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STATE OF VERMONT PUBLIC SERVICE BOARD Petition of Entergy Nuclear Vermont Yankee, ) LLC, and Entergy Nuclear Operations, Inc., ) For a Certificate of Public Good Pursuant to ) 30 V.S.A. § 248 and 10 V.S.A. § 6522 to ) PSB Docket No. Construct a Second Independent Spent Fuel ) Storage Installation (“ISFSI”) at the Vermont ) Yankee Nuclear Power Station ) SUMMARY OF TESTIMONY AND EXHIBITS OF HARRY L. DODSON Mr. Dodson’s testimony evaluates the impacts upon aesthetics, natural areas and historic sites associated with the construction of a second dry-fuel-storage pad, or Independent Spent Fuel Storage Installation (“ISFSI”) adjacent to and west of the existing ISFSI storage pad that is adjacent to the north side of the reactor building. His testimony also includes evidence relevant to certain Act 250 criteria, including impacts on shorelines, public investments and views of the Second ISFSI from certain viewpoints in the area, including the Connecticut River. Finally, his testimony addresses whether continued operation of the VY Station will unduly interfere with the orderly development of the region. Mr. Dodson sponsors the following exhibits: Exhibit EN-HLD-1 Resume of Harry L. Dodson Exhibit EN-HLD-2 Aerial Photo depicting locations of Governor Hunt House and Vernon Grange Exhibit EN-HLD-3 Aerial Photo depicting proposed location of the Second ISFSI Exhibit EN-HLD-4 Viewshed Analysis Map showing Second ISFSI visibility from surrounding areas – Scenario 1 Exhibit EN-HLD-5 Viewshed Analysis Map showing Second ISFSI visibility from surrounding areas – Scenarios 2 and 3 Exhibit EN-HLD-6 Terrain Model of the Project Area Exhibit EN-HLD-7 Photographs of Existing Conditions JP-HLD-5. Prefiled Testimony of Harry L. Dodson Docket 8300 with exhibits

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Page 1: DOCS-#887440-v7-Prefiled Testimony of Harry L. Dodsonnecnp.org/wp/wp-content/uploads/2017/01/JP-HLD-5.Docket-8300.Pr… · Exhibit EN-HLD-1 Resume of Harry L. Dodson Exhibit EN-HLD-2

STATE OF VERMONT PUBLIC SERVICE BOARD

Petition of Entergy Nuclear Vermont Yankee, ) LLC, and Entergy Nuclear Operations, Inc., ) For a Certificate of Public Good Pursuant to ) 30 V.S.A. § 248 and 10 V.S.A. § 6522 to ) PSB Docket No. Construct a Second Independent Spent Fuel ) Storage Installation (“ISFSI”) at the Vermont ) Yankee Nuclear Power Station )

SUMMARY OF TESTIMONY AND EXHIBITS OF HARRY L. DODSON Mr. Dodson’s testimony evaluates the impacts upon aesthetics, natural areas and historic sites associated with the construction of a second dry-fuel-storage pad, or Independent Spent Fuel Storage Installation (“ISFSI”) adjacent to and west of the existing ISFSI storage pad that is adjacent to the north side of the reactor building. His testimony also includes evidence relevant to certain Act 250 criteria, including impacts on shorelines, public investments and views of the Second ISFSI from certain viewpoints in the area, including the Connecticut River. Finally, his testimony addresses whether continued operation of the VY Station will unduly interfere with the orderly development of the region. Mr. Dodson sponsors the following exhibits: Exhibit EN-HLD-1 Resume of Harry L. Dodson Exhibit EN-HLD-2 Aerial Photo depicting locations of Governor Hunt House and

Vernon Grange Exhibit EN-HLD-3 Aerial Photo depicting proposed location of the Second ISFSI Exhibit EN-HLD-4 Viewshed Analysis Map showing Second ISFSI visibility from

surrounding areas – Scenario 1 Exhibit EN-HLD-5 Viewshed Analysis Map showing Second ISFSI visibility from

surrounding areas – Scenarios 2 and 3 Exhibit EN-HLD-6 Terrain Model of the Project Area Exhibit EN-HLD-7 Photographs of Existing Conditions

JP-HLD-5. Prefiled Testimony of Harry L. Dodson Docket 8300with exhibits

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Exhibit EN-HLD-8 Photo Simulation of the proposed Second ISFSI storage pad – Scenario 1

Exhibit EN-HLD-9 Photo Simulation of the proposed Second ISFSI storage pad –

Scenario 2 Exhibit EN-HLD-10 Photo Simulation of the proposed Second ISFSI storage pad –

Scenario 3 Exhibit EN-HLD-11 2009 Vernon Plan Excerpts Exhibit EN-HLD-12 Windham Regional Plan Excerpts Exhibit EN-HLD-13 Town of Hinsdale Master Plan Excerpts

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Petition of Entergy VY for Second Independent Spent Fuel Storage Installation Prefiled Testimony of Harry L. Dodson

PSB Docket No. __________ June 30, 2014

Page 1 of 27

STATE OF VERMONT PUBLIC SERVICE BOARD

Petition of Entergy Nuclear Vermont Yankee, ) LLC, and Entergy Nuclear Operations, Inc., ) For a Certificate of Public Good Pursuant to ) 30 V.S.A. § 248 and 10 V.S.A. § 6522 to ) PSB Docket No. Construct a Second Independent Spent Fuel ) Storage Installation (“ISFSI”) at the Vermont ) Yankee Nuclear Power Station )

PREFILED TESTIMONY AND EXHIBITS OF HARRY L. DODSON

Q1. Please state your name, occupation and business address. 1

A1. My name is Harry L. Dodson. I am a principal at Dodson and Flinker, Inc., landscape 2

architects and planners. 3

4

Q2. Please describe your educational background and professional experience. 5

A2. I received a master’s degree in landscape architecture from the Harvard Graduate School 6

of Design in 1980. I was chief landscape architect at the Massachusetts Department of 7

Environmental Management from 1980 to 1986 where I co-authored the Massachusetts 8

Landscape Inventory, the first comprehensive, state-wide scenic landscape inventory in 9

the United States. In 1986 I founded Dodson Associates, Ltd., (now, Dodson and Flinker, 10

Inc.), where I have completed over 20 visual evaluation and assessment projects 11

including: the development of New York State's coastal scenic assessment methodology 12

for the New York Department of State; the Hudson River Scenic Landscape Assessment; 13

the East Hampton, NY Scenic Landscapes Preservation Plan; Scenic Byways Assessment 14

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Petition of Entergy VY for Second Independent Spent Fuel Storage Installation Prefiled Testimony of Harry L. Dodson

PSB Docket No. __________ June 30, 2014

Page 2 of 27

Programs for Vermont, Nevada and British Columbia and the visual assessment of a 1

major development proposal in the Adirondacks for the Adirondack Council in 2011. I 2

have testified on numerous occasions on aesthetic impacts before Vermont Act 250 3

district commissions, the former Environmental Board, the Adirondack Park Agency 4

Board and the Vermont Public Service Board, including providing the 2003 Vermont 5

Yankee Uprate Plume Visual Analysis in Docket No. 6812 and testifying as the 6

intervening parties' aesthetic witness regarding the UPC Sheffield Wind Turbine Complex 7

in Docket No. 7156. Exhibit EN-HLD-1 is a copy of my resume. 8

9

Q3. Have you previously testified before the Board on behalf of Entergy Nuclear Vermont 10

Yankee? 11

A3. Yes. I provided testimony for Entergy Nuclear Vermont Yankee, LLC, and Entergy 12

Nuclear Operations, Inc. (to which I refer in my testimony as “Entergy VY”), in Docket 13

6812 regarding the Vermont Yankee (or “VY Station”) Uprate Plume Visual Analysis. I 14

also testified in Dockets 7440 and 7862. 15

16

Q4. What is the purpose of your testimony? 17

A4. Entergy VY is proposing to construct a second Independent Spent Fuel Storage 18

Installation (or “ISFSI”) storage pad, which I will refer to as the “Second ISFSI” or the 19

“Project.” I have been retained by Entergy VY to address the Project’s impacts upon 20

aesthetics and historic sites under 30 V.S.A. § 248(b)(5) and the orderly development of 21

the region under 30 V.S.A. § 248(b)(1). 22

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Petition of Entergy VY for Second Independent Spent Fuel Storage Installation Prefiled Testimony of Harry L. Dodson

PSB Docket No. __________ June 30, 2014

Page 3 of 27 Aesthetics and Historic Sites 1

Q5. Please describe the proposed changes to the VY Station in connection with the Project. 2

A5. As currently planned, the Project involves the installation of a Second ISFSI storage pad, 3

measuring approximately 93 feet by 76 feet, and a 200 kW diesel generator. The pad will 4

be located inside of the Protected Area (or “PA”) of the VY Station, approximately 30 5

feet to the west of the existing ISFSI storage pad. The 200 kW diesel generator will be 6

located west of the proposed Second ISFSI pad. The Project also involves removing the 7

existing North Warehouse and existing 175 kW diesel generator. George Thomas’s 8

testimony provides a detailed description of the Project. 9

The Second ISFSI storage pad will be constructed with a finished elevation two 10

feet above site grade. As currently planned, the Second ISFSI storage pad is sized for an 11

additional 25 cask spaces in a five-by-five arrangement. The casks that will be stored on 12

the Second ISFSI storage pad are identical in appearance to those on the existing ISFSI 13

storage pad. Each cask is approximately 11 feet in diameter and slightly over 18 feet tall, 14

set on an ISFSI pad that is two feet above site grade. The new 200 kW diesel generator 15

will be located west of the Second ISFSI storage pad and will be housed in a metal 16

enclosure/foundation base, measuring approximately 12 feet high, 12 feet wide and 35 17

feet long. The enclosure will have a ventilation hood with an approximately five foot 18

overhang installed along the south side of the enclosure. 19

20

Q6. Please describe the examination that you undertook of the Project and proposed changes 21

you described. 22

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Petition of Entergy VY for Second Independent Spent Fuel Storage Installation Prefiled Testimony of Harry L. Dodson

PSB Docket No. __________ June 30, 2014

Page 4 of 27 A6. I first reviewed all relevant available information on the proposed Project, including a site 1

survey prepared by SVE Associates and the testimony of Jeanne Vissering dated June 15, 2

2005, relative to her testimony in Docket 7082 on the aesthetic impacts of the first ISFI 3

storage pad. I also reviewed portions of my previous testimony in Docket 7862 relative 4

to the visual impacts associated with the continued operation of the VY Station. I also 5

visited the VY Station on Thursday, April 17th 2014, and met with George Thomas of 6

Entergy who escorted me around the plant. We discussed the Project and walked around 7

the area of the proposed Second ISFSI storage pad. I took photographs of the site and 8

surrounding area. Subsequently, I drove to Hinsdale, New Hampshire, where I walked on 9

the rail trail along the river’s edge opposite the VY Station and took photographs of the 10

facility from the perspective of the Connecticut River. 11

12

Q7. Are there any unique features of the area around the Second ISFSI that are particularly 13

important to your evaluation? 14

A7. Yes. The Second ISFSI will be located in close proximity to the existing ISFSI that the 15

Public Service Board authorized in Docket 7082. That existing ISFSI and the casks 16

stored on it forms an established backdrop against which the Project must be viewed. In 17

other words, the issue is not the impact of the Project on an otherwise open and 18

undeveloped space, but rather its impact on an area that already has an ISFSI and casks 19

located on it. 20

21

Q8. Please describe the analytical criteria you applied in reaching your conclusions. 22

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Petition of Entergy VY for Second Independent Spent Fuel Storage Installation Prefiled Testimony of Harry L. Dodson

PSB Docket No. __________ June 30, 2014

Page 5 of 27 A8. I applied the analytical criteria prescribed by the Quechee Analysis, as instructed by this 1

