to a reply. This Email has been scanned for all viruses by PAETEC's Hosted E-mail Security Services, utilizing MessageLabs proprietary SkyScan infrastructure. For more information on a proactive anti-virus service working around the clock, around the globe, visit http://www.paetec.com. i 9/29/2011 DIRECTION OF BENEFICIARIES The undersigned, being all of the beneficiaries of Airport Way Nominee Trust (the "Trust"), hereby adopt the following resolution pursuant to the terms of the declaration of trust,dated October 10,1995,and,recorded at the Barnstable County Registry of Deeds at Book 09880,Page 0272 The trustee of this Trust is authorized, empowered and directed on behalf of this Trust,to borrow,from time to time, from TD Banknorth, N.A. ("Bank"), such sum or sums of money as said Trustee(s) may deem necessary or advisable for the purpose of this Trust; To mortgage,pledge, hypothecate, sell, assign and transfer to Bank and to grant to Bank security interests in, as security for money borrowed and for all other obligations of this Trust to Bank, all property of this Trust,whether real,personal,or of whatever kind or nature and wherever situated,and whether now owned or hereafter acquired or arising including,without limitation,on the land with the buildings thereon known as and numbered as described in the margin herein; To make, execute, seal, acknowledge and deliver, In the name of this Trust, promissory notes, loan agreements,credit agreements, construction loan agreements,financing agreements,security agreements, mortgages, deeds of trust, deeds to secure debt, guaranties, and all other instruments, documents and agreements required by Bank(collectively,the"Loan Documents")in connection with,or to give effect to,or any of the powers and authority therein granted and to continue, extend, modify.or amend the same from time to time, all such Loan Documents to be in such form and on such terms and conditions as any of the said Trustee(s)shall, by his, her or their execution and delivery thereof,deem satisfactory; hereby ratifying, approving and confirming all that any of the said Trustees) has done or may do respecting any of the foregoing;and Notwithstanding the filing or recording of any document or Instrument in any registry of deeds or any other public office indicating the contrary, the foregoing authorization shall remain in full force and effect until written notice of termination or modification thereof shall be received by Bank, and Bank may conclusively rely on the signatures of the trustees designated in this authorization until notified by any trustee of this Trust in writing of any change in such trustees,and thereafter Bank may conclusively rely on the signatures of the successor trustees. Executed as an instrument under seal as of January 16,2008. Beneficiaries: JBM Family Limited Partnership By: Br acGregor,General Partner Maras ' Creek Realty Trust By: rra a epl ,Trus e ren O'Connor Authority Documents-Obligor 1 ©2008 Medici,a division of Wolters Kluwer Financial Services 5 t I t �tR+l•wrra `��"� .:.�' !�j�-!A .^`. "A '" °'4I G� �� f �`-••�' 4 r �'R' r 3�I`h u i' 7'/����gFg. •r t f r v f.. o Y f �,/� �°• it J ,r1 d.F N C� fj`fi.. ���! ° ' •'� Al .t�(�6 � �� ,,�'a�pE � '.I' � ~ � ' �,, " `"'� ' '•r. '13"L't 915 � I}t�t7� ¢iYf CD KZ t l r�as ,,,� ,� , �,•,,� , ,r.- , `� a � F� i� a. �:�,$QF� � 1 r�'•'` �.3 � � � e� �{�' ^� .sue�' C . �k� � f � � 1 r �t� � •. s.�.. �' 0/ r ,} h � a+.T� BSI I �. �ywlj� Y��a: - �. '+ L .;.r'1.• a ���`�. � -5'''q� � `�F,.-. fit, '•:ei.. 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I" J "•a, x• � �',•h(3.t� � '�it` ,Q �p9tr��* a a tv 6 G b 'i �� t L. f`��LI�f'trc`� �'``\ � r 13.. � � '•r 6� ,�� �"`jh;• r I� '_..� ,If° r;y" 1�1 y1 t°1-�r J i^i, r • - �siCL b ~� la ' 91{* n ti �6 \ 3 >! �. t v7 % •'�. ( fi r t} ,M,(, ,. ,a�,, Ik I >''f i v$'` ` �.,� TV :y� '�S f.: .' "q.�sr�,v� ���, 9; •','Y� r k: of 3s I. �. �'�rt'.' Yam'' :�,Y, �y� ��''� '"a„Ir�Y.�j�'�� / ��i �� {�'. � ';• ' 9Y_ �v.pa t��srl�r�>r� a t � ny : t� �.� ��'��,.�'r���Lt4Za�M fiw'a y Town of Barnstable .200 Main:Street,Hyannis,Massachusetts. 02601 1 � = Regulatory Services Thomas F.Geiler,Director ,� �•� Building Division Tom Perry,Building Commissioner Phone(508)862.4679 Fax(508)862-4725 www:town.barnstable.ma.us September 27,2011 Airport Way Nominee Trust c/o Bill Gallagher,Project Manager My.Generation Energy , 3 Diamonds Path, Unit 2 South Dennis, MA 02660 RE: SPR#:021-11 Airport Way Nominee Trust, 180 Airport Way,Hyannis Map 312, Parcel 008 H00 Proposal: Installation of a 1.4 megawatt(MW)ground mounted grid-connected solar. Photovoltaic (PV)system. Installation.will serve as a net metering facility with:the electrical production serving the usage of its owner's various facilities on Cape Cod. PV system at this site is also to be installed on the roof of the.former Cape& Islands Steel facility. Dear Mr. Gallagher: Please be advised that subsequent to formal site plan review held:September.8, 2011,:the