The Rochester Planning Board on March 27 gave the final nod to Borrego Solar System’s large-scale solar farm slated for Rounseville Road at the corner of Mendell Road, and it also cleared the way for Clean Energy Collective to return to construction activities while it awaits the board’s final approval in two weeks.
Evan Watson for Clean Energy Collective for its 248 Mattapoisett Road solar farm went over some of the final details left open from the last meeting before delving deeper into screening matters that at times reflected contention between the board and the solar developer, especially over an area of trees the board wanted to remain permanently to provide screening. However, land owner Mike Forand wanted permission to cut down three oak trees and leave the remaining softwood trees, bringing the conversation into the direction of property owner rights.
Planning Board Chairman Arnie Johnson said when he spoke with Ken Motta, the board’s peer review engineer, Motta advised that all the vegetation in the aforementioned area, located nearer towards the road, needed to stay put. “…I kind of agree with him,” Johnson said.
The issue of how much control would the property owner maintain over lots abutting the solar farm was thoroughly discussed, with concerns mainly about future ownership and the fact that the board does not allow trees and vegetation on abutting properties to be relied upon for permanent screening, since the owners of those properties control the fate of their own vegetation.
After some time, Johnson said the conversation was getting too far into the hypothetical future and brought the talk back to the main point; that is, screening the panels is priority and that screening is going to have to be right where the panels are.
A representative from Clean Energy Collective mentioned Forand appealing the board’s condition to the Zoning Board of Appeals in order to maintain his right to control the fate of his trees, but that didn’t sit well with Johnson.
“You’re gonna end up sitting right where you are now, doing nothing,” warned Johnson. After that, Planning Board member Ben Bailey objected to the developer’s use of the word “compromise” when referring to the board’s final written decision.
“We don’t compromise on the regulations,” Bailey said. “And we’ve always said that abutting property cannot be presumed by a solar field … to be the screening process for that, and the Planning Board is not disposed to create conditions where we have to then chase landowners and enforce them…” He continued, “You’re really gonna run up against opposition unless what you propose is self-contained within the [property].”
It was Clean Energy Collective’s attorney, John Serkey, who came up with an idea the board could rally behind – a condition that would grant Forand permission to cut down only those three oak trees the board would approve, and if Forand wanted to chop down any more he would first have to return to the board.
That condition would work for future property owners, too, commented board member John DeMaggio.
The board considered granting conditioned approval on the project under the condition that the developer furnish the town planner with final revised plans the next day, but instead opted for Plan B, to allow Clean Energy Collective to return to work during the two weeks leading up to the next meeting, during which time the developer may work on the access drive and berm.
The board still needed some detailed structural analyses on the feasibility of the proposed stockade fence and whether it would withstand Category 3 hurricane force winds without falling, but it expects to vote on approval at its next meeting.
With just minimal discussion on final details of the decision, the board approved Borrego Solar Systems’ solar farm with a unanimous vote.
In other matters, while the board may have allowed the sun in on the solar projects, they threw some serious shade onto Zero Waste Solutions for its change of course from solid waste briquettes to an ethanol biorefinery without any communication with the Planning Board, the approving body that gave initial approval for the briquette operation.
Johnson said he heard about Zero Waste Solutions CEO Mike Camara’s presentation to the Board of Selectmen last week through the grapevine, and he criticized Camara’s poor communication with the board and its inability to keep to the construction timeline the board imposed on the original briquette project.
Johnson said the existing business is still incomplete in its construction – stormwater management drainage, no completed access road – “And most important, we don’t have any communication, which we brought up multiple times,” said Johnson.
Johnson said he spoke with town counsel about it and the two agreed the best approach would be to send Camara a certified letter enforcing the June (or July, Johnson wasn’t sure) construction deadline for the project the board approved, “Or there will be a cease and desist order … no exceptions.”
The next meeting of the Rochester Planning Board is scheduled for April 10 at 7:00 pm at the Rochester Town Hall.
Rochester Planning Board
By Jean Perry