Board in its Order of January 28, 2005 in Docket No. 6860, as follows: 2

The Public Service Board has adopted the Environmental Board’s 3 Quechee analysis for guidance in assessing the aesthetic impacts of 4 proposed projects under Section 248. We have previously 5 explained the components of the Quechee analysis as follows: 6 7 In order to reach a determination as to whether the project will 8 have an undue adverse effect on the aesthetics of the area, the 9 Board employs the two-part test first outlined by the Vermont 10 Environmental Board in Quechee, and further defined in numerous 11 other decisions. 12 13 Pursuant to this procedure, first a determination must be made as to 14 whether a project will have an adverse impact on aesthetics and the 15 scenic and natural beauty. In order to find that it will have an 16 adverse impact, a project must be out of character with its 17 surroundings. Specific factors used in making this evaluation 18 include the nature of the project’s surroundings, the compatibility 19 of the project’s design with those surroundings, the suitability of 20 the project’s colors and materials with the immediate environment, 21 the visibility of the project, and the impact of the project on open 22 space. 23 24 The next step in the two-part test, once a conclusion as to the 25 adverse effect of the project has been reached, is to determine 26 whether the adverse of the project has been reached, is to 27 determine whether the adverse effect of the project is “undue.” 28 The adverse effect is considered undue when a positive finding is 29 reached regarding any one of the following factors: 30 1. Does the project violate a clear, written community standard 31 intended to preserve the aesthetics or scenic beauty of the area? 32 2. Have the applicants failed to take generally available mitigating 33 steps which a reasonable person would take to improve the 34 harmony of the project with its surroundings? 35 3. Does the project offend the sensibilities of the average person? 36 Is it offensive or shocking because it is out of character with its 37 surroundings or significantly diminishes the scenic qualities of the 38 area? 39

40

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Petition of Entergy VY for Second Independent Spent Fuel Storage Installation Prefiled Testimony of Harry L. Dodson

PSB Docket No. __________ June 30, 2014

Page 6 of 27

To complete my analysis, I first reviewed maps, aerial photos and surveys to 1

determine the topography, vegetation, land cover, water bodies, buildings and structures, 2

and historic sites at the VY Station and the surrounding areas in Vernon, Vermont, and 3

Hinsdale, New Hampshire. I then visited the VY Station and the surrounding area in both 4

Vermont and New Hampshire to determine the visibility of the proposed site and to 5

photograph the area. My colleagues and I then conducted a digital viewshed analysis 6

(Exhibits EN-HLD-4 and EN-HLD-5) using ArcMap 10.2 3-D Analyst in Visibility 7

mode. We obtained topographic data from Digital Elevation Models at 10-meter 8

resolution recorded in 2010. We obtained data on vegetation and forest coverage from 9

2011 aerial imagery at 0.3 meter resolution. I have assumed that existing vegetation will 10

remain in place. An analysis of these data sources allowed us to precisely determine the 11

visibility of the Second ISFSI storage pad, taking into account topography, vegetation, 12

water bodies and other factors relevant to the analysis. 13

My colleagues and I also prepared a terrain model (Exhibit EN-HLD-6) using 14

ArcMap 10.2.3 and Rhino 3-D4 to model the site and the surrounding area in three 15

dimensions. This allows the digital model of the proposed Second ISFSI storage pad to 16

be viewed from any location, height or viewpoint in order to precisely determine the 17

extent and characteristics of the Project’s future visual impacts. Based on this model, I 18

prepared a photo simulation of the proposed Second ISFSI storage pad from a viewpoint 19

opposite the VY Station on the banks of the river in Hinsdale. Understanding that the 20

ISFSI will likely remain at the site after the VY Station is decommissioned, I prepared 21

visual simulations under the following three scenarios: 22

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Petition of Entergy VY for Second Independent Spent Fuel Storage Installation Prefiled Testimony of Harry L. Dodson

PSB Docket No. __________ June 30, 2014

Page 7 of 27

Scenario 1: Photo Simulation of the Project with the VY Station in place as it 1

currently exists. (Exhibit EN-HLD-8) 2

Scenario 2: Photo Simulation of the Project without the buildings and structures 3

that will likely be removed during decommissioning. In this scenario, only the 4

ISFSI, 200 kW diesel generator, related security features, the PSB Building and 5

the Vernon Substation remain. (Exhibit EN-HLD-9) 6

Scenario 3: Photo Simulation of the Project without the buildings and structures 7

that will likely be removed during decommissioning, except certain facilities that 8

may remain for potential reuse of the site for a power generation facility. In this 9

scenario, the 115 kV and 345 kV Switchyards and the Intake and Discharge 10

Structures remain in addition to the structures in Scenario 2. 11

(Exhibit EN-HLD-10) Possible future industrial use of the site is not depicted in 12

Scenarios 2 or 3. 13

Scenario 1 is the default scenario for my analysis, as it represents the existing 14

condition of the Project’s surroundings. The photo simulation prepared for Scenario 1 15

was used as a base for the simulations in Scenarios 2 and 3. Using the PhotoShop 16

program, I deleted all structures and buildings proposed for removal. I then used the 17

PhotoShop program to insert site features currently masked by the VY Station buildings. 18

An analysis of aerial photos, surveys, topographic maps and site photographs determined 19

which site features would be visible following removal of structures after 20

decommissioning. The analysis determined that site features visible after 21

decommissioning the VY Station would consist mainly of existing mature, evergreen 22

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Petition of Entergy VY for Second Independent Spent Fuel Storage Installation Prefiled Testimony of Harry L. Dodson

PSB Docket No. __________ June 30, 2014

Page 8 of 27

trees and small areas of lawn or meadow that are currently blocked from view by the VY 1

Station buildings. The simulation also assumed 20 to 30 year growth and that areas not 2

required to be left open for security reasons would be re-vegetated. No commitments to 3

re-vegetate the VY Station site have been made by Entergy VY at this time. However, if 4

a structure is removed, grass at a minimum will need to be planted for erosion control 5

purposes. 6

7

Q9. Describe the characteristics of the Project’s surroundings, including the immediate area 8

and the larger viewshed area. 9

A9. The immediate surroundings of the Project consist of the VY Station. The turbine 10

building (and attached administration building) is located approximately 30 feet to the 11

south, and the existing ISFSI is located approximately 30 feet to the east. The existing 12

ISFSI is surrounded on the east and the north by a wooden screening wall approximately 13

22 feet above site grade. The site of the proposed Second ISFSI storage pad is 14

surrounded by chain-link security fence approximately 12 feet high, concertina wire 15

barrier approximately 8 feet high and occasional guard houses, lighting and security 16

towers. Several other chain link fences are located between the Project site and the 17

Connecticut River. The site is illuminated at night for security purposes. 18

The Connecticut River is located approximately 400 feet to the east of the Second 19

ISFSI storage pad on the other side of the existing ISFSI storage pad and the screening 20

wall. An interim, low-level radioactive waste storage site is located approximately 50 21

feet to the north. The existing concrete structures in that area are planned to be removed 22

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Petition of Entergy VY for Second Independent Spent Fuel Storage Installation Prefiled Testimony of Harry L. Dodson

PSB Docket No. __________ June 30, 2014

Page 9 of 27

in 2015. Grass and a stand of trees along the banks of the river are located to the north 1

and northwest of the low-level radioactive waste storage site. The 345 kV Switchyard is 2

located approximately 200 feet to the northwest, behind which is a steep, densely wooded 3

bluff approximately 20 feet in height. The area to the west and southwest of the Second 4

ISFSI storage pad includes security fencing and security structures, an office building, 5

roadways and paved staging areas. The steep, densely wooded bluff also forms a 6

backdrop to this area. In the larger viewshed, the Second ISFSI storage pad is relatively 7

small. Portions of the northern row of casks will be fully or partially visible from certain 8

areas of the Connecticut River and the immediate shoreline of the river’s bank in 9

Hinsdale, New Hampshire. The existing condition of the surrounding area is shown in 10

the aerial photos offered with my testimony as Exhibits EN-HLD-2 and EN-HLD-3. 11

12

Q10. What do you expect the surrounding area to look like after the VY Station is 13

decommissioned? 14

A10. As previously discussed, I prepared three scenarios for how the VY Station will look in 15

the future. The scenarios were prepared in consultation with Entergy VY Senior Project 16

Manager George Thomas. These scenarios were developed as an analytical tool for this 17

aesthetic evaluation only and do not definitively represent Entergy VY’s 18

decommissioning plans, which are still being finalized. 19

Under Scenario 1, and for as long as that scenario reflects the site’s state, the site 20

will remain essentially as it appears today. The main visual change will be that the vapor 21

plume from the cooling towers will no longer exist after the VY Station is no longer 22

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Petition of Entergy VY for Second Independent Spent Fuel Storage Installation Prefiled Testimony of Harry L. Dodson

PSB Docket No. __________ June 30, 2014 Page 10 of 27

operating. The construction of the proposed Project will result in a very minor visual 1

change, as shown in Exhibit EN-HLD-8. 2

Under Scenario 2, the site will undergo significant visual change, removing most 3

of the major buildings and returning portions of the site to a state that could include re-4

vegetation. As a result, the site may appear more open and possibly more natural, but 5

some visible industrial structures will remain including the ISFSI, the PSB office 6

building, the Vernon Substation and security infrastructure required for the ISFSI. The 7

Protected Area around the power block will be shrunk to the area immediately around the 8

ISFSI once the fuel has been moved to the pads. This condition is shown in Exhibit EN-9

HLD-9.1 The Vernon Substation is not shown in Exhibit EN-HLD-9 view because it is 10

not visible in most views of the proposed Second ISFSI storage pad. A number of other 11

existing features to remain after decommissioning, such as the access road and entrance 12

building, would not be visible from this viewpoint because of their configuration and the 13

presence of screening vegetation. 14

Scenario 3 is similar to Scenario 2 except that certain additional structures remain 15

that might be required for future industrial use of the site. These include the Intake and 16

Discharge Structures and the 115 kV and 345 kV Switchyards. Exhibit EN-HLD-10 17

shows the visual impacts of this scenario. 18

1 I understand that NRC regulations may require Entergy VY to install an additional security

barrier around the ISFSI storage pads after decommissioning. I also understand, however, that the exact nature and appearance of any such security barrier cannot be determined at this time because the NRC is still in the process of establishing the applicable regulatory requirements. Consequently, I have not included a security barrier in my simulations for Scenarios 2 and 3.