revised plans and supplemental-information for the above proposal have been administratively approved subject to the following: • Approval is based on Site Plan Review application package received September 2, 2011 containing information addressing Ground Mounted Solar Photovolatic Overlay District requirements as well as a favorable MESA.determination dated.August 31,2011 and Massachusetts Historical Commission approval dated August 15, 2011.:Additionally, revised plans entitled, "My GenerationEnergy, 180 Airport Way,Hyannis,MA", 5 Sheets,prepared for My Generation Energy, South Dennis,MA by Coastal Engineering Company; Inc. and dated August 36,2011; Ma.ssDOT Aeronautic Division Determination dated September 14,2011 that permit is not required;revised Operation and Maintenance Plan including drainage catch basin maintenance plan,received .. 9/27/11. • A directory for locating the disconnect must be mounted on the front of the transformer. All means of shutting:down the solar photovoltaic installation shall be clearly marked. The owner/operator shall.identify the.responsible person for public.inquiries throughout the life of the installation. • PV installation shall be maintained in good condition at the expense of the owner/operator including but not limited to: painting,structural repairs, integrity of security measures. Site access shall be maintained to a level acceptable to site plan review. • The owner/operator shall physically remove the installation no more than 150 days after the date of discontinued operations,notifying the Building Commissioner by certified mail of the proposed date of discontinued operations and plans for removal. Physical _removal includes: structure, equipment, security barriers and transmission lines from the site; disposal of all:solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; revegetation of the site as necessary to minimize erosion and at the Building Commissioner's discretion, some landscaping or below-grade foundations may be allowed to remain in place to provide stabilization: • Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances,the PV:installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. If the owner/operator fails to remove the installation within 150 days of abandonment or on the proposed date of decommissioning,the Town may enter the property and physically remove the installation . • An executed.interconnect agreement with NSTAR,the utility company operating the electrical grid, must be submitted to the Building Commissioner prior to.the issuance of a building permit for the PV installation. • Submission of an erosion control plan depicting the provision of.a temporary.basin for: diversion of stormwater:to allow the vegetation in the permanent basin become established will need to be provided and approved by Steve Seymour, Senior Engineer, GMD prior to the issuance of a building permit: • Proof of liability insurance in a form accepted by:the Town Attorney will need to be provided prior to the issuance of a building permit. • Proof of financial surety to:cover the cost of decommissioning in an amount and form accepted by:the Town Attorney will need to be provided prior to the 'issuance of a .building:P ermit. • Upon completion of all work, a registered:engineer or land surveyor shall.submit a letter of certification, made upon knowledge and belief in accordance with.professional standards that all work has been done in substantial compliance with the approved site plan (Zoning Section 240-104(G). This document shall be submitted prior to the issuance of the final certificate of occupancy. ... Sincerely, Ellen Swiniarski Site Plan/Regulatory Plan/Regulatory Review Coordinator CC: Tom Perry, Building Commissioner Site Plan Review File Rick Elrick—Energy Coordinator Ruth Weil—Town Attorney Steve Seymour—GMD Engineer B. NEW BUSINESS (Refer to planning board for hearing) BARNSTABL..E TOWN COUNCIL" P ``C' ? ' n ITEM# 2oi1-oo6 INTRO: o8/05/10 20i1-oo6 AMENDING ZONING ORDINANCE — GROUND MOUNTED SOLAR PHOTOVOLATIC OVERLAP'DISTRICT ORDERED: That Chapter 240, Article V of the Zoning Ordinance is hereby amended as follows: Section 1 Ground Mounted Solar Photovoltaic Overlay District Map The official zoning map of the Town of Barnstable is hereby amended by adding the Ground Mounted Solar Photovoltaic Overlay District as shown on a map on file with the Town Clerk entitled Ground Mounted Solar Photovoltaic Overlay District. Section 2 Ground Mounted Solar Photovoltaic Overlay District That Chapter 240, Zoning Ordinance is hereby amended by adding Section 240-44.2 Ground Mounted Solar Photovoltaic Overlay District. A. Purpose. This ordinance promotes the creation of new large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial'assurance for the eventual decommissioning of such installations. This ordinance is adopted pursuant to the Commonwealth of Massachusetts Green Communities Act. The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic installations. B. Applicability