After a complex hearing, Blue Wave LLC – whose large solar farm project proposed for Tinkham Hill Road brought out approximately 60 vested residents – was approved by the Mattapoisett Zoning Board of Appeals for a commercial special permit. The hearing was one of two that contributed to a sprawling four-hour meeting.

Richard Charon of Charon Engineering presented the project to the board, explaining in rich detail the scope of the project, how it will be placed on the 65-acre site, storm-water management, replacement of woodlands with pasture vegetation, and long-term maintenance. Once he had completed his presentation, Charon launched into why the board had to approve the project.

Massachusetts General Law 40A, which was enacted several years ago, allows municipalities latitude to grant a special permit for alternative energy generation in residential locations. Charon went so far as to state, “You have the authority to approve such projects … you can not prohibit these types of projects.”

Chair Mary Ann Brogan asked Building Department Director Andrew Bobola, “Is that true Andy?”

Bobola responded, “Yes, this is true.”

What ensued was another one and a half hours of question and answers first from the board and then from the residents, who had packed the conference room to air their concerns.

Frances Cairns of Acorn Lane, whose residence is downstream from Tinkham Hill Road expressed concern that by changing the vegetation on such a large area, the development would increase the flooding issues she experiences. She asked the board to request a bond from the landowner, Dennis Mahoney and Sons, to help offset future expenses from damages that might result as unintended consequence from the site deforestation.

Patricia Harding of North Street questioned the general law 40A, section 9, and how such laws could allow a project of this type in a residential area. Bobola said that the town has not put any other bylaws in place that would place restrictions on construction like this and therefore, the general law being used by the applicant (7.2.2) would apply.

Clifton Lopes, whose property sits on the corner of North Street and Tinkham Hill Road, learned that NStar would make the final determination on whether additional utility poles would be required in front of his home to carry electrical cables from the solar inverters to the power grid tie-in.

Robert Allen of Jackie Lane asked if property values would be negatively impacted by having a power generation plant in close proximity to residential neighborhoods. Charon replied that there wasn’t any statistical data that would shed light on an answer.

Sylvia Ouimet of North Street, whose backyard abuts the proposed site, said, “I’ve lived there for 48 years … I’m concerned about a large industrial facility in my back yard.”

Shady Oak resident Diane Ortega asked if the transformers and inverters associated with the 12,000 solar panels could be moved to the east side of the site versus the west side thereby putting them further away from homes and closer to the planned smaller solar farm at the landfill site. Robert Erb of Solar Designs, which has partnered with Blue Wave in this enterprise, said it was “technically possible.”

Many residents voiced concerns over such construction phase hardships as noise, dust, heavy truck traffic, and safety. Each concern was countered by either Charon or one of Blue Wave’s staff members to the satisfaction of the board.

Due to the length of the hearing, the board suspended deliberations until the end of the evening in order to move along other business. In the end, the board did unanimously approve the project with conditions: Bond must be put in place and it must be sufficient to pay for full decommissioning of the equipment, site rehabilitation, and ongoing repairs to the site and plantings; long-term representative contact information for the town and the residents for any future dialogue needs; tree screening for the full length of North Street for the integrity of the scenic by-way status; police details during construction phase; construction start after Labor Day; relocation of inverters and transformers from west side to east side of site plan.

After a short recess, the next difficult hearing began. Applicant Monika Shuler was represented by attorney Richard Manning regarding property at 109 Marion Rd., site of the former Springmeadow Farms. He told the board that Shuler has experienced substantial financial hardship due to her failed agricultural activities on the site, and that the parcel has limited saleable benefits due to extensive wetlands and soils that cannot meet percolation guidelines. Shuler had attempted to build a bog on the high side of the property only to have that venture fail. In her effort to recoup some of those financial losses, she embarked in a creative solution to help sell the property. The solution is a two-prong plan. First a marine business at the back of the site and secondly a residence and farming venture facing Marion Road.

Shuler was seeking a variance to allow prospective buyer Saltwater Marine LLC to use the property for commercial boat work activities. Those activities were described by Manning and Saltwater’s Daniel Crete as environmentally sound boat maintenance, cleaning, and storage. Saltwater’s cutting-edge equipment and the construction of concrete pads designed to capture and contain wastewater and chemicals from the marine services were explained by Crete.

