Rochester Solar Farm Scope Reduced by Half

Residents living near the proposed solar farm slated for the center of Rochester were surprised to hear July 20 that the developer has scaled down the size of the project by 50 percent – from a 10-acre solar farm to a 5-acre one.

The Rochester Board of Selectmen, although not a party to the permitting process for the project, was included in the conversation as a courtesy, said NextSun Energy Project Manager Amelia Tracy, after the community responded with concerns over screening. Concerns focused on the selective cutting of older, taller trees along the initially proposed 20-foot buffer around the site to be clear-cut to make way for solar arrays.

“We decreased the size of the project in an effort to screen it out more,” said Tracy. “We had a completely different-shaped project before.” She called this latest plan a “less impactful project.”

Tracy said the project was scaled down in size to provide for a wider buffer of 80 feet along the perimeter instead of the 20 feet. The developer also proposes placing a conservation restriction for the 25-year duration of the project on a portion of the property NextSun is purchasing, the old Gibbs dairy farm between Dexter Lane and New Bedford Road.

“I know there’s been a lot of buzz about [the project],” said Tracy. For this reason, the company provided an early rendering of the view of the solar farm from the abutting historic cemetery. Low-lying vegetation would be left alone and only the selective cutting of trees that would cast a shade on the panels would be carried out. Additional trees and shrubs for further screening would be added.

“Our project, as we see it, is going to be completely screened from New Bedford Road,” said Tracy. She said only one 20-foot wide access road would be visible from the road, with no view of the solar arrays. From the cemetery, said NextSun Energy President Jacob Laskin, a faint line of the solar arrays would be visible.

Abutter to the project, Matthew Monteiro, said, “So if I am standing in the historic district, I can see the solar panels.” Tracy reminded Monteiro that the company has yet to file any applications with the Town. According to Laskin, NextSun attempted to file with the Planning Board without success, but will again file in the near future for a site plan review.

“We do feel it’s a good use [of the land],” said Tracy. “We do feel we would be a good neighbor.” For example, she said, the project would contribute to the town’s tax base without drawing on municipal services.

Resident, former town moderator, and former candidate for selectman Greenwood “Woody” Hartley asked what the value of the project would be, which NextSun representatives said would be about $1.75 million. Hartley urged selectmen and abutters to consider, as opposed to a strip mall moving in, there would be no nighttime light pollution or noise.

“This is a passive neighbor once it’s done,” said Hartley. “I’d just hate to see us shut it out…”

But it is the neighbors who would experience the most impact, said Town Counsel Blair Bailey. “They’re going to want to know if you can or cannot see it from a public way. From a neighbor’s standpoint, that’s going to come up with the Planning Board.”

Also during the meeting, selectmen and Bailey discussed their strategy to get Melinda and Liberal Teixeira of 386 North Avenue to comply with the board’s August 2014 orders to either build a proper shelter for their kennel dogs or cease the kennel’s operation.

According to Bailey, the Teixeiras appealed the board’s decision in District Court and then did not appear at the hearing, thus subjecting themselves to the order to comply by default. Since then, the animal control officer has issued a number of violation tickets, and selectmen urged the ACO to continue to issue fines of $50 and $100 per violation every day. The police chief has also filed criminal charges against the couple. The Teixeiras are now operating a kennel without a permit.

“Hopefully we end up in court this week with some sort of court order,” Bailey said. “That’s (the tickets and the criminal complaint) literally the only teeth we have.” He said, frankly, he hopes to move forward with the criminal complaint.

“Then it becomes a warrant and that is a serious thing,” said Bailey.

According to Bailey, the Teixeiras have approached the police chief with concern about the tickets.

“Hopefully we’ve gotten their attention,” said Bailey. “But I don’t want to give anybody any false hope,” Bailey said to neighbors of the Teixeiras present in the room. “We’re doing what we can to ramp up the pressure.” He then suggested neighbors contact the ACO when they observe the Teixeiras at home so the ACO can appear to inspect the premises. Bailey said the ACO has not had luck finding anyone at home, and, without a warrant, the ACO is unable to enter the property to inspect.

Board of Selectmen Chairman Richard Nunes asked if anything had changed at all on the property since the Teixeiras’ initial appeal.

“No,” said Bailey. “The ACO actually said, from the time that she went out in that 14 days … she actually counted more dogs [than counted in the past.]” He said he would like to see the Teixeiras ticketed every day. “It’s a nuisance and it’s also a violation of the Town bylaws. It’s a fine and it’s enforceable in District Court, and, ultimately, Superior Court.”

“We’re hitting it at as many angles as we can,” said Selectman Naida Parker.

In other matters, Rochester’s water commissioners attended to update selectmen on the status of the renewal of the Massachusetts Department of Environmental Protection’s 20-year Water Management Act Permit, which regulates the quantity of water towns and districts can withdraw from waterways and water sources.

Water commissioner Fred Underhill said the DEP would reduce the amount of water Rochester and other surrounding towns could draw, which, he said, would be a problem.

“Our 50 percent would be reduced,” said Underhill. “The 200 plus Rochester water residents will see an increase in cost, and probably a reduction in what they’ll be able to use.”

Underhill said he would keep the board updated as the process unfolds.

The next meeting of the Rochester Board of Selectmen is scheduled for August 10 at 6:30 pm at the Rochester Town Hall.

By Jean Perry

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