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Petition of Entergy VY for Second Independent Spent Fuel Storage Installation Prefiled Testimony of Harry L. Dodson

PSB Docket No. __________ June 30, 2014 Page 11 of 27

1

Q11. Based on your viewshed analysis, will the Project be visible from the surrounding area? 2

A11. The Second ISFSI storage pad and casks will be visible at a distance of up to a mile to the 3

northeast as a minor visual element within a much larger existing industrial complex in 4

Scenario 1. I refer to the area from which the Project will be visible to as the viewshed. It 5

consists of limited sections of the open water of the Connecticut River and portions of the 6

banks of the river in Hinsdale, NH. Some portions of the bluff along the river in 7

Hinsdale will have partial, screened views of the Second ISFSI storage pad and casks in 8

the wintertime. The bluff is steep, forested and approximately 40 to 60 feet in height. 9

Wooded hills in Hinsdale approximately two to three miles distant will not have 10

significant views of the Project due to their distance from the site, the relatively small 11

size of the Project and the fact that the hills are covered by dense forest. Some very 12

distant screened views of the Project may be available from steep, deciduous woodland 13

slopes in these hills in the winter, but the Project would hardly be perceptible from this 14

distance. For almost all viewers, the proposed Project will be a background view. 15

16

Q12. Does your assessment change after the VY Station is decommissioned assuming that the 17

site is not reused for commercial or industrial purposes? 18

A12. Yes. Views from the northeast of the proposed Second ISFSI storage pad and casks and 19

the 200 kW diesel generator will remain unchanged after decommissioning. But views of 20

the Project from the southeast will increase as a result of the removal of buildings that 21

currently block views of the Project from this area. However, visibility of the Project 22

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Petition of Entergy VY for Second Independent Spent Fuel Storage Installation Prefiled Testimony of Harry L. Dodson

PSB Docket No. __________ June 30, 2014 Page 12 of 27

from the southeast is very limited due to the fact that the Hinsdale shoreline and hills 1

from that vantage point are relatively inaccessible, undeveloped and densely wooded with 2

a large percentage of evergreen trees. Re-vegetation of portions of the VY Station could 3

also reduce or block views of the proposed project from the southeast. Access to the area 4

is very limited with no roads and few trails. Views from the water to the southeast are 5

also restricted by intervening bluffs. Even in areas where the proposed Project will be 6

visible, its visual impact will be minimal due to its relatively small size, the distance of 7

most viewers and the role of the bluffs in reducing the extent of views. 8

9

Q13. Will the Project be compatible with its surroundings? 10

A13. Yes. In Scenario 1, the Second ISFSI and the proposed generator will be one of many 11

other industrial components of varying shapes and sizes located in the vicinity of the 12

proposed Project. The immediate Project area and surrounding industrial buildings, 13

structures, parking lots, electricity switching stations and security installations are not 14

scenic. As yet one more industrial structure, relatively small in comparison with adjacent 15

structures, the proposed Project will be compatible with its surroundings. Areas to the 16

west and north of the Project include a large electrical switching station, a large parking 17

lot, an interim radwaste storage facility, security fences and structures and exterior 18

storage areas. Steep 20 feet high bluffs and the banks of the Connecticut River are 19

located approximately 350 to 400 feet east and northeast of the Second ISFSI storage pad 20

and 450 to 500 feet east and northeast of the proposed 200 kW diesel generator. 21

Intervening buildings, structures, screening walls, security fences and outdoor storage 22

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Petition of Entergy VY for Second Independent Spent Fuel Storage Installation Prefiled Testimony of Harry L. Dodson

PSB Docket No. __________ June 30, 2014 Page 13 of 27

areas in most cases isolate the Project from these natural surroundings. To the east of the 1

Project, vegetation has been removed from the banks of the river and the top of the bluff 2

for security reasons. To the northeast, a small forest of trees grows on the banks and top 3

of the bluff, serving to screen views of the Project. Existing buildings and structures 4

block views of the river to the east and the low level radwaste storage site, exterior 5

storage containers, security towers, light poles and security fencing partially screen the 6

Project to the Northeast. The site of the Project and surrounding facilities is flat with a 7

steep 20 feet bank descending to the Connecticut River to the East and a 20 feet high 8

wooded bluff rising above the site to the west. Areas outside the VY Station are scenic 9

but will have very limited or no views of the Project. 10

In Scenarios 2 and 3, many of the buildings and structures surrounding the 11

proposed Project will be removed and the site restored. This could result in a major 12

improvement to the visual quality of the site. It will also result in the remaining 13

structures and buildings, including the Second ISFSI storage pad being located in a less 14

intensely industrial setting, which will somewhat increase their visibility. However, the 15

retention of the security infrastructure, the PSB office building, the existing ISFSI storage 16

pad and casks and, in Scenario 3, the switchyards and Intake and Discharge structures 17

will retain the industrial character of the context of the proposed Project. In addition, the 18

relatively small size of the proposed Project, its limited visibility and the fact that it will 19

be in the background of almost all views will continue to ensure that the Project will have 20

very low visual impacts in all three scenarios considered. 21

22

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PSB Docket No. __________ June 30, 2014 Page 14 of 27

Q14. Will the colors and materials used in the Project be suited to its surroundings? 1

A14. Yes. Both the Second ISFSI and the proposed 200 kW diesel generator will be industrial 2

structures similar in design and much smaller in scale and mass to the other industrial 3

structures and buildings adjacent to and in the immediate vicinity of the Project. The 4

Second ISFSI storage pad is concrete with a low profile. The casks that will be stored on 5

the pad and the proposed 200 kW diesel generator will be metal. The casks will be 6

painted a warm, medium grey with a flat finish. This color blends the casks in with their 7

surroundings and reduces their visibility from off site in all three scenarios. The proposed 8

200 kW diesel generator enclosure will be painted white, a color also frequently used at 9

the VY Station. The generator enclosure will not be highly visible because it will be 10

approximately 12 feet above-grade, much lower than the casks, which will be 11

approximately 20 feet above-grade. Additionally, the generator will be located 100 feet 12

further away from the river. Its proposed white color will not make it highly visible from 13

off site. 14

15

Q15. In your opinion, will the Project have an adverse effect on the scenic or natural beauty of 16

the area, aesthetics or historic sites under Scenario 1? 17

A15. No, it will not. In Scenario 1, the Second ISFSI storage pad and the proposed 200 kW 18

diesel generator will be minimally visible from the surrounding area and will be similar 19

to the other industrial components of varying shapes and sizes located in and around the 20

VY Station. Even when they are visible from off site, the Second ISFSI storage pad and 21

the proposed 200 kW diesel generator will be seen as relatively small objects in a much 22

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larger industrial setting. The proposed pad, casks and generator will not be visible 1

outside the VY Station property except for a limited section of the Connecticut River and 2

the Hinsdale shoreline. From these areas, the Second ISFSI and 200 kW diesel generator 3

will be minimally visible and small in size and will blend in with the industrial 4

components of this industrial complex. The North Warehouse, which is being removed, 5

is much larger and more visually apparent than the proposed Second ISFSI storage pad 6

that will take its place. Existing security fencing will further reduce the visibility of both 7

the Second ISFSI storage pad and the proposed generator. The proposed Project will not 8

be visible from any of the surrounding historic sites such as the Vernon Grange or the 9

Governor Hunt House. 10

In sum, the proposed Project meets the Quechee Analysis for lack of adverse 11

visual impacts. The proposed Project will be in harmony with its surroundings (the VY 12

Station) and will fit into the context within which it will be located. Its design, colors and 13

materials will be compatible with its surroundings. It will be a visually minor element 14

seen from a limited area and by a limited number of viewers. The Project will have no 15

impacts on open space in the area because it will be built on an existing industrial site. 16

17

Q16. In your opinion, will the Project have an adverse impact on the aesthetics of the area after 18

the VY Station is decommissioned (Scenarios 2 and 3) assuming that the site is not 19

reused for commercial or industrial purposes? 20

A16. No, it will not. In Scenario 2 and somewhat less so in Scenario 3, most of the existing 21

buildings and structures on the site will be removed and the site may be restored and re-22

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vegetated except for the security zone around the ISFSI storage pads. In both scenarios, 1

the proposed Second ISFSI storage pad and the proposed 200 kW diesel generator will 2

continue to be minimally visible from most of the surrounding area, as I described 3

previously, and decommissioning will greatly reduce visual impacts on the river and the 4

Hinsdale shoreline, especially in Scenario 2 as shown in Exhibit EN-HLD-9. The 5

perceived visibility of the Project will increase somewhat in Scenario 2 because the 6

proposed Project, along with the PSB office building, the existing ISFSI storage pad and 7

casks, the remaining security infrastructure and the Vernon Substation, will be the only 8

remaining industrial structures on the site. In Scenario 3, the 115 kV and 345 kV 9

Switchyards and the Intake and Discharge Structures will also remain, somewhat 10

reducing the visual prominence of the proposed Project. In both scenarios, the Project 11

will still be a minor visual element within the larger complex of remaining industrial 12

structures and buildings.  13

As a result, in both Scenarios 2 and 3, the proposed Project meets the Quechee 14

Analysis for lack of adverse visual impacts. After decommissioning in both Scenarios 2 15

and 3, the proposed Project will be in harmony with its surroundings and the complex of 16

remaining buildings and structures and will fit into the context within which it will be 17

located. Its design, colors and materials will be compatible with its surroundings. It will 18

be minimally visible, because it will be a relatively small structure seen from a limited 19

area and by a limited number of viewers as described below. The Project will have no 20

impacts on open space in the area because it will be built on an existing industrial site. 21

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These factors outweigh the fact that the Project will be more visually apparent after the 1

removal of the adjacent VY Station buildings.  2

3

Q17. In your opinion, assuming arguendo that the proposed Project could be considered to 4

have adverse impacts, would the impacts be considered undue? 5

A17. No. In all three scenarios, the Project’s visual impacts will not be undue because: (1) it 6

does not violate a clear, written community standard; (2) it will not appear offensive to 7

the average person; and (3) Entergy VY has and will take steps to mitigate the Project’s 8

visual impacts. 9

10

Q18. Will the Project violate any clear written community standards applicable to scenic 11

resources in the Vernon Town Plan? 12

A18. No. The Vernon Town Plan (2009) makes several statements and adopts several policies 13

addressing issues related to aesthetic characteristics of the Town. Excerpts from the 14

Vernon Town Plan are provided as Exhibit EN-HLD-11. The Plan identifies several 15

sensitive sites along Governor Hunt Road, including the Old Grange, Town Offices, 16

Town School and Governor Hunt House. These structures are fully out of sight of the 17

Project. The aesthetic characteristics of the Project are consistent with the Town of 18

Vernon’s policies. 19

The applicable policies and my analysis follows: 20

Statement of Objectives (page 5) 21

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The Plan includes an objective to protect the rural character of the Town through careful 1

management and guidance of new development. The Project will be relatively small, 2

only portions of it will be visible and it will be located within the VY Station, an existing 3

facility. The Project will be minimally visible except from certain portions of the 4

Connecticut River and the Hinsdale, NH shoreline and bluffs. As a result, it will not 5

impact the rural character of the Town. 6

Water Courses and Shorelines (page 23) 7

The Project will have no physical or visual impact on the Connecticut River. The Project 8

will not be visible from the river’s shoreline in Vernon. 9

Scenic Resources (page 30) 10

Vernon enjoys a wide variety of scenic resources, many of which are typical of Vermont 11

settlements. These resources are a significant factor in the quality of life experienced in 12

Vernon. Many of these resources are highly sensitive and may be adversely impacted 13

through careless development. 14

The Project involves construction of relatively small structures within an existing 15

industrial facility. These structures will have limited visibility outside of the VY Station, 16

especially in Vernon. 17

18

Q19. Will the Project violate any clear written community standards applicable to scenic 19

resources in the Windham Regional Plan? 20

A19. No. The Windham Regional Plan (2006) contains several statements relating to visual 21

character, scenery and aesthetics. Excerpts from the Windham Regional Plan are 22

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provided as Exhibit EN-HLD-12. I believe that the Project is consistent with the intent of 1

each of the following recommendations. 2

Map: Regional Development Pattern 3

This map shows the VY Station site as a developed area. The Project would be 4

appropriately located within an existing, developed industrial site. 5

Scenic Resources (page 67) 6

This section identifies utility poles, telecommunications towers, gas stations and 7

streetlights as visually “incongruous with our scenic landscape.” The existing site 8

contains three of these elements reinforcing the fact that it is currently not a scenic area. 9

This section also discusses the problem of “sky glow” or light pollution. The VY Station 10

is already well lit for security reasons, but no additional lighting would be added as a 11

result of the Project. 12

Natural Areas, Fragile Areas and Wildlife Resources (pages 67-68) 13

As noted in John Goodell’s testimony, no significant ecological resources or rare, 14

threatened or endangered plant species are located on the site, and none would be 15

affected by the Project. 16

Transportation: Scenic Roads and Vermont Byways (page 115) 17

Vermont Route 142 and US Route 5 were designated Vermont Byways as part of the 18

larger Connecticut River Byway (or “CRB”) in 1999. The VY Station had been a part of 19

the Route 142 landscape for approximately 30 years when the Scenic Byway designation 20

was made. The Project will not be visible from any portion of the CRB. 21

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PSB Docket No. __________ June 30, 2014 Page 20 of 27