Manning urged the board to consider Shuler’s desire that the property fit into Mattapoisett’s Master Plan for economic development, interest in keeping agricultural activities robust at this location, and her extreme financial hardships.

After the board’s questions were satisfied, which included whether it was appropriate for Shuler’s application to be heard by the zoning board versus the planning board, public comments were entertained.

Those in favor of the variance request were Michael King and John Mathieu. Both believed the project as proposed was an excellent use of the land and provided business growth opportunity along with aesthetics associated with agricultural plantings.

This was countered by the residents and abutters who felt that a commercial marine business in the heart of a residentially zoned area was ill conceived. The board had received six letters from residents opposed to the zoning change citing concerns from residential property devaluation to traffic safety issues on Marion Road. Two homeowners were especially vocal in their pleadings against the variance request.

Beth and Carl Andrews, whose home abuts the Shuler property, stated that Shuler had created her own financial problems by not accepting the reality that the bog was not in a viable location. Beth Andrews stated, “Monika was told the bog was not going to work.” She further stated, “Monika bought the property knowing it wouldn’t perk!” The Andrews shared that Shuler’s activities on the site, including the removal of trees, had caused storm water runoff into their cellar and further changes to the site would only exacerbate those problems.

Peter Brickley, also a resident in close proximity to the 109 Marion Rd., said, “it is quite disturbing to learn that the property could be re-zoned to something other than residential … we will be impacted because the boat yard will be right in my front yard. There is no way to hide this operation.”

The board voted 4 to 1 in denying the applicant’s request.

Other hearings that were more quickly acted upon were:

Applicant Robert Carson of 18 Silver Shell Ave. requested a special permit to enclose an existing porch and create a balcony without changing the footprint of the residence. This was accepted as planned.

Applicant Stevan Gold, for an in-ground swimming pool at 8 Bay View Ave., was also approved.

By Marilou Newell

John DeVillars, principal of Blue Wave LLC, along with Trevor Hardy and Robert Erb of Solar Design, and Richard Charon of Charon Engineering hosted an informal presentation for interested residents and abutters of the proposed large-scale solar farm planned for Tinkham Hill Road in Mattapoisett. Approximately 50 citizens were in attendance at the meeting, held at the Knights of Columbus Hall, eager to learn the full scope of this 12,000-panel project.

DeVillars began by giving a brief presentation of Blue Wave’s background and status as a premier developer of solar energy projects around the globe, but the attendees wanted more specific information about the project’s impact on their neighborhood.

Residents questioned who would benefit from the energy generated from the site and if the project would devalue their property and homes. DeVillars shared that residents would not directly enjoy the benefits of the solar farm by reduced electric bills. He also said that there was no statistical or historical data that would aid in understanding whether such a project in a residential area would negatively impact property values. He did say, however, that at some point in the future, Mattapoisett may decide to partake in the energy program and that it may equate to lower taxes. DeVillars then outlined the bigger benefits.

With the construction of this large solar farm project, the town’s planned smaller solar project, proposed to be situated at the closed landfill, would cost less to build. Three-phase electrical tie in to the energy grid is necessary. With the larger solar farm positioned midway between the landfill site and the Nstar interconnection located near North Street, the smaller project’s tie-in to the grid would be accomplished at the larger project’s location versus a half-mile or more to the North Street tie-in. That reduction in the distance between the smaller project with interconnection at the larger solar site would save hundreds of thousands of dollars, DeVillars said. Blue Wave is also a bidder on the landfill solar project.

Erb addressed the UL and NEMA listings of the solar panels which he described as ‘tier 1’ units with a life expectancy of 20 to 25 years. This aligns with the timing of the lease agreement between Blue Wave and Dennis Mahoney & Sons. When asked if the units were RoHS-compliant (Restriction of Use of Hazardous Substances), he was not familiar with this classification but stated that the units did not contain any known hazardous chemicals.

Charon clarified that Blue Wave, in conjunction with Dennis Mahoney & Sons, was not seeking a zoning change but a “commercial special permit” that is allowed by Massachusetts General Law 40A, Section 9, and town bylaws 7.2.1 – 7.2.2.2.5. That bylaw reads in part: “7.2.2.2 Special permits shall be granted only upon the special permit granting authority’s written determination that the proposal’s benefits to the Town will outweigh any adverse effects on the Town or the vicinity in view of the particular characteristics of the site and of the proposal in relation to the site. 7.2.2.2.1 Social, economic, or community needs which are served, 7.2.2.2.2 Preservation of scenic vistas and public access to the shoreline where applicable, 7.2.2.2.3 Traffic flow and safety with special consideration of peak summer period congestion, 7.2.2.2.4 Impact on nearby uses and whether they would be supported or damaged under the proposal, and 7.2.2.25 Adequacy of roads, drainage, and other public services in relation to the location.”

