Parties Disagree Over Solar Escrow Amount

The developer of a proposed solar farm on August 17 responded to Marion Planning Board Chairman Robert Lane’s personal opinion that the decommissioning escrow amount should be $110,000 by calling the amount “somewhat unreasonable.”

Applicant Clean Energy Collective and engineer Bob Rogers suggested a $40,000 escrow amount, while another engineering firm recommended $50,000. Engineer John Novak, the peer review engineer for the Planning Board, also suggested $50,000, with separate amounts that would increase every seven years upon review.

“I believe we’ve complied with the bylaw,” said developer Greg Carey, referring to the $40,000 estimate and the independent engineer’s estimate. “But for the purpose of trying to resolve the issue, we would be willing to work on a number that is somewhere in between $40,000 and $50,000.”

Lane said he would not hear that number, and pointed specifically to one detail of the estimate – salvage of the materials in the case of abandonment.

“I’m not prepared to move from [$110,000] unless I get really strong reasons why,” said Lane. “Salvage is all speculative. We have to look at the cost of seven years from now.”

Lane conceded that the issue would not be resolved that evening.

“To go from fifty to one-hundred is somewhat unreasonable,” said Carey.

Stormwater waiver issues were left unresolved as well, although Rogers explained that the drainage design has been modified in order to avoid certain Mass DEP regulations, to which Rogers was seeking a waiver.

The issue, which pertains to the grade of the site relative to seasonal high of groundwater, was resolved according to Rogers, who explained that the design has changed so that the east basin is at the existing grade of the land, and the system was reclassified as a “dry extended detention basin,” which no longer applied to some aspects of the DEP regulations. For water recharge, Rogers added an over 200 square-foot rock-filled trench.

Novak disagreed with Rogers over the alterations, and Novak insisted upon the DEP’s 2-foot above groundwater minimum as opposed to the 1-foot above groundwater waiver Rogers sought. Novak insisted Rogers’ 1-foot waiver request for the system was over 1-foot, more like 1.1 or 1.2 feet, which would require a waiver for a different amount.

Rogers visually appeared perplexed as he went over the details again with the board and Novak, but the two engineers did not reach common ground.

“What I’m trying to do is protect the board,” said Novak. “If they requested an incorrect variance then it’s not good for anybody.”

Lane asked the two engineers to meet at a later time to discuss the matter and resolve the disagreement before the next meeting.

Also during the discussion, Rogers provided the board with the reassurance it requested during its last meeting that would demonstrate that no houses could be built within 100 feet of the solar energy facility. Rogers presented the board with a signed letter from the property owners stating they would not later subdivide their remaining 23 acres of their land for the duration of the solar farm. He also presented an aerial photo of the site and a map detailing the locations of wetlands not viable for development to further prove that no houses could be built in the future inside the 100-foot setback.

Although board member Rico Ferrari stated he was uncomfortable with the level of reassurance, the rest of the board expressed contentment on that one issue.

The next meeting of the Marion Planning Board is scheduled for September 8 at 7:00 pm at the Marion Town House.

By Jean Perry

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