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Planning Board Meeting Minutes
November 8, 2011
Memorial Town Hall
Members Present: D. Lindberg, A. Bonofiglio, O. Lies, J. Head, S. Carlson
Members Absent: W. Ritter
Others Present: P. Harding, Town Planner, Deb Sciascia, Recording Secretary
Dan Hazen, DPW Engineer
7:00 PM: A. Bonofiglio called the Planning Board meeting to order.
WINGSPAN BOND REDUCTION: The current bond for Wingspan Estates is $71,895.42. The Department of Public Works has recommended a reduction to $42,215.86. It is expected this subdivision will be on the Town Meeting warrant in May, 2012.
The topcoat of pavement will be done tomorrow. D. Hazen said the utilities are completed.
A. Bonofiglio motioned to approve the bond reduction. J. Head seconded. All in favor, vote 5-0, APPROVED.
Documents presented during review: Letter & Chart dated November 2, 2011 from James Zingarelli, Town Engineer to Pamelal Harding, Town Planner. (Documents can be viewed at the Town Planners Office)
PLANNING BOARD SUBDIVISION STATUS
WAGNER MEADOWS / Casa Builders: A single family subdivision that consists of 29 lots. All lots have been issued buildings permits and there are 8 Certificate of Occupancy’s pending. The road has been paved to binder, streets lights have not been installed, and all sidewalks are constructed. There is still a bond on the subdivision, and the subdivision approval expires on August 15, 2012. The applicant is intending to apply to the May 2012 Town Meeting for street acceptance.
BULLARD ESTATES / Casa Builders: 11 lots in a single family subdivision, considered to be Phase II of Wagner Meadows. No building permits have been issued. The road is constructed to binder though sale of the property is still restricted under covenant. The subdivision approval expires on June 9, 2013.
HIGHLANDS OF HOLDEN/C & S Builders: Is a 38 lot single family subdivision. 9 lots are vacant. The road is paved to binder, the sidewalks are constructed, and there are no street lights installed. There is still a large pile of fill located in the vicinity of 39, 43, 45, and 49 Vista Circle, though the pile has reduced significantly. The applicant intends to complete the subdivision in the Spring and apply to the May, 2012 Town Meeting for street acceptance.
Stanjoy Estates Phase 1 / Stanjoy Estates, LLC: The project consists of an 11 lot single family subdivision off Winter Hill Road, just south of Winter Hill Estates. The applicant has secured all approvals, a covenant restricts sale of the property and construction has not commenced.
ALDEN WOODS II / C.B. Blair Builders: This is an 11 lot single family subdivision. The approval expires on May 23, 2013. The subdivision is built-out. The top paving is completed and the applicant will be petitioning the town for street acceptance for the May 2012 Town Meeting. Currently, the only outstanding, prior to street acceptance, will be spring cleaning, such as mowing of the detention ponds and cleaning of the catch basins.
STONEY BROOK ESTATES / CB Blair Builders, LLC: Stoney Brook Estates is a 76 lot single family subdivision located in the vicinity of 290 Reservoir Street. The subdivision is being built in phases. Phase I includes the sewer pumping station and the first detention pond. Phase I of the subdivision has been secured through a Tri-Party Agreement. The roadway is constructed to binder. There are no sidewalks and no street lights within this portion of roadway. There have been 7 building permits issued within Phase I and the remainder of the subdivision is still under Covenant.
WINGSPAN ESTATES / Wingspan Properties, LLC: This is a 12 lot single-family subdivision located on Main Street near the Worcester line. All 12 lots have been issued building permits. All but two have Occupancy Permits. The roadway has been constructed to binder, and the sidewalks are complete. Improvements are secured by a Letter of Credit. The applicant has recently requested a bond reduction and had intentions of constructing the final coat of pavement within a week, but the weather conditions have delayed this work.
JOINT SPECIAL PERMIT AND SUBDIVISION PROJECTS
WACHUSETT WOODS / Holden Heights, LLC: This is a 39 lot single family subdivision which was also issued special permit approval under the affordable housing bylaw. 17 lots have been issued building permits. Of the 17, six are the designated affordable units. The road is paved to binder the sidewalks and street lights have not been constructed. The developer has agreed to install street lights in the vicinity of the occupied homes. The subdivision approval expires on June 23, 2013. This development is not expected to be on the warrant for street acceptance in 2012. The subdivision is secured by a Letter of Credit for $205,655.97.