Policies: Downtown and Villages (page 30) 1

The Project will not be visible from the village and is appropriate in scale and design in 2

relation to its industrial setting. 3

W.R.P. Policies: Resource Lands (page 32) 4

The Project will not impact the resources described in Policy 12. Because it will be 5

located within an existing industrial facility, it will not affect the Resource Lands 6

described in Policy 16. 7

W.R.P. Policies: Scenic Resources (page 73) 8

The Project will not diminish views from the Connecticut River and the Hinsdale 9

shoreline, nor will it immediately improve them. But as an essential component of the 10

closure and decommissioning of the VY Station, the Project will enable the future 11

improvement of the scenic quality of the site assuming that it is not reused for 12

commercial or industrial purposes. 13

W.R.P. Policies: Cultural and Historic Resources (page 98) 14

The Project will have no adverse impacts on the historic character of the adjacent village 15

or on any historic buildings in the vicinity. 16

17

Q20. Have you also considered the Master Plan for the Town of Hinsdale, New Hampshire? 18

A20. Yes. The Project will be visible from several areas in Hinsdale. Therefore, I have also 19

reviewed the Master Plan for the Town of Hinsdale, New Hampshire (2003), which 20

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PSB Docket No. __________ June 30, 2014 Page 21 of 27

includes recommendations on a number of topics related to scenic resources. Excerpts of 1

the Master Plan are provided as Exhibit EN-HLD-13. The Plan records the following 2

statements: 3

Historical Sites and Points of Interest (page 19) 4

The Project will not be visible from any of the historic sites identified in the Hinsdale 5

Town Plan. 6

Recreation Policies (page 21) 7

Limited portions of the Project will be visible from portions of the Railway Recreation 8

Path, the Connecticut River shoreline and the river itself as shown on the viewshed 9

analysis map (Exhibit EN-HLD-6). The Project involves the construction of relatively 10

small structures immediately adjacent to the existing VY Station and viewed from the 11

Hinsdale shoreline and Railway Recreation Path at a distance ranging from 2,000 feet to 12

over a mile. 13

Goals and Objectives – Traffic and Transportation (page 67) 14

The Project will not impact the scenic qualities of Hinsdale’s roads. Distant, screened 15

views of the VY Station through the winter woods are technically possible from short 16

sections of Route 119, but from a practical standpoint the Project will not be visible from 17

this or any other Hinsdale road. 18

Conservation and Preservation: Objectives (pages 69-70) 19

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PSB Docket No. __________ June 30, 2014 Page 22 of 27

Preserve and protect agricultural lands, environmentally sensitive lands, and 1

historic structures to enhance the open space and retain the characteristics of 2

the Town. The Project will not affect any of these areas of concern. 3

Protect the scenic elements of the Town’s natural environment such as 4

waterbodies, streams, rivers, and viewsheds. The Project will not impact 5

Hinsdale’s scenic character because of its small size, its very limited visibility 6

and its distance from Hinsdale and because it will be a relatively small 7

component within an existing industrial facility. 8

9

Q21. In your opinion, will the Project offend the sensibilities of the average person? 10

A21. No. The Project will not be offensive to the sensibilities of the average person because of 11

its low height (approximately 20 feet above grade), limited visibility, and distance from 12

viewers and because it will appear to be an integral part of an existing industrial complex 13

in Scenario 1. After decommissioning (Scenarios 2 and 3), the proposed Project will also 14

not be offensive to the sensibilities of the average person. Many of the existing industrial 15

buildings will eventually be removed, but some of these areas may be re-vegetated, 16

possibly reducing or blocking views of the proposed Project from certain angles. Visible 17

elements of the existing industrial facility will remain such as the Vernon Substation, the 18

PSB Office Building, the existing ISFSI storage pad and casks, and the security 19

infrastructure (Scenario 2) and possibly the Intake and Discharge Structures, 115 kV and 20

345 kV Switchyards (Scenario 3). These buildings and structures will continue to create 21

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PSB Docket No. __________ June 30, 2014 Page 23 of 27

an industrial visual context for the proposed Project, reducing its ability to offend the 1

sensibilities of the average person. 2

3

Q22. Has Entergy VY taken generally available mitigating steps that a reasonable person 4

would take to improve the harmony of the proposed Project with its surroundings? 5

A22. Yes. Entergy VY has located the Project within the larger industrial facility so that it 6

blends in as another relatively small industrial component. The casks will be painted a 7

neutral, warm grey which is visually unobtrusive. The white color of the generator 8

blends with existing structures. In addition, the generator is low and minimally visible as 9

shown in the Terrain Model (Exhibit EN-HLD-6). 10

11

Q23. Do you propose any additional mitigation measures for this Project? 12

A23. I understand that many mitigating measures such as planting, creation of berms and 13

screening are impossible or very restricted by security requirements. Extending the 14

screening wall to the west would block views of the Second ISFSI storage pad but not the 15

generator from the northeast. Given the small relative size and limited visibility of the 16

Project from relatively narrow cones of vision to the northeast and southeast, as well as 17

the fact that it will be seen as an integral component of the adjacent industrial, 18

administrative and security buildings and structures, I do not believe that additional 19

mitigation measures for the Project are necessary. Extending the existing screening wall 20

would accomplish minimal visual mitigation while introducing a large, uniform visual 21

element into the scene. In my opinion, the visual impacts of extending the screening wall 22

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PSB Docket No. __________ June 30, 2014 Page 24 of 27

are greater than the impacts of the proposed Project and would detract somewhat from the 1

visual quality of the area. 2

3

Q24. Are there any identified historic sites in the proximity of the Project? 4

A24. Yes. The Governor Hunt House is located approximately 2,000 feet to the southwest, 5

and the Vernon Grange is located approximately 2,800 feet to the west of the Project as 6

shown in Exhibit EN-HLD-2. Both will have no views of the Project. Historic sites 7

across the river in Hinsdale include the Taylor Monument, the Liscom House and the Fort 8

Dummer Cemetary. These sites will also have no views of the Project. 9

10

Q25. Will the Project have an undue adverse impact with respect to those sites? 11

A25. No. It will not have undue adverse impacts on these historic sites because it will not be 12

visible from them. 13

14

Q26. Is any archeological review of the Project area required? 15

A26. No. The Project will be located in a previously developed industrial site. 16

17

Orderly Development of the Region 18

Q27. Will the Project unduly interfere with the orderly development of the region, with due 19

consideration having been given to the recommendations of the municipal and regional 20

planning commissions and legislative bodies and the land conservation measures 21

contained in the Vernon town plan? 22

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PSB Docket No. __________ June 30, 2014 Page 25 of 27

A27. No. In my opinion, the project will not unduly interfere with the orderly development of 1

the region. On the contrary, the Project is essential to the orderly and timely closure and 2

eventual dismantling of the VY Station. The Project will be essential to ensuring that this 3

process is orderly. Additional open space will be created as a result of decommissioning 4

the VY Station, addressing the environmental and open space components of the Town 5

plan. And other portions of the site and surrounding area will remain in industrial use 6

such as the Vernon Substation, the Vernon Dam, timber yards and quarries addressing the 7

plan’s economic goals. The Vernon Town Plan also recommends continued industrial use 8

of portions of the site which may be facilitated by preserving some of the VY Station’s 9

existing components, such as the Intake and Discharge Structures and the 115 kV and 345 10

kV Switchyards. 11

Letters supporting the proposed project and indicating that it will not unduly 12

interfere with the orderly development of the region or overburden municipal services 13

have been sent to Entergy by the Vernon Board of Selectmen (June 19, 2014), the Vernon 14

Fire Department (June 20, 2014), the Vernon Planning Board (June 25, 2014) and the 15

Windham County Sheriff’s Office (June 17, 2014). A memorandum dated June 13, 2014 16

to Entergy and the Vermont Public Service Board from the Windham Regional 17

Commission states in paragraph three that “We recognize the value in expeditiously 18

moving spent fuel from wet to dry storage, and have advocated for prompt movement of 19

spent fuel since our engagement in docket 7082 beginning in 2005. It is our hope that the 20

approval process for a second ISFSI will be transparent and swift and that whatever final 21

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PSB Docket No. __________ June 30, 2014 Page 26 of 27

Order is issued by the Board will serve regional interests.” The letters are sponsored by 1

Mr. Twomey as Exhibits EN-TMT-2 through 5. 2

3

Q28. Have you reviewed the Vernon Town Plan as it relates to the Project, including any 4

applicable land conservation measures? 5

A28. Yes. The Vernon Town Plan supports the preservation of rural scenic character, scenic 6

roads, natural resources, historic and environmental resources, and promotes downtowns 7

and villages. The plan’s Regional Development Map shows the VY Station site as an 8

existing developed area. The proposed project does not impact these policies. It is 9

minimally visible to small portions of the surrounding area. Because is proposed for an 10

existing industrial site, it will have no impacts on historic resources, villages and scenic 11

roads. 12

13

Q29. Have you reviewed the land conservation policies of the Windham Regional Plan? 14

A29. Yes. The Windham Regional Plan supports the preservation of rural scenic character, 15

scenic roads, natural resources, historic resources and environmental resources and 16

promotes downtowns and villages. The plan’s Regional Development Map shows the 17

VY Station site as an existing developed area. The proposed project does not impact 18

these policies. It is minimally visible to small portions of the surrounding area. 19

Because is proposed for an existing industrial site, it will have no impacts on historic 20

resources, villages and scenic roads. 21

22

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Q30. Does this conclude your testimony? 1

A30. Yes. 2

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Harry L. Dodson, FASLA, Landscape Architect

Professional ExperienceDodson & Flinker (formerly Dodson Associates)Landscape Architects & Planners, Ashfield, MassachusettsFounding Partner: 1986-Present. Founder and Senior Partner of diverse landscape planning and design practice with expertise in masterplanning, new town design, visual assessment and computer simula-tion, limited development, urban design, watershed protection, historic preservation and regional plan-ning. The firm has pioneered the use of site planning and design principles based on historic precedents and environmental sustainability to blend new development with the traditional patterns of communi-ties. Dodson Associates has developed a national reputation for both its planning as well as its imple-mented design and construction projects ranging from parks and conservation areas to schools and offices. The firm's range of services includes site design and construction observation for institutional, commercial and residential clients, large-scale site and facility masterplanning, urban design, land and subdivision planning, visual analysis, regional planning, open space conservation and recreation plan-ning.

Massachusetts Department of Environmental ManagementDivision of Planning & Development, Boston, MassachusettsChief Landscape Architect: 1980-86. Responsible for statewide masterplans, new construction and landscape restoration projects for this state natural resources agency. Responsible for acquisition plans, greenway planning for river systems, scenic landscape assessment and assistance in the establishment of the state wide geographic information system.

Academic Appointments

Department of Landscape Architecture & Regional PlanningUniversity of Massachusetts at Amherst, Amherst, MassachusettsAdjunct Professor: 1988-Present. Site design & landscape planning studio instruction, guest critic and lecturer.

Speaking Engagements

Harry Dodson is a frequent speaker at conferences, meetings and symposia on planning, design and growth management. Recent major addresses include: Preserving Town Character: Massachusetts His-toric Preservation Commission Conference; Fighting Sprawl: Alcan Lecture Series, Vancouver, Canada; Dealing with Change in the Connecticut Valley: Annual Meeting of the American Society of Landscape Architects, in Seattle and Baltimore; Regional Design: Regional Plan Association Conference, New York City; and Regional Design for the New York Region: Congress for the New Urbanism, San Francisco.

