Two public hearings on solar projects that were continued from September 14 were heard by the Rochester Planning Board on September 28 at the Old Colony Regional Vocational Technical High School library.
Both projects were represented by Beals and Thomas, Inc., which found a measure of closure on one public hearing and has its work cut out in the other.
Cushman Solar, LLC awaits the board’s decision on its applications for Special Permits for a 3.9-megawatt (large-scale) solar array for property located at 0 Cushman Road.
Eric Las, principal engineer at Beals and Thomas, Inc., told the board on Tuesday night that the applicant had addressed the concerns of the board and the abutters.
He noted the board’s prior vote to approve four waiver requests. On Tuesday, the Board voted to approve the amended decommissioning estimate of $186,100.
Las said he received “a clean letter from Field Engineering,” the board’s peer-review consultant, with Ken Motta’s requests for conditions.
Before Las was granted his wish that the board close the public hearing, abutter Julie Koczera asked for a change in the start of construction hours from 7:00 am to 7:30 am. “Our concern is on when they are constructing the access road,” said Koczera, who told the board that the access road construction will be happening in her backyard.
The board applied standard conditions for the project, including no operation of heavy equipment on Saturdays, Sundays or holidays. On Friday, work must be concluded by 5:00 pm.
The applicant reminded the board that restrictive conditions will make construction last longer.
Las considered 7:30 am a reasonable start time. “We would like to have it done to minimize the construction to as quickly as possible. A half an hour in the morning isn’t going to make a huge difference,” he said.
Koczera asked how long it will take to construct the access road and told the board she wants to make sure their septic system isn’t damaged. Planning Board Chairman Arnie Johnson suggested adding a condition that a Field Engineering representative be out on the site to witness the work. “That would be great,” said Koczera.
Las also assured Koczera that her parents’ mailbox will see no lasting impact, but in the event it is damaged, then the applicant will replace it according to the family’s wishes.
With that, the board voted to close the public hearing, and Johnson said a draft decision will be written by the next meeting of the board. “The important meeting,” he said, “will be the one after that.” That’s when the board is expected to render its decision on the project.
The presentation made by Sarah Stearns of Beals and Thomas, Inc. on behalf of Hingham-based Renewable Energy Partners, LLC in its application for Special Permits to construct a solar array and groundwater protection for property located at 109 Neck Road was met with scrutiny by the board and abutters.
The applicant is already looking to alter the permitting approach, noting that what lies under the solar array is a state-approved process. Instead of seeking a dual-usage permit, the applicant wishes to apply for a regular ground-mounted solar array, then come back to the board to address the agricultural piece at a later date.
Per Johnson’s request, Town Counsel Blair Bailey summarized the power and purview of the Planning Board, focusing on Massachusetts General Law Section 40, Chapter 3, along with Rochester’s ability to regulate via its own solar bylaw.
While the applicant noted that the Mattapoisett River Valley Water Protection Advisory Committee approved the project, Johnson said that the Town of Marion’s approval is likely needed because the project is in the town’s well head area. “Technically, I would argue they are a party of interest,” said Town Counsel Blair Bailey. “It is Zone 2 … but we give them the right to weigh in.”
Poor weather canceled a planned site visit that will be rescheduled at 4:30 pm on Tuesday, October 12, the day of the board’s next scheduled meeting.
The case was continued to October 12.
Stearns described the project as a 1,300-foot-long canal canopy. Phase one is just a canopy over the existing canal, and the second part is the solar array.
Abutters were mainly concerned over the screening aspect of the project, and Johnson encouraged them to pay attention as the hearing will be continued multiple times and the information will be available from the site visit.
In other business, the Planning Board reviewed and voted to approve the draft decision for board member Ben Bailey’s Longbow Lane project at 0 Gerrish Road. As in prior cases, Bailey recused himself from involvement as a commissioner in the process.
The board decided to grant Plumb Corner, LLC permission to perform inside work on Monday, October 11, but will not allow the operation of heavy equipment as requested in a letter to the board.
The next meeting of the Rochester Planning Board is scheduled to be held on Tuesday, October 12, at 7:00 pm at the Old Colony Regional Vocational Technical High School and via Zoom.
Rochester Planning Board
By Mick Colageo