Sylvia Ouimet, a longtime resident whose property abuts the large project, wanted assurances that she would not be able to see the completed solar farm from her backyard. “We moved here 48 years ago to live in a wooded area,” she said. Hardy then displayed in a computerized rendering of what the site might look like from Ouimet’s backyard on Shady Oak Drive once plantings around the perimeter fencing were mature.

Ruth Bates of Abbey Lane questioned negative impacts on water quality. DeVillars responded that the landfill solar farm would be more difficult and require different environmental considerations given that the landfill is unlined. Charon said that the Blue Wave large solar project would have zero impact on the water quality and quantity of runoff based on current computer modeling and Conservation Commission review. He also said that swales dug around the site would ensure runoff absorption versus flooding.

Clifton Lopes, whose property is very near the project, voiced his concern about runoff, habitat disruption, and views from his property. DeVillars said he wanted to work closely with Lopes and other residents to ensure their concerns would be addressed moving forward. Lopes also learned from Hardy that one or more additional electrical poles may be installed in front of his home for the electrical feeder cables running from the farm to the grid inter-connection. Hardy said he would review the need for additional poles with Lopes and try to position them in a manner that would be less intrusive. DeVillars did say that during the construction phase, which will last approximately 90 days, disruption was inevitable.

Construction phase noise levels and dust were discussed. Blue Wave intends to have water trucks at the site to wet down exposed top soil and dirt in an effort to keep dust and air-born particulates created by deforesting and grading functions to acceptable EPA guidelines. Noise levels may be problematic to residents in the area at times he confirmed. Again, DeVillars assured all that time of day and number of days per week that active construction would take place will be discussed to try and accommodate the peaceful use of homes in the neighborhood.

Blue Wave will consider but did not commit to planting trees completely along the east-west fence on the North Street side of the site believing that it wouldn’t be that visible given the distance from the roadway. Diane Ortega of Shady Oak Drive voiced concerned that the “scenic byway” designation of North Street would be diminished if the site could be seen from the street.

Hardy reminded the group that this type of land use had no impact upon town services, possibly other than fire suppression in the event of a fire emergency. “It is benign,” he said in terms of impact on the overall community services.

Blue Wave is negotiating with Mattapoisett, Hardy said, to pay approximately $30,000 per year in property taxes and will receive 40% to 45% in Federal subsidies. DeVillars confirmed that this will be the largest solar farm project Blue Wave has undertaken in a residential setting pending the project receiving Zoning Board of Appeals approval on April 18, which it did. Readers can find a recap of that meeting elsewhere in the issue.

By Marilou Newell

Although the two sides inched closer together during two nights of public hearings, the Planning Board and Energy Management Committee failed to reach consensus on Marion’s proposed Solar Bylaw.

As has been the case since the Board of Selectmen signed off on its inclusion in the warrant, the bylaw – which formalizes the process for installing residential solar arrays and recommends a Municipal Solar Overlay District – is in the hands of Town Meeting goers in May.

But the EMC had been seeking the imprimatur of the Planning Board to ease the policy’s passage, while the Planning Board insisted on changes ranging from tweaks to overhauls in the bylaw before issuing an endorsement. Although tensions between the boards have eased, that endorsement never came after three and a half hours of community input and discussion Wednesday, April 17. The third public hearing scheduled for Thursday, April 18, has been cancelled.

“We’ll let this play out at Town Meeting,” said Planning Board Chair Jay Ryder. “We’ll present a letter with our recommendations, and the chips are going to fall where they will.”

Planning Board members Pat McArdle and Ted North, the latter the most vocal opponent of the Solar Bylaw, were absent from the second night of public hearings. Although the testimony from residents on Wednesday was overwhelmingly in favor of the bylaw, its fate seemed as uncertain as ever at times, with talk of postponing consideration until the fall escalating.

EMC member Jennifer Francis dismissed this possibility.