Exhibit EN-HLD-1 Page 1 of 2

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Dodson & Flinker | Harry L. Dodson: Resume Page 2 of 2

Awards

American Society of Landscape Architects: Merit Award in Analysis & Planning for the Buffalo Bayou Masterplan, Houston, TX (with ECO Plan).

American Institue of Architects: 1998 WMAIA Design Award for Sanderson Academy, Ashfield, Massachusetts (with Margo Jones Architects).

Boston Society of Landscape Architects: Merit Award for the Mansfield Training School Masterplan, adaptive re-use of a surplus state institution for conservation and housing.

American Planning Association: New England Chapter Planning Award for Dealing With Change in the Connecticut Valley (with the Center for Rural Massachusetts).

National Trust for Historic Preservation: Preservation Award for Dealing with Change in the Connecticut Valley (with the Center for Rural Massachusetts).

Boston Society of Architects: Boston Visions Competition Award for the Sapphire Necklace Plan (with Robert Yaro, Robert Gearheart, Daylor Consultants).

Copley Square National Design Competition: Commendation for Design Excellence for a plan for the renovation of Copley Square, Boston (with Sam Coplon).

Spectacle Island Design Competition: Commendation for Design Excellence for a plan for the reclamation of Spectacle Island in Boston Harbor (with Mark Finnen).

Professional Registration & Memberships

Massachusetts Registered Landscape Architect #725Connecticut Registered Landscape Architect #604American Society of Landscape Architects, Fellow 2008American Planning Association

Community Service

Co-Founder, Franklin Land Trust, 1986President, Franklin Land Trust Board of Trustees, 1986-PresentChairman, Ashfield Board of Health, 1988-1996

Education

Harvard Graduate School of Design, Cambridge, MassachusettsMasters in Landscape Architecture, 1980

Harvard College, Cambridge, MassachusettsBachelor of Arts Degree in History & Literature, 1974

Exhibit EN-HLD-1 Page 2 of 2

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Exhibit EN-HLD-2Location of Historic Sites

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Page 36: DOCS-#887440-v7-Prefiled Testimony of Harry L. Dodsonnecnp.org/wp/wp-content/uploads/2017/01/JP-HLD-5.Docket-8300.Pr… · Exhibit EN-HLD-1 Resume of Harry L. Dodson Exhibit EN-HLD-2

Exhibit EN-HLD-6Terrain Model of Project Area

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Exhibit EN-HLD-7Photograph of Existing Conditions

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Page 41: DOCS-#887440-v7-Prefiled Testimony of Harry L. Dodsonnecnp.org/wp/wp-content/uploads/2017/01/JP-HLD-5.Docket-8300.Pr… · Exhibit EN-HLD-1 Resume of Harry L. Dodson Exhibit EN-HLD-2

Exhibit EN-HLD-11 Page 1 of 18

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Exhibit EN-HLD-11 Page 2 of 18

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Exhibit EN-HLD-11 Page 3 of 18

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Exhibit EN-HLD-11 Page 4 of 18

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Exhibit EN-HLD-11 Page 5 of 18

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Exhibit EN-HLD-11 Page 6 of 18

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Exhibit EN-HLD-11 Page 7 of 18

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Exhibit EN-HLD-11 Page 8 of 18

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Exhibit EN-HLD-11 Page 9 of 18

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Exhibit EN-HLD-11 Page 10 of 18

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Exhibit EN-HLD-11 Page 11 of 18

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Exhibit EN-HLD-11 Page 12 of 18

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Exhibit EN-HLD-11 Page 13 of 18

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Exhibit EN-HLD-11 Page 14 of 18

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Exhibit EN-HLD-11 Page 15 of 18

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Exhibit EN-HLD-11 Page 16 of 18

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Exhibit EN-HLD-11 Page 17 of 18

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Exhibit EN-HLD-11 Page 18 of 18

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WINDHAM REGIONAL PLAN

“Sticks & Stones” Oil on canvas by Jerry Caron

Adopted October 24, 2006

Windham Regional Commission 139 Main Street, Suite 505

Brattleboro, VT 05301 (802) 257-4547

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June 2006; c:\RegPln06\Development.mxd

This map attempts to show the pattern of development across theRegion by displaying structures and major roads. While featuresother than the structures and roads displayed here can constitutedevelopment, defining these other feature and then mapping them would be difficult. By showing roads and structures, the map, taken in a regional context, should give the viewer a general ideal of where in the Windham Region the majority of human activity and land modifications are located.

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Note: This map should be used for general referenceand planning purposes only.Sources (refer to appendix): 17; also 1, 2, 3.

W I N D H A MC O M M I S S I O NR E G I O N A L

139 Main St Suite 505 Brattleboro, VT 05301(802) 257-4547 www.rpc.windham.vt.us

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Land Use

Windham Regional Plan 30 Adopted October 24, 2006

3.5 ENERGY AND LAND USE PLANNING Effective land use planning can and should promote energy conservation. Targeting new development toward areas located close to a community's major roads and existing settlements will minimize the energy consumed by commuting and reduce the energy required to deliver essential services to residents and businesses. Decisions concerning capital expenditures on roads and other municipal infrastructure should be mindful of energy conservation. Promoting revitalization and infill in downtowns and villages will lead to compact development. Such higher density development would provide more opportunities for alternative transportation such as public transit, walking and bicycling and lessen dependence on the automobile. The siting, design, and construction of buildings strongly influences the amount of energy needed for heating as well as the amount of electricity needed for lighting. Proper subdivision design, building orientation, construction and landscaping provide opportunities to influence energy conservation both in homes and places of work and as people travel between them.

3.6 LAND USE POLICIES The following policies are organized by land use category, but apply universally where appropriate. Downtowns and Villages 1. Direct new growth in the form of jobs, housing, commerce, utilities, industry, community facilities,

recreational facilities, and cultural activities to downtowns and villages, with consideration of type and scale of development, in order to keep these centers culturally, socially, and economically viable.

2. Promote the economic and community vitality of the central business districts in Brattleboro and

Bellows Falls by supporting revitalization efforts that strengthen and improve viability of the downtown areas.

3. Target federal, state, and private funding to support public transit, bridge and highway repair, other

transportation needs, installation of sidewalks and lighting, water and sewer, community development, housing, recreation, and other identified downtown or village needs.

4. Rehabilitate existing housing, commercial and industrial buildings and areas. 5. Promote the attractiveness of downtowns and villages through quality building and landscape design

and by maintaining public open spaces for scenic and recreation pleasure. 6. Preserve downtown and village character through appropriate design and scale of commercial,

industrial, residential, transportation infrastructure and community structures and uses. 7. Revitalize, strengthen and improve the viability of villages and downtowns through using and

maintaining existing historic structures whenever possible. 8. Construct or expand utilities including water and sewer when needed to protect health and ground

water resources, and to allow appropriate in-fill and development of lands within villages. 9. Adopt clear land use plans and related implementation policies that will maintain village boundaries,

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Land Use

Windham Regional Plan 31 Adopted October 24, 2006

preserve historic settlement patterns, and prevent rural sprawl. 10. Promote opportunities for alternative transportation development in village and downtown areas. High Intensity Mixed Use 1. Encourage communities to develop master plans for the transformation of existing commercial areas

and planning for New Town Centers. 2. Utilize access management techniques to ensure proper function, safety and performance of the

roadway in designing for high intensity mixed use areas. 3. Promote the attractiveness of high intensity mixed use areas through quality building and landscape

design and by maintaining public open spaces for scenic and recreation pleasure. 4. Provide for safe mobility of pedestrians and cyclists in the high intensity mixed use areas. 5. Adopt clear land use plans and related implementation policies that will maintain high intensity

mixed use boundaries and prevent rural sprawl. 6. Avoid new areas of strip development and seek means to offset the negative effects of existing strip

development. Resort Centers 1. Direct new growth and development in the form of resort jobs, housing, commerce, recreation, and

cultural activities to the existing resort centers. 2. Concentrate growth at resort centers to minimize the trend toward dispersed housing and commercial

growth. 3. Manage resource lands to preserve their value for water quality, trails, open space, wildlife habitat

protection, and scenic enjoyment. 4. Incorporate public transportation in all plans for transportation improvements in the resort centers. 5. Encourage development of affordable housing for employees within resort centers to minimize

commuting and energy use. Rural Lands 1. Develop hamlets at the density of, and in the settlement pattern of, existing historic hamlets and

villages.

2. Direct new residential development and services in rural areas to hamlets in order to prevent rural sprawl.

3. Support the development of, and protect the character of, hamlets through appropriate zoning, site

planning, and building design. 4. Direct new hamlet developments away from areas that provide critical access to wildlife habitat and

ensure that wildlife habitat does not become fragmented by the elimination of connections and corridors between wildlife areas.

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Land Use

Windham Regional Plan 32 Adopted October 24, 2006

5. Develop rural residential lands at densities that will serve to contain rural sprawl, and that are

compatible with existing land uses and sensitive to the limitations of the land. 6. Ensure that new development is sensitive to the limitations of the land and avoids important natural

resource areas located within the rural residential lands. 7. Direct new rural residential development away from areas that provide critical access to wildlife

habitat and ensure, through planning, that wildlife habitat does not become fragmented by the elimination of connections and corridors between wildlife areas.

8. Ensure that new development reflects existing settlement patterns, is low in intensity, and does not

conflict with the use and management of forest, agricultural and mineral resource lands, but rather sustains these natural resource commodities.

9. Support a mix of rural land uses including agriculture, housing, home businesses, small-scale

commercial and industrial uses, commercial forestry and outdoor recreation, so long as these uses are compatible with one another and do not cause excessive noise, pollution, or disturbance.

10. Manage agricultural and forest lands to promote a long-term sustained yield of crops and timber

products. 11. Encourage the use of innovative land-saving techniques - such as cluster development and fixed area

density allocation - to protect agriculture, forest, and mineral resource lands from development and fragmentation.

12. Protect green space, particularly along streams and rivers, and other important lands that are valued

for trails, open space, wildlife habitat and scenic enjoyment. 13. Encourage the conservation in perpetuity of agricultural lands, including related forest lands and

sugar bushes. 14. Encourage full funding of the State Use Value Appraisal Program (Current Use) and enrollment in the

program. 15. Protect important natural resources such as fish and wildlife habitats, areas hosting state or federally

identified endangered and threatened species, unique and fragile natural areas, wetlands, shore lands, floodplains, aquifer recharge areas, steep slopes, lands over 2,500 foot elevation, ridgelines, essentially undeveloped forest lands which have limited access to an improved public road, and regionally significant scenic corridors and areas.

16. Avoid extension of roads, energy transmission or distribution facilities, or other utility services into or

through Resource Lands. 17. Construct corridors for new energy transmission or distribution facilities only when needed, and then

only within or adjacent to existing operational energy transmission facility corridors to the maximum extent possible. Minimize their visual impact on ridgelines, slopes and open areas, and avoid important natural and historic resources.

18. Preserve and protect wildlife corridors that join tracts of resource land and important wildlife habitat

in order to avoid fragmentation.

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Land Use

Windham Regional Plan 33 Adopted October 24, 2006

Growth Centers In 2006, Vermont adopted Growth Center legislation to enable municipalities to designate growth centers. Designated growth centers can be located in an area of land that is in or adjacent to a designated downtown and village center or new town center. The following policies apply to designated growth centers. 1. Increase capacity and, where needed, extension of infrastructure to serve designated growth center

needs. 2. Establish clearly designated growth center boundaries and related local land use regulations. 3. Rehabilitate and use under-utilized land and buildings in growth centers. 4. Encourage cooperation between designated growth centers and neighboring towns on issues related to

growth center development, related impacts, and financial issues. 5. Encourage consolidation of regional and town services where it will avoid unnecessary service

duplication.

