Burrillville Zoning Board

September 13, 2016September 13, 2016

Burrillville files motion to dismiss Invenergy application

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Because Invenergy “has either refused or is unable to provide timely information regarding its proposed water supply… its Application should… be dismissed” writes Attorney Michael McElroy, representing the Town of Burrillville, in a motion filed with the Energy Facilities Siting Board (EFSB) today.

Invenergy is proposing to build a $700 million fracked gas and diesel oil burning power plant in Burrillville, a project that has the support of both Governor Gina Raimondo and the Providence Journal. The residents of Burrillville and every environmental group in Rhode Island oppose the plan.

Invenergy’s original plan was to pump water from a well contaminated with MTBE, but on Aug 19 the Pascoag Utility District voted unanimously to deny Invenergy access to that water. Under EFSB rules and the Act that established the EFSB, “Applications must include information regarding all required support facilities, including water resources.” Without such information, writes McElroy, “The Application cannot be evaluated in a meaningful way.”

McElroy’s motion to dismiss also notes that the Town of Burrillville, the Burrillville Planning Board and the Burrillville Zoning Board of Review “have formally requested information regarding Invenergy’s water source on multiple occasions” and that “Invenergy repeatedly promised to provide such information, but to date has failed to do so.”

“In fact,” writes McElroy, “in a Motion for Extension filed by Invenergy last Friday, Invenergy stated that its ‘expects’ to have a water source ‘within the coming weeks.’ This is uselessly vague.

Jerry Elmer, Senior Attorney for the Conservation Law Foundation (CLF), “supports the Town of Burrillville’s Motion to Dismiss the Invenergy case, which was filed today. In fact, CLF has been preparing its own Motion to Dismiss on the same grounds as the Town’s Motion: The Energy Facility Siting Board (EFSB) process cannot go forward without the required Advisory Opinions from the Town; and the Town cannot prepare the required Advisory Opinions because Invenergy has failed to provide legally required information.

“Invenergy’s application to build a new fossil fuel power plant in Burrillville is incomplete, and the EFSB must dismiss the application. CLF argued its first Motion to Dismiss last January because Invenergy’s application was incomplete then; and CLF will continue to argue the same point now: Invenergy’s application remains incomplete. It is past time for the EFSB to dismiss this case.”

August 31, 2016

Burrillville Zoning Board votes ‘No’ on Invenergy

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Ray Cloutier, chair of the Burrillville Zoning Board, ripped Invenergy‘s plans for a $700 million fracked gas and diesel oil burning power plant to shreds Tuesday evening as he lead the board in a unanimous decision to reject the company’s application in their advisory opinion to the Energy Facilities Siting Board (EFSB). Cloutier called Invenergy’s plans to use “up to a million gallons of water” per day “totally irresponsible” saying that future growth and development in the town would be curtailed. “That’s totally irresponsible,” he said.

The Burrillville Zoning Board has been tasked by the EFSB to deliver an advisory opinion. The Zoning Board based much of their decision on the work done by the Burrillville Planning Board. The EFSB can give the advisory opinion as much or as little weight as they choose. They can adopt the opinion in whole or in part, modify the opinion or simply ignore it.

But the opinion, based on strong research and hours upon hours of expert and community testimony, should not be considered lightly. Cloutier maintained that Invenergy has avoided providing the board with requested answers.

“Due to… a lack of concrete information, we, the board, have asked in several different ways, several different times, for concrete information from this company, and they’ve either ignored our questions, or evaded them, or answered in a very vague manner,” said Cloutier, “We’ve gotten no definite answers, as far as I can tell, on anything.

“We have no plans. Nothing that we can read.”

One big stumbling block is the water. Cloutier said:

The big question, and we’ve asked this over and over again, available water supply. There is no water supply. As a matter of fact, they’ve been denied any water from anybody in this town. And if they were to attempt to drill a well, and draw from the ground water, it would seriously deplete the aquifer in the whole town.

“It would stop any further development. It would cripple the town from developing anything further after this. There’s no guarantee that there’s enough water for [Invenergy]. I’ve heard that there’s up to a million gallons of water per day demand at times for this plant. That’s totally irresponsible.

“This town would be facing a public water moratorium on future village growth if this is approved. It’s unbelievable that we’d consider that.”

The meeting started off contentiously. Burrillville residents, worried about the outcome of the opinion, quickly hijacked the meeting, demanding the opportunity to speak publicly. Cloutier appeared frustrated at times and admonished the crowd to be respectful. But in the end Cloutier thanked residents for their patience during the difficult process.

Invenergy’s lawyer Elizabeth Noonan actually lost her cool as members of the audience interrupted her, saying, “People, really, I’m trying to address the board member, could you give me a- little quiet?” One woman in the audience shouted, “No!” Noonan countered, “I don’t speak when you speak.” She then gave up trying to speak and put down her microphone.

With the decision of the Burrillville Zoning Board made, this part of the EFSB process has come to a close. The EFSB is still waiting on final advisory opinions from the Department of Health and the Department of Environmental Management.

Here’s Stephanie Sloman‘s testimony on low octave noise, which Cloutier found very compelling:

Here’s the full meeting:

July 13, 2016July 15, 2016

Police remove Burrillville residents from zoning board meeting

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The Burrillville Zoning Board meeting on Tuesday night became tense when Burrillville resident John Anthony Scott, an outspoken opponent of Invenergy’s proposed $700 million fracked gas and diesel oil burning power plant, attempted to play some video of the noise made by the Spectra Energy compressor station.

One of the many issues regarding the proposed power plant is the noise generated by the build up of fracked gas infrastructure in the area.

“Can we have the security stop this?” asked zoning board chair Raymond Cloutier, at which point four or five police officers descended and peacefully removed Scott from the podium, before escorting him out of the auditorium.

“So you’re surpresssing our first amendment rights,” said Scott, “I’m going to make sure I tell the news channels that. I’ll post it all over social media.”

According to Sally Mendzela, who attended the meeting,

“John Anthony Scott and Nicholas Cook set up huge speakers on the stage. The meeting started with regular business and then went on to public comment. Every speaker had to be sworn in. At some point, Burrillville Town Council attorney Oleg Nikolyszyn or Ray Cloutier, the zoning board chair, asked who had put the speakers up there. Nicholas and John were fetched and then all hell broke loose. They wanted to play a video John’s wife had of the pressure release from the compressor station.

“Oleg got all fired up about the difference between decibels and megahertz and said he would not allow Cook and Scott to play the video or audio recording.

“Cloutier had the five cops present come down front, all with the audience screaming and whatnot. John and Nicholas picked up the speakers and headed out with the cops.”

Edit: John Scott issued a statement in which he points out that “I have & always had a great relationship with the Burrillville Police… After the video… Nick & I left freely to go put equipment away in his car then returned to watch the rest of the meeting listening & supporting our family & friends residents & community!”

Some time after Scott and Cook were escorted out, Burrillville resident and power plant opponent Jeremy Bailey spoke to the board. He took the opportunity to hum to the board, to approximate the sound they might have heard if they had listened to the video and audio.

Both Bailey and John Scott have announced that they are running for positions on the Burrillville Town Council.

During a blow off, which happens several times a year, large quantities of methane and other chemicals are released directly into the atmosphere. The sound approximates a commercial jet airliner taking off.