This section applies to large-scale (250 kW) ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section. This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment. C. District Established. A Ground Mounted Solar Photovoltaic Overlay District (GMSPOD) is hereby established, and shall be considered as superimposed over any other districts established by this chapter, and is shown as an overlay on the Official Zoning Map established pursuant to § 240-6 Zoning Map D. Definitions. These definitions shall apply to Section 240-44.2 exclusively: As-Of-Right Siting- As-of-Right Siting shall mean that the ground-mounted solar photovoltaic installation may proceed without the need for a special permit, variance, amendment, waiver, or other local discretionary approval. As-of-right development is subject to Article IX Site Plan Review. As- of-right solar photovoltaic installations that are consistent with the zoning ordinance and applicable state and federal law can be reasonably regulated by the Building Commissioner. I Ground Mounted Solar Photovoltaic Installation -A large scale solar photovoltaic (PV) system that is structurally mounted on the ground, not roof-mounted, and has a nameplate capacity of at least 250 kW DC. Off Grid System—A solar photovoltaic installation where all energy generated on the installation site is consumed on that site and does dot send any energy into the electrical grid for distribution. Rated Nameplate Capacity- The maximum rated output of electric power production of the Photovoltaic system in Direct Current (DC). E. Application and Review. Ground-mounted large scale solar photovoltaic installations with 250 kW or larger of rated nameplate capacity shall undergo Site Plan Review pursuant to Article IX Site Plan Review, prior to construction, installation or modification as provided in this section. All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in Massachusetts. (1) Required Documents. In addition to the requirements of§ 240-102 Site Plan Review,the project proponent shall provide the following documents: (a) A site plan showing: [1] Property lines and physical features, including roads, for the project site; [2] Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures; [3] Blueprints or drawings of the solar photovoltaic installation signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures [4] One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices; [5] Documentation of the major system components to be used, including the PV panels,mounting system, and inverter; [6] Name, address, and contact information for proposed system installer; [7] Name, address,phone number and signature of the project proponent, as well as all co-proponents or property owners, if any; [S] The name, contact information and signature of any agents representing the project proponent; and (b) Documentation of actual or prospective access and control of the project site (see also Subsection G below); (c) An operation and maintenance plan (see also Subsection H below); (d) Zoning district designation for the parcel(s) of land comprising the project site (submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose); (e) Proof of liability insurance in a form acceptable to the Town Attorney; and (f) Description of financial surety that satisfies Subsection Q below. F. Site Control. The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation. G. Operation & Maintenance Plan. The project proponent shall submit a plan for the operation and maintenance of the ground mounted solar photovoltaic installation, which shall include specific measures for maintaining safe access to the installation, a storm water management plan, and general procedures for and frequency of operational maintenance of the installation. H.Utility Notification.No ground mounted solar photovoltaic installation shall receive a building permit until an executed interconnect agreement with Nstar, the utility company operating the electrical grid, has been submitted to the Building Commissioner. Off-grid systems are exempt from this requirement. I. Dimensional Requirements. Ground mounted solar photovoltaic installations are subject to the front, side and rear yard setbacks as set forth in the underlying zoning district(s). J. Design Standards. (1) Lighting. Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as accessory structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. (2) Signage. Signs on large-scale ground-mounted solar photovoltaic installations shall comply with Article VII Sign Regulations. A sign shall be required to identify the owner and provide a 24-hour emergency contact phone number. Solar photovoltaic installations shall not be used for displaying any advertising. (3) Accessory Structures. All structures accessory to ground mounted solar photovoltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space,parking and building coverage requirements. To avoid adverse visual impacts all such accessory structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other,multiple accessory structures shall be clustered to the greatest extent feasible and views of such structures to residential properties and roadways shall be screened with landscaping. K. Utility Connections. Reasonable efforts, as determined by Site Plan Review, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider. L. Safety and Environmental Standards. (1) Emergency Services. The large scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief. Upon request the owner-or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation. (2) Land Clearing, Soil Erosion and Habitat Impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws. 1 I M. Monitoring and Maintenance (1) Solar Photovoltaic Installation Conditions. The large-scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to,painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to Site Plan Review. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation. (2) Modifications. All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require Site Plan Review approval. N. Abandonment or Decommissioning (1) Removal Requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with this section shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Building Commissioner by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of: (a) Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site. (b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations. (c) Stabilization or re-vegetation of the site as necessary to minimize erosion. The Building Commissioner may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation. (2) Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances,the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. If the owner or operator of the large-scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning,the Town may enter the property and physically remove the installation. (3) Financial Surety. Proponents of large-scale ground-mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise,to cover the cost of removal and disposal in the event the Town must remove the installation and remediate the landscape, in an amount and in a form acceptable to the Town Attorney but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. Such surety will not be required for municipally or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal,prepared by a qualified engineer. The"amount shall include a mechanism for pro rating removal costs as they may be affected by inflation or changes to disposal regulations. DATE ACTION TAKEN Read item Rationale Council discussion Move/vote f BARNSTABLE TOWN COUNCIL ITEM# 20n-oo6 INTRO: o8/05/10 SUMMARY TO: Town Council FROM: Richard Elrick THROUGH: Town Manager John C. Klimm DATE: July 29, 2010 BACKGROUND: Historically, the .Town ,of Barnstable has been a leader in promoting energy efficiency while encouraging the appropriate development of renewable energy. Beginning in 2002 when the Town did its first energy use baseline inventory and committed to reduce its energy consumption, many "green" efforts have been undertaken. A municipal "Green Team" was created, numerous energy audits have been conducted and.energy efficiency measures implemented, a 1,000 kilowatt renewable energy project is being installed now at the Water Pollution Control Facility, and recently, the Town Council created a Renewable Energy Commission. Green_ Communities Program: The 2008 passage of the state's Green Community's Act provided for cities and towns to become "Green Communities" and thus qualify for grants and technical assistance. Qualifying as a Green Community: In order to satisfy the Green Communities Act qualifying Criteria 1, the Town must adopt as-of-right siting, in designated locations, for renewable energy generation, research and development, or manufacturing. We have chosen to meet the renewable energy generation option with this zoning amendment which will allow solar photovoltaic installations that utilize ground-mounted systems which individually have a rated name plate capacity of 250 kW(DC) or more. Purpose of Zoning Amendment: This zoning ordinance amendment will promote the creation of new large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations. In addition, the standards will address public safety, minimize impacts on scenic, natural and historic resources, and provide adequate financial assurance for the eventual decommissioning of such installations. Benefits: All of the Green Communities qualification criteria involve measures that will lead to a reduction in the town's greenhouse gas emissions through using less energy. By providing for as-of- right siting for renewable energy generation, the energy that we do consume will greener. As-of-right siting for Renewable/Alternative energy generation facilities will also serve as a lure to draw new businesses to the Town of Barnstable; businesses that are up and coming and that can make our community more sustainable. ® My