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Natural Resources

Windham Regional Plan 67 Adopted October 24, 2006

6.6 SCENIC RESOURCES The region enjoys exceptional scenic quality. Mountain landscapes, farm landscapes, historic villages and towns, ridgelines, the night sky and nighttime landscapes, shorelines, and scenic views and corridors are all highly vulnerable to development. Scenic resource protection measures available to the region's towns include:

• purchase of scenic lands; • scenic easements, or acquisition of development rights; • review of the scenic impact of public investment activities; • designation of scenic roads; • public education; and • regulation through zoning and subdivision regulations and the Act 250 development review

process. Maintaining scenic quality requires coordination of these techniques. Many structures such as utility poles, telecommunication towers, wind turbines, cleared powerline rights of way, gas stations, and streetlights are considered by many to be incongruous with our scenic landscape. Careful planning and design will provide development opportunities without adversely affecting the scenic value of the landscape. Sky Glow Light pollution or “sky glow” is a cumulative and increasing problem, especially near the urban clusters along the region’s eastern border and near major resort development centers. Light projecting upwards from these areas produces a glow near the horizon which diminishes the natural quality of the nighttime landscape and night sky. As these urbanized areas continue to expand, special consideration needs to be given to lighting design in order to minimize this cumulative adverse effect.

6.7 NATURAL AREAS, FRAGILE AREAS AND WILDLIFE RESOURCES

Natural and fragile areas are landscape features with ecological, educational, scenic, and contemplative value. They provide ecological preserves of relatively unaltered environments that are important to wildlife and the natural heritage of the region. State Legislation State legislation provides a means to designate Natural Areas (10 V.S.A. Chapter 83) and Fragile Areas (10 V.S.A. Chapter 158). By law, Natural Areas are owned by the Vermont Department of Forests, Parks and Recreation. Any party can own a Fragile Area, but it must have been determined to be of statewide significance. These designations provide protection and the assurance that the areas will be managed to maintain their natural integrity. Hamilton Falls, on Cobb Brook in Jamaica State Park, is the region's only state-registered Natural Area. Consisting of a 40-50 foot high steep cascade with pools above and below and a mile-long chain of smaller cascades, falls, and pools, the site is exceptional for its geology, botany, setting and pristine water. The only state registered Fragile Area is the J. Maynard Miller Memorial Forest (the Black Gum Swamps) in Vernon. Black gum is a tree species of more southerly latitudes; this disjunct forest community is probably a relic from a warmer postglacial climatic period (between 3,000 and 5,000 years ago) when many southern plants extended their ranges into Vermont.

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Natural Resources

Windham Regional Plan 68 Adopted October 24, 2006

Lands Above 2,500 Feet Although not formally designated as such, areas above 2,500 feet in elevation are often fragile areas in Vermont (see the Ecological Resources Map). Lands above 2,500 feet are especially vulnerable natural environments because of their generally thin soils, steep slopes, sensitive vegetation, important wildlife habitats and often greater than average precipitation and wind. Some 24,800 acres (4 percent) of the Windham Region are above 2,500 feet in elevation. Ecology The Windham Region is rich in areas of high ecological value. The Vermont Nongame and Natural Heritage Program track native rare plants and animals and plant communities that are threatened or endangered. These species and communities are considered rare because they have particular habitat requirements, are at the edge of their ranges, or are vulnerable to disturbance or collection. The general locations of these species and habitats are mapped using Geographic Information Systems (GIS) and species descriptions are available through the state program. The Windham Region is home to numerous Natural Heritage sites and species. These species and their habitats deserve an extra level of protection. The Conte Fish and Wildlife Refuge Environmental Impact Statement has identified four areas in the region as nationally important fish and wildlife habitats: the West River including the Rock River, Winhall River and Wardsboro Brook tributaries, primarily due to the potential for Atlantic salmon restoration; Westminster Flats, for its waterfowl habitat; the Retreat Meadows, for its high value wetland ecology; and the Putney Mountain unit for its Northeastern Bulrush habitat. Fish Habitat Most of the region’s rivers and streams provide important cold-water fish habitats. Shaded stream banks, clean gravel and rocky bottoms, and clean, cool water are necessary to maintain these cold-water fisheries. Lakes, ponds, and larger, slower moving rivers provide warm-water fish habitat. Healthy fisheries are important for both their ecological and economic value. Sedimentation from runoff, bacteria from septic systems, clearing of streambank vegetation, damming of rivers and streams, and lowering in-stream water flows all impact negatively on these important fish habitats. Wetlands, vernal pools and other surface waters also provide specialized habitats for fish, reptiles, amphibians, mammals and migratory birds. Stream buffers and corridors provide important wildlife travel corridors. (Note: For further discussion of fish and wildlife resources, see also Surface Waters in this Chapter). Remote Forested Areas The mountainous, forested landscape remote from community centers is the stronghold and haven for the region's large mammals, which include black bear, moose, deer, bobcat, fisher, coyote, otter, and beaver, and high numbers of deer and coyotes, can also be found in the less remote areas. Completing the forest ecosystem are the smaller mammals, reptiles, amphibians, game birds, raptors, and many valued songbirds and insects that depend on the region's diverse forest plant species. A critical state and regional issue is the maintenance of large tracts of connected forestland to support these species. Certain deer wintering areas and bear habitat are regionally significant necessary wildlife habitat (those habitats needed for a species to continue to thrive within that area). For wintering deer, low-lying softwood stands with southern exposures provide critical shelter from deep snow and cold temperatures. Stands of mature beech and oaks, accessible wetlands, and newly regenerated soft mast areas provide important feeding habitats for the black bear. Bear travel corridors supply a necessary link between feeding and breeding areas. These areas are particularly important since food sources and supplies vary from season to season and from year to year. New roads, guardrails, and construction of homes and other forms of development, as well as indiscriminate timber cutting and outbreaks of tree disease, endanger both the quantity and quality of these important wildlife habitats.

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Natural Resources

Windham Regional Plan 69 Adopted October 24, 2006

6.8 SOILS AND TOPOGRAPHY Soil Characteristics Soil characteristics impact land uses such as farming, forestry, mineral extraction, and commercial development. Prime agricultural soils that are rated high for crop production potential are very limited in the region, and are located primarily in the river valleys. Since most primary agricultural soils are flat and well drained, these soils are targets for development. Soils suitable for sand and gravel extraction are also limited within the region. Many of the region's soils can be shallow, unstable, highly erodible, wet or poorly drained. Wet soils may cause basement flooding and failure of footings, foundations, underground piping and septic systems. Road construction on wet sites can be damaging and prohibitively expensive. Drainage of excessively wet soils is often not an acceptable solution because of expense, rate of failure and potential for environmental damage. Any of these features alone, or in combination with steep slopes and/or high elevations, are potentially critical factors in determining appropriate land use in the region. Earthquake Risk Southeastern Vermont is considered to be at moderate risk of a moderate strength earthquake. This assessment is based on the historical occurrence of earthquakes nearby. Unstable soil factors can accentuate soil movement and increase subsequent earthquake damage. Sewage Disposal Development in the region has traditionally been encouraged on soils suitable for in-ground sewage disposal systems. Permeable soils are often closely associated with sites having high potential for aquifer recharge, and pollution of subsurface and surface waters may result from development on these soils. The travel time of liquid wastes, the rate of absorption and the location of groundwater and surface waters are all important factors to consider in planning development on permeable soils. Mineral Resources Mineral resources include deposits of sand, gravel, and other minerals, such as granite, slate, limestone, sulfide, uranium, iron ores, and ultramafics (sulfide, talc, soapstone, and serpentine). With the exception of sand and gravel operations, the proportion of the industry utilizing mineral resources has steadily declined in the region. This decline and abandonment of mining industries is primarily due to decreasing demand, changes in economic value, and local opposition to mining operations, rather than exhaustion of the region's reserves. Public and private interests often are in conflict over extraction of mineral resources, and the balancing the need to use these resources with public’s right to minimize potential nuisances will be an increasingly visible issue. Sand and gravel deposits of varying quality, as shown on the Sand and Gravel Resource Map, are scattered throughout the region and are the principal mineral resources being extracted. Sand occurs in good quality deposits with large reserves along the Connecticut River Valley and near most of the larger tributaries. Deposits of good quality gravel, however, are usually small. The region's good quality, accessible gravel reserve is low. Sand and gravel are economically important regional resources and significant portions of them occur in only a few towns: Brattleboro, Dummerston, Vernon, Halifax, Guilford, Newfane, and Jamaica. Few towns own and operate their gravel pits even though they experience a steady demand for highway construction and maintenance of unpaved roads. In resort towns during periods when vacation housing and commercial construction are taking place, demand for sand and gravel significantly increases. The increased excavation activity at the pits and the transport of material is known to bring about impacts that negatively affect community resources (roads and bridges), neighborhoods, water quality, and air quality, which in turn may generate or renew local opposition to the utilization of the resources. As the region

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Natural Resources

Windham Regional Plan 70 Adopted October 24, 2006

grows, sand and gravel deposits will continue to be extracted for construction, fill, erosion control, and highway maintenance.

6.9 ENERGY AND NATURAL RESOURCES Energy—its predicted supply, its cost, and the environmental impacts of how it is obtained and used—all have a direct relationship to our stewardship of the land and its resources. Energy generation always has environmental implications. Air quality is a major concern whenever fossil fuels are used, whether to generate electricity, for space heating, or for transportation. Water quality and aquatic life are affected by hydro dams. The management of used nuclear fuel has ultra-long term implications. All thermal electric power plants waste about two units of heat energy into the water or air for every one of electrical energy produced, regardless of the fuel. It is therefore essential that people use conservation and efficiency measures to lessen the rate of growth in the amount of energy that people consume in the region. Regional fuel sources also deserve consideration in a number of ways. Wood harvested for fuel represents an important part of the working landscape and of the regional economy, but its combustion presents some immediate air quality concerns; energy generation facilities using biomass fuel must ensure sustainable and air quality-neutral sources and processes. Hydropower from existing dams presents clean and renewable electric power, but solar heating of pooled water and obstructed fish passageways present significant drawbacks. Wind is newly viewed as a natural resource as wind-powered electric generation is poised to expand across much of New England, but it carries with it potential impacts on wildlife, soils and groundwater, and on scenic resources. As Barry Commoner noted thirty-five years ago—in his fourth law of ecology—“there is no such thing as a free lunch.”32

6.10 NATURAL RESOURCE POLICIES Surface Waters 1. Maintain undisturbed buffers of vegetation along watercourses, lakes, ponds, wetlands, and vernal

pools in order to protect shorelines, provide shading to prevent undue increase in stream temperatures, minimize effects of erosion, sedimentation and other sources of pollution, and maintain scenic, recreational, and habitat values.

2. Maintain or enhance existing chemical, physical, and biological quality of the region’s surface waters.

3. Evaluate the licensing or re-licensing of hydroelectric power generating facilities on a case-by-case

basis and endorse only those where beneficial values and uses of the affected waters are appropriately maintained.

4. Maintain any designated Class I wetlands in their natural condition. Ensure that any permitted

alterations to Class II and Class III wetlands do not significantly diminish their functional, ecological,

32 Commoner, Barry. The Closing Circle. Knopf, 1971. Four laws of ecology: (1)Everything is Connected to Everything Else. There is one ecosphere for all living organisms and what affects one, affects all. (2) Everything Must Go Somewhere. There no "waste" in nature and there is no “away” to which things can be thrown. (3) Nature Knows Best. Humankind has fashioned technology to improve upon nature, but such change in a natural system is likely to be detrimental to that system. (4) There Is No Such Thing as a Free Lunch. In nature, both sides of the equation must balance, for every gain there is a cost, and all debts are eventually paid.

