Park City Wind Zoning

D.P.U. 24-48: Petition of Park City Wind LLC Pursuant to G.L. c. 40A, § 3 for Exemptions from the Operation of the Zoning Ordinance of the Town of Barnstable for an approximately 1 Acre Parcel Located at 6 Shootflying Hill Road in the Town of Barnstable, Massachusetts. Park City Wind LLC (“Park City Wind” or “Company”) has filed with the Department of Public Utilities (the “Department”) a petition seeking individual and comprehensive zoning exemptions from the operation of the Zoning Ordinance of the Town of Barnstable, Massachusetts (the “Zoning Petition”). The purpose of the zoning exemptions is for the construction and operation of an access road at on an approximately one-acre parcel at 6 Shootflying Hill Road in the Town of Barnstable (“the Parcel”) to provide access to a substation to be located at 8 Shootflying Hill Road (the “Substation”). The Energy Facilities Siting Board (the “Siting Board”) previously approved the construction and operation of the Substation, as part of the “New England Wind 1 Connector,” by a Final Decision issued in EFSB 20-01/D.P.U. 20-50/20-57 on December 15, 2023 (the “EFSB Approval”).

Order

The Department issued its order in this proceeding on February 10th, 2025.  The order can be found at the following link. 

Evidentiary Hearing

Topic: D.P.U. 24-48 Park City Wind LLC Evidentiary Hearing

The Siting Board held an evidentiary hearing on the above-referenced matter on Tuesday, November 19th, 2024. The hearing was be held virtually by Zoom and started at 10:00 am and concluded no later than 5:00 pm.

Video recordings of the hearing can be accessed at the DPU YouTube channel. 

Public Comment Hearing

The Department conducted a public comment hearing with both in-person and remote participation options at 6:30 PM, Tuesday June 18, 2024.

The public comment hearing was transcribed by a court reporter.  A recording of the public comment hearing has been posted to the Department’s YouTube channel after the hearing, at Massachusetts Energy Facilities Siting Board - YouTube.

A copy of the full notice is now available.

Project Information

Park City Wind LLC (“Park City Wind” or “Company”) has filed with the Department of Public Utilities (the “Department”) a petition seeking individual and comprehensive zoning exemptions from the operation of the Zoning Ordinance of the Town of Barnstable, Massachusetts (the “Zoning Petition”).  

The purpose of the zoning exemptions is for the construction and operation of an access road on an approximately one-acre parcel at 6 Shootflying Hill Road in the Town of Barnstable (“the Parcel”) to provide access to a substation to be located at 8 Shootflying Hill Road (the “Substation”).  

The Energy Facilities Siting Board (the “Siting Board”) previously approved the construction and operation of the Substation, as part of the “New England Wind 1 Connector,” by a Final Decision issued in EFSB 20-01/D.P.U. 20-50/20-57 on December 15, 2023 (the “EFSB Approval”).

Zoning Petition

The Department will review the Zoning Petition to determine whether the zoning exemptions should be granted, and if the proposed use of the Parcel is reasonably necessary for the convenience or welfare of the public, pursuant to G.L. c. 40A, § 3.  A map of the Parcel is provided below; the Parcel is identified as “6 Shootflying Hill Road.”

The Parcel will be used to provide improved vehicular access to the Substation for construction vehicles and emergency vehicles and allows the entrance to the Substation to be located further away from residences west of the Substation site.  Additionally, use of the Parcel for access purposes will reduce site elevations for the Substation by up to ten feet compared to the original Substation design, reducing the need to import fill to raise the site elevation.  The Company is not proposing any substation equipment or other electric infrastructure for the Parcel.  The Zoning Petition does not propose any changes to the New England Wind 1 Connector as described within the EFSB Approval.  No additional zoning relief is sought for 8 Shootflying Hill Road or for any other component of the New England Wind 1 Connector. 

 Figure 1: THE PROJECT

Intervention & Participation

Persons or groups who wish to be involved in the Department proceeding, beyond providing comments at the public comment hearing or submitting written comments, may seek either to intervene as a party or to participate as a limited participant.  A petition to intervene or participate must be filed no later than Wednesday July 3, 2024, and follow the instructions provided below.

“Intervenor” of “Party” Status: An intervenor can participate fully in the evidentiary phase of the proceeding, including the right to participate in evidentiary hearings, file a brief, and appeal the final order. 

“Limited participant” status: A limited participant receives documents during the proceeding and may file a brief.

Any person seeking intervenor or limited participant status in this proceeding must file by July 3, 2024.  A petition to intervene must demonstrate that the petitioner may be substantially and specifically affected by this proceeding.  See below for filing instructions.  For additional information, please click here for the Department’s procedural rules. 

Filing Instructions

Written comments on the Zoning Petition, or a petition to intervene or participate as a limited participant in this proceeding, must be filed in two places:

First, the comments or petition must be sent to the Department by email - to [e-mail] - AND to [e-mail] - no later than the close of business on July 3, 2024.  The text of the e-mail must specify: (1) the docket number of the proceeding (D.P.U. 24-48); (2) the name of the person or entity submitting the filing; and (3) a brief description of the document.  The email should also include the name, title, and telephone number of a person to contact in the event of questions about the filing.  Second, the comments or petition must be sent by email to counsel for Park City Wind: Zachary Gerson, Esq., at [e-mail] and Aaron Lang, Esq. at [e-mail].

Accommodation Requests

Reasonable accommodations for people with disabilities (e.g., Braille, large print, electronic files, audio format) are available upon request.  Include a description of the accommodation you will need and a way we can contact you if we need more information. 

Please provide as much advance notice as possible.  Last minute requests will be accepted, but we may be unable to fulfill the request.  Please contact the Department’s ADA coordinator at [e-mail]

Interpretation services are available upon request.  Include in your request the language required and a way to contact you if we need more information.  Requests were to be made no later than June 7, 2024.  It may not be possible to accommodate last-minute requests.  Contact the Hearing Officer (contact information below).

Non-Discrimination Notice

The Department complies with applicable state and federal civil rights laws and does not discriminate on the basis of sex, race, color, religion, creed, national origin (including limited English proficiency), gender identity, income, class, disability, age, sexual orientation, ethnicity, genetic information, ancestry, or status as a veteran.  

The Department does not exclude people or treat them differently because of sex, race, color, religion, creed, national origin (including limited English proficiency), gender identity, income, class, disability, age, sexual orientation, ethnicity, genetic information, ancestry, or status as a veteran.  

See the following for the Department’s Non-Discrimination Notice. 

Contact

For further information about the proceeding, please contact the Hearing Officer at the address or telephone number below:

Connor C. Tarr, Esq., Hearing Officer

Massachusetts Department of Public Utilities

One South Station, 3^rd Floor

Boston, MA 02110

[e-mail]

[phone]