“The reason we’ve made as much progress as we have is because we had a deadline: spring Town Meeting,” she said. “Our intent was not to go off and do this on our own. We did the best job we could, and we really felt like we came up with a solution. We can delay it again and again and again and never get there.”

The next Planning Board meeting is scheduled for May 6, during which time one aspect of the Solar Bylaw could be revisited: a broadened special permit requirement for all ground-mounted residential solar installations that the Planning Board has unanimously called for and that the EMC has up to this point resisted. Although it is unclear whether such an amendment could be attached to the bylaw in time for the Town Meeting – and what form that change would take – officials speculated about the possibility of presenting the bylaw for passage at the Annual Town Meeting, along with a provision implementing a special permit for a fall Town Meeting. “We can’t just agree in principle,” Ryder said. “We have to agree to something in writing.”

The Planning Board favors a special permit requirement because it provides a “meaningful vehicle for neighbors to weigh in,” according to member Tom Magauran, while Francis opposes it for the burdens it would place on applicants.

Marion resident Dan Cooney agreed.

“We should be doing everything we can to be leading the state when it comes to solar,” he said. “A special permit is a big deal for people with kids and jobs, who might not have access to an architect or a friend who is a lawyer. It’s time and money.”

Planning Board member Steve Kokkins argued that the “main issue is being able to have abutters as a formal part of the process, and the different shapes, sizes, and locations of lots. It’s about the flavor of Marion, and being able to evaluate each individual applicant’s situation.”

Kokkins and Magauran referred repeatedly to the challenge of ground-mounted residential solar installations’ recent emergence.

“These are still unfamiliar,” Kokkins said. “Maybe in 10 or 20 years, they’ll be much more familiar.”

But Marion resident Ted Brainard rejected this line of reasoning.

“I’m baffled being here two nights now that we can’t get together and solve this problem,” he said. “You have a very good spec in front of you. Solar has no smoke, no smell, and no noise. The only thing is sight, and they’re going to be screened.

“I suspect that there are audience members and board members who want to kill solar, and a special permit is the perfect place to kill it,” Brainard continued. “I don’t want to see renewable energy cut down like this. If I want renewable energy, I want it.”

Later in the evening, the Planning Board scrutinized the second half of the Solar Bylaw, which would authorize the creation of a Municipal Solar Overlay District on 50 acres of town-owned capped landfill. The overlay could lead to a community solar garden serving residents who lack a suitable solar site or do not possess the resources to purchase equipment.

Francis explained that the capped landfill is an “excellent solar location” because it is a “wasteland” near a power grid, already cleared, and has no shading.

“The overlay eliminates a need for a special permit,” said Francis in her presentation, “but still provides strict oversight via site plan review and DEP post-closure permit. The town would not pay for the DEP permit; the state would.”

The plan would be modeled after Brewster’s successful solar garden, and utilizing the landfill would satisfy one criterion in a potential Green Communities accreditation for Marion, should the town seek such status.

But the specter of the lack of a special permit process returned.

“The risks are low, but they’re not zero,” said Magauran, referring to the possible puncture of the underground waste membrane. “The problem for the board is the by-right. There are tens of millions of dollars of liability on that capped landfill. Who’s going to be responsible for that? Not the developer. The town. This is new stuff. I have no problem with it whatsoever, but I do worry about that landfill. Do it somewhere else.”

Citing similar projects in Fairhaven and elsewhere and noting the fact that the solar installations are lighter than vehicles that traverse the land, the EMC minimized that possibility.

“It’s not as if some green fog is going to float out and consume the town,” said Chair Bill Saltonstall.

Still, the Planning Board expressed serious concern that Marion might be cut out of the process, aside from leasing the land to the developer, and that some residents could be left out given the solar garden’s limited capacity. With various members voicing various problems with the proposal, it became clear that the board’s support of the Municipal Solar Overlay District is unlikely at best.

As the night drew to a close, Claude Hoopes, a supporter of the Solar Bylaw, advised Francis and the EMC to “find answers” before the Town Meeting, fearing for its passage as “larger questions and fear of the unknown linger in the conscience of the citizenry.”

If a bylaw fails to receive a two-thirds majority at Town Meeting, officials may not resubmit it for two years.

The next Planning Board meeting is scheduled for May 6. The Town Meeting begins May 13.

By Shawn Badgley