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Natural Resources

Windham Regional Plan 71 Adopted October 24, 2006

or aesthetic values. Wetland mapping prepared by the National Wetlands Inventory, showing Class I and II wetlands, available in digital GIS format for each town, should be field-checked and verified.

5. Evaluate inter-basin transfers of water on a case-by-case basis and endorse only those proposals

where it can be demonstrated that the water quality in both the sending and receiving basins will not be significantly lowered, the water table and stream flow in the sending basin will not be detrimentally lowered, and peak flows in the receiving basin will not be detrimentally increased. For purposes of this policy, a basin is the drainage area of a watercourse that is at least 1,000 acres in area.

6. Support identification, recognition, and appropriate management of waters with exceptional natural,

ecological, recreational, cultural, or scenic values.

7. Support surface water classification and management strategies which are consistent with the municipal and regional land use planning objectives for the affected watershed, and which will effectively maintain existing water quality.

8. Maintain water flows in streams at levels that support a full range of in-stream uses and values.

9. Identify and address any adverse environmental impacts of development proposals that could impede

the flow of flood waters, alter the stream channel or its floodplain, or otherwise endanger the health, safety, and welfare of the public.

10. Protect surface waters from run-off and sedimentation caused by agriculture, forestry, recreation, and

development activities through the use of:

• Acceptable Agricultural Practices (AAP’s); • Acceptable Management Practices (AMP’s) for forestry; and • Best Management Practices (BMP’s), for erosion control.

Groundwater 1. Maintain or enhance existing chemical, physical and biological quality of the region’s groundwater.

2. Support the design and construction of on-site sewage disposal systems in consultation with a

qualified professional in accordance with applicable state and local regulations. 3. Support uniform design and administration of on-site sewage disposal systems and encourage the

development of alternative systems.

4. Avoid contamination of groundwater from the drilling of wells through the use of proper well-drilling technology and appropriate well placement.

5. Require small-quantity generators of hazardous waste to have storage and disposal plans

demonstrating that water contamination risks have been minimized.

6. Water withdrawal from underground sources should be carefully monitored to ensure that aquifers and surface waters are not significantly depleted and that water is properly allocated. Promulgation of specific laws and regulations to control water withdrawal and to ensure minimum flows is encouraged.

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Natural Resources

Windham Regional Plan 72 Adopted October 24, 2006

Air Quality 1. Prohibit any development or activity that significantly degrades air quality.

2. Support efforts to reduce regionally generated air pollutants from vehicles, two-stroke engines, and

wood and coal burning appliances.

3. Encourage all new development to follow the energy conservation guidelines developed by the Vermont Public Service Department for Act 250 permits.

4. Support economic activities that attract clean industries.

5. The use of wood stoves incorporating catalytic combusters should be encouraged. Forest Resources Resource Protection 1. Support productive forestry in large parcels, contiguous blocks of parcels, and forested corridors

linking blocks and maintain accessibility to those parcels. Doing so will contribute to the long-term ecological health and economic vitality of the region’s forestlands.

2. Discourage the fragmentation of large parcels of forestland for development or other conversion to

non-forest uses.

3. Support the work of land trusts in placing and encouraging sustainable management of forested parcels under conservation easements, of governmental organizations designating forested lands as resource and conservation lands, and of other organizations whose purpose it is to enhance and conserve forestlands and their resources.

Economic Contribution 4. Promote the development of markets for locally produced forest products and encourage local artisans

and the growth of a value-added forest-products industry so that complete timber processing, from timber cutting to finished product, can remain in the region.

5. Support the development of industrial use of lower grade timber to allow forestland owners to

undertake timber stand improvements profitably. Appropriate Management 6. Encourage public, industrial, and private landowners to maintain and enhance forest resources on

their lands and to follow sustainable forest management practices that provide habitat for diverse natural species, avoid high grading of timberlands, and follow Acceptable Management Practices.

7. Support the eradication of exotic invasive plants that impede natural forest regeneration in the region,

especially glossy buckthorn, Norway maple, Japanese barberry, tartarian honeysuckle, morrow (fly) honeysuckle and oriental bittersweet.

8. Encourage access to forest lands (with permission of the landowner) for responsible hunting in order

to control the deer population, and for recreational hiking.

9. Encourage landowner participation in Vermont’s Use Value Appraisal (Current Use) Program and support the Vermont legislature’s continuation of this program on a fully funded basis.

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Natural Resources

Windham Regional Plan 73 Adopted October 24, 2006

Landowner and Public Education 10. Support landowner and forest-worker educational programs and organizations that teach or

demonstrate sustainable forestry and Acceptable Management Practices or that provide educational opportunities to the general public to understand and appreciate the environmental, economic, and recreational benefits offered by the region’s forest resource.

11. Encourage employment by private landowners of professional forest managers. Scenic Resources 1. Improve sites that diminish a scenic view, particularly along state and federal highways and within

scenic corridors. 2. Encourage scenic easements and implement appraisal practices that encourage donation of scenic

easements to public and private natural resource/conservation agencies and organizations. 3. The scale, siting, design, and management of new development shall maintain or enhance the

landscape and shall protect high quality scenic landscapes and scenic corridors. 4. Minimize visual impacts of communication towers and other high-elevation or ridgeline structures

through co-location, design, siting, and color choice. Design and site communication and other high-elevation towers so that they do not require nighttime illumination.

5. Illuminate structures and exterior areas only at levels necessary to ensure safety and security of

persons and property. 6. Arrange all exterior lighting so that the light source (lamp) is not directly visible from public roads,

adjacent residences or distant vantage points. Shield exterior lighting so that the light does not project above the lamp.

7. Discourage exterior area illumination of regionally prominent physical features and landscapes.

Ensure that any such illumination will not significantly reduce the natural appearance of the nighttime landscape, will not be obtrusive in the viewshed, and will not distract unduly from the nighttime horizon or night sky.

8. Plan new or improved roads to maintain or enhance scenic resources. 9. Screen new development from I-91 and other scenic roads to the greatest extent practicable using

vernacular perimeter plantings of hedges, hedgerows, and street trees. Natural Areas, Fragile Areas and Wildlife Resources 1. Protect Natural Areas, Fragile Areas, and critical plant and animal habitats. If necessary, protect these

areas from indiscriminate publicity by mapping them only in very general terms. 2. Protect important ecosystems and maintain or enhance the habitat needs and travel corridors required

by the region's larger mammals.

3. Protect Natural and Fragile Areas from development. When development is proposed near a natural or fragile area, a buffer strip designed in consultation with the appropriate state agency, must be designated and maintained between the development and natural or fragile area.

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Natural Resources

Windham Regional Plan 74 Adopted October 24, 2006

4. Support state, federal, and conservation group acquisition of land and/or conservation easements to protect critical wildlife habitats and encourage designation of State Natural and Fragile Areas for significant features and resources.

5. Support local, regional, state and federal programs and incentives that encourage private and public

landowners to recognize the economic importance of protecting, maintaining and enhancing fish and wildlife habitats and ecosystems.

Soils and Topography 1. Take special precautions on slopes to avoid environmental damage, including negative consequences

associated with erosion and landslides.

• Minimize areas of earth disturbance, grading, and vegetation clearing on slopes over 15 percent;

• Avoid intensive development (other than appropriately designed recreational trails and ski lifts) in areas predominated by slopes exceeding 25 percent or above 2,500 feet in elevation; and

• Design developments on slopes over 15 percent so as to minimize the potential impacts of slides

and earthquakes. 2. Use detailed site studies to determine suitability for development where steep slopes occur with

shallow soils. Ensure that all development proposals on such soils provide and conform to an erosion control plan for construction phases of the development and a site drainage plan.

3. Avoid development on wet soils. 4. Avoid development on mucks, clays, silts, and other unstable soils that offer poor support for

foundations or footings and are subject to slippage. Conduct extensive site investigation to determine suitability for any development on unstable soils.

Mineral Resources 1. Develop land with high potential for the extraction of mineral and earth resources so as to not

interfere with the subsequent extraction or processing of the resource. 2. Extraction of mineral resources shall not interfere with or have negative impacts on groundwater, air

quality (dust and noise), and special community resources (historic sites, recreation areas, or scenic areas). Extraction sites must handle truck traffic without creating unsafe conditions for adjoining landowners.

3. Ensure that effective site rehabilitation plans are provided and implemented.

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Community Resources

Windham Regional Plan 98 Adopted October 24, 2006

2. Facilitate the orderly development of needed public and private recreational facilities. 3. Encourage public opportunities for multiple use recreation and public access to recreation lands and

waters, where the uses do not compete. 4. Maintain high environmental quality in the development of outdoor recreation facilities. 5. Recognize the recreational potential of watercourses and shorelines and provide facilities for water-

oriented day use. 7. Develop multi-purpose trail corridors using abandoned railroad beds, Class 4 roads and other public

rights-of-way. Protect existing trail corridors.

8. Encourage federal, state, and local acquisition of land and facilities well-suited for outdoor recreation, provided that adequate financial and management arrangements are made with the involved local governments.

9. Support United States Forest Service acquisition, other than by eminent domain, of private in-

holdings within and selected lands adjacent to the Green Mountain National Forest, provided that adequate payments in lieu of taxes are made to the affected local governments.

10. Plan and provide recreational opportunities for the disabled and elderly. 11. Provide separate areas or facilities for conflicting uses of recreational resources. For example,

swimmers and motorboats should not compete for the use of the same resource when such conflicts create safety hazards or significantly impair the use or enjoyment of the resource.

Cultural and Historic Resources 1. Support efforts to maintain and enhance the region’s libraries. 2. Strengthen the role of cultural and artistic disciplines in public education. 3. Encourage community-based facilities and organizations which will support cultural needs, along

with improvements in marketing and distribution of the arts. 4. Support organizational and communication networks serving the region to promote the enhancement

of cultural opportunities. 5. Protect places of outstanding educational, aesthetic, archeological, or historical value from

development that unreasonably impairs their character and quality. 6. Discourage development that would adversely affect cultural resources, including their destruction or

alteration, alteration of surroundings, or the introduction of non-harmonious visual, audible, or atmospheric elements.

7. Encourage rehabilitation of significant historic sites and structures. Emphasize adaptive use of

historic resources whenever it is economically viable.

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Community Resources

Windham Regional Plan 99 Adopted October 24, 2006

8. Encourage development that preserves the historic and architectural character of town and village centers and the rural landscape.

9. Seek public uses and/or ownership to preserve significant historic sites or structures.

10. Support local, regional, and state non-profit historic preservation trusts.

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Transportation

Windham Regional Plan 115 Adopted October 24, 2006

and the allowable traffic operations in each category. VTrans, in coordination with the Regional Planning Commissions, analyzed traffic volume, speed limits, density of existing access points, and functional class along the entire length of each state and Class 1 town highway. Based on the criteria for each category set forth in the guidelines, all highways were broken into various segments and designated as an Access Category 1-6. All selectboards in towns with state highway were notified of the proposed access category designations, provided with category descriptions and a map of their town’s highways and comments or concerns were requested. Scenic Roads and Vermont Byways Scenic Roads are an important recreational and tourism resource and, as such, should be protected. Currently, only a few scenic roads have been officially designated in Vermont under the Scenic Highway Law (Public Act No. 58 of 1977) and none by towns in this region. However, many town plans identify roadways that exhibit particular qualities and that occupy a special place in a community's landscape, history or culture. Attributes of a "scenic road" may typically include forest patterns or significant stands of trees, scenic terrain, and distant views, road surface or road layout characteristics, nearby surface waters, picturesque farms or villages, stone walls and cemeteries, or unique man-made and natural objects. The Vermont Byways Program acknowledges that many varied attributes of a given road may deserve recognition and protection. A "Vermont Byway" is a highway or other public road that has special scenic, historic, recreational, cultural, archeological, and/or natural qualities and that is formally designated by the Vermont Scenery Preservation Council and Vermont Transportation Board in order to enable management practices and programs that focus on any or all of those qualities. The Connecticut River Byway (VT 142 and US 5) and the Molly Stark Trail (VT 9), both designated Vermont Byways, traverse the region. The Connecticut River Byway, designated a National Scenic Byway in 2005, is located on both sides of the Connecticut River in New Hampshire and Vermont and stretches from their borders with Massachusetts to the Canadian border. The Molly Stark Trail Scenic Byway encompasses all of VT 9 from the Vermont border with New York to New Hampshire. Aesthetics, Preservation and Design of the Highway System In response to the concern that the roadway and bridge designs need to be “sensitive to the social and environmental context of Vermont”75 the State of Vermont adopted Vermont State Design Standards for roadway design. The State of Vermont also established a Historic Bridge program to protect historic transportation structures. To further address the issues of aesthetics and livability in the communities adjacent to the roadways, VTrans currently has a Traffic Calming Protocol that agencies need to follow when considering traffic calming projects on state highways and when using federal and state dollars for such projects. The WRC has been active and supportive of these innovative programs and will continue to review transportation projects to assure compatibility with the Regional Plan.

