Old Mill residents are dubious but nonetheless looking forward to the impending Devens Enterprise Commission’s long-awaited formal vote on July 14 at 6:45 p.m. At stake is their health, they say, and Evergreen Solar’s temporary Certificate of Occupancy, due to expire on July 15. All DEC votes are by a majority of a quorum (seven DEC members); the commission has nine members and three alternates.
A DEC vote to renew Evergreen Solar’s occupancy permit would indicate that the majority of the commission believes that the Barnum Road manufacturer has been acting in good faith to resolve noise pollution issues and neighbors’ formal complaints going back to February. Rescinding the permit would be tantamount to closing the more-than-$400-million facility.
Late-breaking news on July 13, however, points to the likelihood of a settlement being reached, with input from the Harvard Board of Selectmen and aggrieved neighbors.
“We have a framework for an agreement—a settlement is taking shape,” said DEC director Peter Lowitt. Details will not be available until presented in the meeting for a vote. He confirmed that an extension of the CO is included in the agreement.
As DEC commissioner and Harvard resident Jim DeZutter warned his colleagues at DEC’s July 9 meeting, failure to renew would expose DEC to the threat of litigation. DEC can also impose fines because conditions stated in the May 26 notice of violations have not been remedied by June 29. A fine of $300 per day per infraction can kick in, if DEC chooses to impose them. Evergreen is also on notice that the agency will not issue a permanent occupancy permit until the violations to its Industrial Performance Standards for noise are corrected. DEC can also place a time restriction on the expiration date of a temporary CO.
The special meeting date was set at the regular DEC public meeting on July 9, as the members agreed that they did not have sufficient information at the time to make the decision. Resident John Cox was credited by Lowitt with finding mechanical engineer Doug Hallam over the Fourth of July, who has been hired to answer several questions: Why can’t Evergreen ramp down their operations to lower the noise? Was the offending equipment at the rear of the building properly installed according to specifications? Is the equipment located where it should be, per the approved as-built plans?
DEC expects answers, plus more information on mechanical systems and their expected functions. It is also awaiting the input of Devens Building Inspector Gabe Vellante.
Lowitt told the crowd assembled that DEC representatives had met with Evergreen, general contractor Turner Construction, the newly hired mechanical engineer, DEC’s noise consultant Doug Sheadel , the Department of Environmental Protection, “a legislative delegation,” and MassDevelopment, the lessor of the property.
“Late last night [July 8] we received a proposed negotiated settlement [from Evergreen Solar] that we haven’t had the opportunity to review,” said Lowitt. “We don’t have all the information.” He also said he had just received, prior to the 7:30 a.m. meeting, letters from the Perrys and Jay Wallace of Dunroven Farm. A report from the newly hired mechanical engineer was also forthcoming, as was a report from the noise consultant, and an affidavit from Evergreen on noise attenuation measures it has taken.
“We want to review all to make a decision that weighs the evidence and is appropriate for this process.” Lowitt then ordered that all forthcoming information be made available to DEC by close of business on July 10 so that members would have the weekend to assimilate it for Tuesday’s vote.
“We have all this information that it’s all built in accordance with the plans, so why all this noise?” asked DEC chairman Bill Marshall. “This is the item we’re all wrestling with.”
“They don’t seem to get how important this situation is,” said member Lisa McLaughlin.
A group of about 40 concerned neighbors, plus Harvard Board of Health member Jack Spero, selectmen Ron Ricci and Leo Blair and a contingent from Evergreen Solar listened for 20 minutes to deliberations. Blair has recently asked that the state-of-the-art facility be shut down until it reaches compliance with DEC-approved sound levels.
Neighbors contained themselves as they heard DEC resolve to postpone what is promised to resolve Evergreen’s fate at Devens. After the meeting, Old Mill Road resident Janice Perry, who lives in a location designated a “noise-sensitive sound receptor,” was disgusted. “I’m sick,” she said. “Just look at me! I can’t sleep. This is pretty disheartening.” Perry also said that Evergreen’s attorney had promised to find lodging for distressed neighbors and would soon contact them. “He hasn’t,” she said, “and we can’t even open the windows.” Husband Cappy Perry complained bitterly of DEC’s inaction and its refusal to look out for the health implications from the ongoing assaultive sound experienced by neighbors. “It’s just more of the same.”
Comments from Evergreen Solar had not been received as of July 13, but are anticipated on July 14. Additional documents, including a letter from the Harvard Board of Selectmen, were expected to be added to DEC’s website, http://unixweb.choiceone.net/d/e/devensec.com/news.html.