Generation Energy, Inc. 326 Yankee Drive Brewster, MA 02631 www.MyGenerationEnergy.com MyGenerationhegy Town of Barnstable Regulatory Services Building Division 200 Main Street,Hyannis,MA 02601 RE: Meeting with the Manager of the Barnstable Municipal Airport to Discuss the Proposed Photovoltaic System at 180 Airport Way in Hyannis,MA. To Whom It May Concern, At the Staff Site Plan Review Meeting on 6 September 2011,Mr.Roland Breault,Manager of the Barnstable Municipal Airport,expressed concern regarding potential glare to pilots from the proposed photovoltaic(PV)system. On 12 September 2011,representatives from My Generation Energy Inc. met with Mr.Breault to discuss this issue. During the meeting it was discussed that PV modules are designed to absorb light and have low reflectivity.Further,due to the textured surface of the PV glass,any reflected light is diffuse. To support this point,My Generation Energy representatives referenced a document produced by the Federal Aviation Administration(FAA)entitled"Technical Guidance for Evaluating Selected Solar Technologies on Airports"(FAA,2010). Mr.Breault stated he would review this information and requested that an airspace review be performed by FAA and the MassDOT Aeronautics Division. On the same day subsequent to this meeting,My Generation Energy filed an electronic request with FAA and MassDOT to conduct an airspace review on behalf of the project proponent(Airport Way Nominee Trust). No impact to airspace is anticipated. If you have any questions on this matter,please do not hesitate to contact me at(617)5 13-9229 or by email at Bill@MyGenerationEnergy.com. Sincerely, Bill Gallagher Project Manager My Generation Energy,Inc. y My Generation Energy, Inc. www.MyGenerationEnergy.com MyGen°atbnEn°gy Operation and Maintenance Plan Regarding: Ground Mount Solar PV Site at 180 Airport Way, Hyannis, MA Date: August 26, 2011 Background My Generation Energy, Inc. is proposing to install a 1.4 Mega Watt (MW) ground mounted solar photovoltaic system at 180 Airport Way, Hyannis, MA. It will serve as a net metering facility with the electrical production serving the usage of its owners' various facilities on Cape Cod. At the same site, a PV system will be installed on the roof of the former C&I Steel facility. System Monitoring The system will be continuously monitored through a web-based monitoring service. This service allows the contractor to monitor the performance of a system down to a single module/micro-inverter. If a problem occurs, the website will automatically contact the contractor via email. In addition, the contractor monitors the website daily for potential problems. If problems are identified by this remote monitoring, then repairs/service will be performed as necessary. Preventive Maintenance Quarterly inspection of all electrical components (including system disconnects), modules, and module racking will be performed. Repairs will be made to the system as necessary. The site fence will be inspected to ensure access to the system is restricted. Stormwater will be controlled through the installation of a drainage basins and the planting of native vegetation. The stormwater control system, including catch basins, will be inspected quarterly. Blockages will be cleared and catch basins cleaned as necessary. The site will be inspected for soil erosion each quarter. Erosion problems will be repaired as appropriate. Vegetation control within the array footprint will be maintained by mechanical means (brush-hog mowing). Module Cleaning/Snow Removal If the modules are noticeably fouled during inspection or system performance has decreased based on remote monitoring, then cleaning may be required. The need for module cleaning will be determined based on the loss of the efficiency of the system and professional judgment. The modules will be angled at approximately 25° angle and are designed to shed snow. Thus snow removal is not anticipated. t My Generation Energy Quarterly Inspection Checklist PV Installation at 180 Airport Way, Hyannis, MA 02601 Date By ❑ Gate and access is lin good condition ❑ Perimeter fence is in good condition ❑ Stormwater basin is free of debris I ❑ Catch basins free of siltation ❑ Grates, catch basins, and gate valves in good condition ❑ Vegetation in buffer area is maintained, not impeding solar access ❑ Switch gear is operational and in good condition ❑ Monitoring equipment area is in good condition ❑ Main Combiner Panel is in good condition ❑ Sub-array structures are in good condition (mechanical, corrosion, grounding) ❑ Sub-array cabling/connectors are in good condition (UV exposure, physical damage) ❑ Sub-array combiner panels are in good condition ❑ Panels are in good condition (mechanical, cleanliness, corrosion) ❑ Inverters are in good condition (indicator lights, corrosion) Notes: 2 P120JECT NAME: �., AZU Imo. �L. ADDRESS: wC�C� r t PERMIT# PERMIT DATE: M/P: LARGE ROLLED PLANS ARE IT: BOA SLOT �. Data entered in MAPS program on: By: � i