9.2 FREIGHT TRANSPORTATION According to the US Department of Transportation, trucking remains the dominant mode to transport freight. From 2005 to 2020, within New England, freight traffic is anticipated to grow 79 percent. While freight encompasses truck, rail, water, and air, Vermont’s statewide mode share for all movements consists of 90.4 percent by truck, 8.3 percent by rail, and 1.3 percent by other.76

75 Vermont State Design Standards, October 1997. 76 Vermont Freight Study, 2001.

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Exhibit EN-HLD-1

Exhibit EN-HLD-13 Page 1 of 6

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Hinsdale Master Plan Update 2003

• HISTORI.CAL.SIJ'£S~AND POINTS OF INTEREST

Historical sites and points of interest in Hinsdale include the following:

>- The Taylor Monument is located at the intersection of Monwnent Road and Old Brattleboro Road,and marks the site of an Indian skirmish in 1748.

>- The Liscom House, located on Route 119, was built in 1759 by Col. Ebenezer Hinsdale. Muchhistory is documented on this house and can be read in the "History of Hinsdale ". .

>- Fort Dummer Cemetery located on Old Brattleboro Road and Hooker Cemetery located on ProspectStreet date back to the mid 1700's

» Homes built in the late 1700's included those owned by:Mr. & Mrs. Earl Clark, Mrs. Doris Smith, Mr. & Mrs. Wesley Sprague, Mrs. Bertha Herrmann, Mr.& Mrs. Edwin Smith, Mr. Paul Hubner, Sr., and the "Homestead" which is now owned by WilliamWittmer and Patrick Gillis.

Post Office:

The oldest continuously operating United States Post Office is located at 13 Main Street in Hinsdale. The1,327 square foot building was constructed on September 25, 1816, following the appointment of Hinsdale'sfirst postmaster in 1815. The Post Office currently employs 3 full-time staff. 2 part-time staff with benefitsand 2 part-time staff without benefits. The post office has 759 post office boxes and makes 1,251 rural routedeliveries. The post office is open Monday through Friday from 6:00 a.m. to 5:30 p.m. and Saturday from7:00 a.rn. to 12:00 p.m.

Churches:

There are five churches located in Hinsdale:

~ The Congregational Church located on Main Street was built in 1835;» 81. Joseph's Church located on Brattleboro Road was built in 1885;» North Hinsdale Community Church located on Meetinghouse Rd in North Hinsdale was built in

1804 and added on to in 1853. and has an average weekly attendance of 50;>- The Church of Jesus Christ of Latter Day Saints located on Plain Road was built in 1995.

Chapter 2 - Community SelVices &·F.acilities Adopted May 20, 2003Page' 19

Exhibit EN-HLD-13 Page 2 of 6

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Hinsdale Master Plan Update 2003

Boy scouts, cub scouts, girl scouts, explorers and 4-H.ha¥e· sizeable student participation. Peewee andbambino leagues have recently been formed. .

Each church has a youth group and members are involved in various social and community projects.

An annual hunting course is offered to anyone over the age of 16 and this course must be taken and passedbefore hunting licenses can be purchased. This is very important in a town that has so much of its landavailable for hunting.

The State of New Hampshire has two boat landings along the Connecticut River, at the base of Sand Hilland between the bridges on Route 119. In recent years the recreational use of the Connecticut River hasincreased greatly, as evidenced by the number of boats in the summer and the number of fishing huts in thewinter. Ice skating on the "set back" area of the river has become a common sight. Some of this increasedactivity is due to the opening of the railroad right of way, which provided off road parking. As this reportindicates, the Town of Hinsdale has tried to meet the needs of all age groups in providing recreationalentertainment.

FUTURE PLANS

~ The town should give serious consideration to the location of a teen center that could offer afterschool activities to students, especially during the winter months. This center could be open duringthe week, or just weekends, and should be supervised.

> The location of an open space recreation area in North Hinsdale would be beneficial, since most ofthe projected growth is taking place there. It will be important to preserve some land for thisspecific need. -

~ The construction of a regular size swimming pool has been considered, and the possibility oflocating one in Heritage Park should be given serious thought.

> A group of citizens has recently started "Hinsdale's Own Playground". This is a volunteercomm ittee that is setting goals for construction of new playground equipment at the elementaryschool's play area. Several successful fund raising events have taken place. A model of theproposed playground area has been on display in local store windows. A chain link fence will beerected along the sidewalk as a safety factor, a swing bridge and slide are proposed, and thebasketball courts will be moved to the backside of the play area. This committee should be

. encouraged and supported by all residents of Hinsdale.

POLICIES

>, Provide for the preservation of open space and natural preserves to maintain the rural character ofthe Town. .

> Provide the variety of recreational facilities to accommodate all age groups.

~ Continue to provide the use of municipal buildings for recreational purposes:

> Continue to fund' the programs' needed to make the town an enjoyable place to live for our citizens.. .

> Protect the scenic elements of the town's natural environment such as waterbodies, streams, rivers,and viewsheds.

> Retain the access to open space and environmental areas for public use.

Adopted May 20. 2003Chapter:3,- Recreation'. page·Z1·

Exhibit EN-HLD-13 Page 3 of 6

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Hinsdale Master Plan Update 2003

The term "administration" refers here to those activities that direct and manage the town's municipalaffairs, Hinsdale is administered by. a five-member Board of Selectmen. The Town Meeting is thelegislative body of the town. and the Selectmen represent the executive, or administrative, ann of thatbody. In addition to the Selectmen, other local boards participate in municipal government, i.e., thePlanning Board, Board of Adjustment, Conservation Commission, and other appointed entities. . Thisform of government relies heavily on part-time officials serving in a wide range of capacities. Some ofthese functions relate directly to the goals and objectives of this Master Plan, others less so.

Implementation of the goals and objectives can be accomplished in a number of ways; some items wouldrequire no more than official endorsement by the Selectmen. Others, however, would requireamendments to the zoning ordinance and/or the Site Plan Review Regulations in order to be realized.

Goals and Objectives:

~~u;_~tt~GOAL: To maintain and enhance the quality oj the community facilities and municipal

services in Hinsdale in a manner compatible with the Town's financial. resources.

OBJECTIVES:

1. The town should develop a Capital Improvements Plan to help identify and schedulemajor improvements of the town municipal assets.

2. Support the buying or sharing of equipment, materials and/or services with othertowns, as feasible.

3. Anticipate the demands that new growth will place on Town services and facilities,and plan accordingly.

4. Maintain and continually upgrade and improve the quality of education in Hinsdale atall levels.

GOAL: To maintain a convenient transportation network and to allow for the safe transfer ojgoods and people throughout Hinsdale while protecting the esthetic and scenicqualities 'of toWn roads.

OBJECTIVES:

1. Develop a transportation system/network that supports the ongoing and maintenanceof all roads and thoroughfares.

2. Establish standards of construction, maintenance and improvements that balance theneed for safety on the highways with residents' concern for maintaining a ruralatmosphere.

GOAL: Promote Economic Development in Hinsdale as a way to Protect and Enhance the

Adopted May 20,2003ChapterS':'" L-and Use PlanPage 67

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Hinsdale Master Plan Update 2003

AcrIONS~'• Work with Board of Selectmen, Planning Board, and' HeIDC to-determine which

type(s) of businesses (e.g. heavy industry, light industry, service/sales) should bemost aggressively recruited.

• Develop a commercial and industrial recruitment program for Hinsdale.• Develop a high-quality brochure describing the benefits of locating a business in

Hinsdale ~for use in business recruitment.• Schedule regular meetings between business owners and town officials to discuss

relevant issues.

7. Support efforts to strengthen the vibrancy of downtown Hinsdale

ACTIONS:• Encourage service, professional office, and new retail to locate downtown to create a

commercial destination.• Continue to focus community efforts on improving the Ashuelot riverfront as part of

the Community Center.• Develop a downtown parking plan to accommodate build-out scenario and examine

winter residential parking capacity.• Provide public transit service connecting downtown Hinsdale with Winchester,

Brattleboro, and other shopping, service, and social destinations.• Consider applying for NH Main Street designation• Develop and adopt site and architectural standards for commercial and industrial

buildings to ensure quality and attractive appearance.• Develop and maintain a Town website with links to information on business

development in Hinsdale.

8. Increase educational opportunities for Hinsdale residents to promote a more educatedwork force.

ACTIONS:• Develop partnerships "between the Hinsdale High School and local businesses to

develop training· programs to build appropriate skills for employment in the localeconomy.

• Work with regional educational institutions to encourage technical training and re-training opportunities.

9. Ensure the housing stock and residential development opportunities in Hinsdalesupport Hinsdale'S economic development goals.

ACTIONS:• Conduct a housing inventory to develop a better understanding of existing conditions

(i.e. number of single and multi-family houses, age and condition of houses, realestate market, number of rental units, and number of homes for sale).

• Conduct a market analysis to deter-mine the type(s) of housing most in demarid andpotential locations for housing development.

GOAL #1: Balance new development with protection of the Town's· sensitive and significant

Adopted May 20, 2003Chapter 8- Land Use ,PlanPage 69

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Hinsdale Master Plan Update 2003

natural, cultural, and historic resources, while preserving the Town 's identity.

OBJECTIVES:

1. Preserve and protect agricultural lands, environmentally sensitive lands, and historicstructures to enhance the open space and retain the characteristics of the Town.

2. Establish conservation areas and open spaces throughout the town, where there is acommunity needs to control further development.

3. Protect water resources throughout the Town. Above ground and underground waterresources are now, and in the future will remain a vital asset worthy of protectionfrom all forms of pollution.

GOAL #2: To continue to provide year round recreational opportunities for Hinsdale residentsof all ages.

OBJEc;TIVES:

1. Protect the scenic elements of the Town's natural environment such as waterbodies,streams, rivers, and viewsheds.

2. Retain the access to open space and environmental areas for public use.

GOAL: To continue to provide areas in Hinsdale which allow for a diversity of housingopportunities while striving to enhance the visual and esthetic qualities of bothexisting and proposed housing.

OBJECTIVES:

1. Support the preservation and maintenance of the existing and future housing stockthrough public and private actions.

2. Encourage the private sector to remove or rehabilitate all substandard housing.

3. Continue to support the development of adequate elderly housing.

4. Ensure the housing stock and residential development opportunities inHinsdale support Hinsdale economic development goals. '

GOAL: To promote a -balanced pattern of development for housing, agriculture. recreation,business, and. industry.

OBJECTIVES:

1. To find a balance that will provide for fair housing opportunities to all its .citizensover a broad ,range of incomes.

Adopted May 20, 2003Ch.apter 8- Land Use Plan

,Page 70

Exhibit EN-HLD-13 Page 6 of 6