HILL WOODS ESTATES: Is a 9 unit development consisting of 4 duplexes and one single family home on commonly owned land. The development was approved under the affordable housing bylaw, one of the units is affordable and currently for sale to an eligible buyer. There were previously 2 affordable housing units but after one year on the market and the inability to find an eligible buyer the number was reduced to one unit with a price reduction from $164, 500 to $134,500.
SPECIAL PERMITS
THE VILLAGE AT WESTMINSTER PLACE: Special Permit for a Continuing Care Retirement Community – Approved with the condition that at least one owner is over 55. There are a total of 125 units. 113 units are vacant and 8 are occupied. The road is paved to binder. The approval expires on May 23, 2013.
MILL POND PLACE (EXPIRED ON SEPTEMBER 5, 2010): 46 condominium units. This approval expired a year and a half ago. Renovations to the building began shortly after Planning Board approval in September, 2006. When the economy started to decline renovation were stopped and the project has been at a standstill for the last four years. The applicant was notified of the expiration and contacted us to assemble the required application for an extension of time but the documents were never submitted. Taxes are up to date. It is suspected they are waiting for changes in economic conditions.
GROUND MOUNTED SOLAR PHOTOVOLTAIC INSTALLATIONS BYLAW:
1. SIZE TO TRIGGER SITE PLAN: 250kw is recommended by the state – this occupies one acre of land, at the last meeting the Board discussed utilizing occupied land area to trigger site plan review. I have amended the bylaw so a one-half acre site would trigger site plan review, regardless of whether it is accessory or not.
- BUILDING PERMITS: The Building Commissioner has stated that a building permit is not required for a ground mounted solar panel but suggested requiring a minimal building permit for zoning purposes.
Large-Scale Ground-Mounted Solar Photovoltaic
The purpose of this bylaw is to regulate the creation of new large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations.
The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic installations.
This section applies to large-scale ground-mounted solar photovoltaic installations generating 250 kw or more which occupy one half acre or more, this does not include the required area to be cleared. . This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.
Solar Photovoltaic Array: an arrangement of solar photovoltaic panels.
- General Requirements for all Large Scale Solar Power Generation Installations
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The following requirements are common to all solar photovoltaic installations to be sited in designated locations.
- Building Permit and Building Inspection
No large scale solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.
Ground-mounted large scale solar photovoltaic installations with 250 kWwhich occupy one half acre ore more, not including clearance requirements or larger of rated nameplate capacity shall undergo site plan review by the Site Plan Review Authority prior to construction, installation or modification as provided in this section.
All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in Massachusetts.
Pursuant to the site plan review process, the project proponent shall provide the following documents:
- Property lines and physical features, including roads, for the project site;
- Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;
- Blueprints or drawings of the solar photovoltaic installation signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures
- One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;
- Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;
- Name, address, and contact information for proposed system installer;
- Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;
The name, contact information and signature of any agents representing the project proponent; and
- Documentation of actual or prospective access and control of the project site (see also Section 3.5);
- An operation and maintenance plan (see also Section 3.6);
- Zoning district designation for the parcel(s) of land comprising the project site (submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose);
- Proof of liability insurance; and
- Description of financial surety that satisfies Section 3.12.3.
- Evidence of utility notification
- Two stamped addressed envelopes for each abutter.
- Filing fee of $200.
The Site Plan Review Authority may waive documentary requirements, as it deems appropriate.
The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation.
- Operation & Maintenance Plan
The project proponent shall submit a plan for the operation and maintenance of the large- scale ground-mounted solar photovoltaic installation, which shall include measures for maintaining safe access to the installation, storm water controls, as well as general procedures for operational maintenance of the installation.
No large- scale ground –mounted solar photovoltaic installation shall be constructed until evidence has been given to the Site Plan Review Authority that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner or operator’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
- Dimension and Density Requirements
For large - scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:
Proposing a minimum 50’ setback from all lot lines
- Lot Size A minimum of two acres
(if we regulate smaller fields, may consider reducing minimum lot size requirements).
All appurtenant structures to large- scale ground-mounted solar photovoltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.
Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large – scale ground-mounted solar photovoltaic installation. Buffering shall be provided to screen the array from view from all adjacent streets and properties, vegetation can consist of stockade fencing, vegetation, or landforms. All newly planted vegetated buffering shall predominantly consist of evergreen species.
3.9.2 Lighting
A Lighting plan for of solar photovoltaic installations shall be required. The lighting plan shall include the array and other parts of the installation, such as appurtenant structures. Lighting shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
Signs on large- scale ground-mounted solar photovoltaic installations shall comply with a municipality’s sign bylaw. A sign consistent with a municipality’s sign bylaw shall be required to identify the owner and provide a 24-hour emergency contact phone number.
Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.
Reasonable efforts, as determined by the Site Plan Review Authority, shall be made to place all utility connections from the solar photovoltaic installation underground, This requirement may be waived by the Planning Board if the Applicant can prove there are not negative aesthetic affects and the underground installation is prohibited by the utility provider.
The large scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
- Land Clearing, Soil Erosion and Habitat Impacts
- Monitoring and Maintenance
- Solar Photovoltaic Installation Conditions
The large - scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic system.
- Abandonment or Decommissioning
Any large- scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with Section 3.12.2 of this bylaw shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Site Plan Review Authority by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
- Physical removal of all large- scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.
- Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
- Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Authority may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
Absent written notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Site Plan Review Authority. If the owner or operator of the large- scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the town may enter the property and physically remove the installation.
Proponents of large-scale ground-mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Site Plan Review Authority, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. Such surety will not be required for municipally- or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs
due to inflation.
COMMERCIAL |
R-40 |
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R-2 |
R-10 |
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BO-P |
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Solar Array Field |
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P. Harding briefed S. Carlson on what the Board was doing. He informed the Board that as a private utility, the Holden Municipal Light Dept. is not required to buy back all generated power from solar.
D. Lindberg said that on a 34 acre site in Rutland, at the Boy Scout Camp, a solar installation is about to be approved.
O. Lies would like to define ‘large scale’ under definitions, adding ‘1/2 acre or more’.
P. Harding will check into issues with solar glare hazards. The next step is to recommend this be put on the warrant for Town Meeting and hold a Public Hearing.
DESIGN REVIEW GUIDELINES - Zoning Amendment: The current site plan/special permit bylaw is included in the update below, minor suggested changes are highlighted. Town Counsel is reviewing the changes, and has stated that all requirements are broad enough to be within the scope of Site Plan Review.
ZONING BYLAW
Section XI.J.3.g.
- Site Plans: The following instances shall require the issuance of a site plan review special permit from the Planning Board in accordance with the provisions of this Section XI.J.3.g:
- If a use is being commenced or changed form on use to another and if Table 4. of the Zoning Bylaw requires ten (10) or more parking spaces (e.g. a new mall is being proposed or a house is being changed to a bank). If there is a change of use and the change does not require an increase in parking under Table 4., then no site plan review special permit shall be required (e.g. a card store is being changed to a lawyer’s office).
- If there is a change of use and Table 4. requires ten (10) or more parking spaces, and if the change of use requires the issuance of a special permit or a variance (e.g. a restaurant is being proposed).
- If a building is being enlarged and Table 4. requires ten (10 )or more parking spaces, even if the parking requirement is not increased by the enlargement (e.g. a hospital is proposing a new wing).
- If a use is being commenced or changed from on use to another and the use involves a drive-up or self activating facility, regardless of the number of parking spaces required by Table 4.
- Applications Special permit application forms shall be submitted in duplicate and shall be accompanied by eight (8) copies of the proposed site plan and such other documents and fees as the Planning Board may require.
- Contents of Plans Site plans shall be submitted in a scale of not less than 1”=40’. Site plans shall show the boundaries of the premises, label direct abutters, existing and proposed topography, existing and proposed buildings including the facades thereof, building elevations, exterior building materials, parking, screening, water, sanitary sewerage, storm drainage, loading areas, driveway openings, driveways, service areas and lighting. A landscaping plan must be submitted designating the location and species of each proposed and existing planting. There must be a landscaping table included on the plan which lists species, quantity and size. All dumpsters, outside storage areas, generators and other similar structures must be marked on the landscaping plan and designate proposed screening.
Fencing must show location, type and height.
- Review In reviewing each such application, the Planning Board shall determine that the site plan is so designed as to assure the following:
- Adequate parking and safety of internal circulation and egress.
- Traffic safety and ease of access at street and highway entrance and exits of driveways, taking account of grades, sight distances and distances between such driveway entrances, exits and the nearest existing street(s) or highway intersection(s).
- Adequate access to each structure for fire and service equipment.
- Adequate utility service and drainage, consistent with the performance standards of the Subdivision Control Regulations for the Town of Holden.
- The proposed site fits in with the scale and architectural style of surrounding properties
- Architectural and site details: Details, color texture, materials, light fixtures, signs and all exterior features should be visually compatible, blending to create a diverse yet unified street composition.
- The Board will review all proposed alterations of, and additions to, existing structures, and all new construction.
- New construction should respect the existing historic streetscape. The historic relationship of buildings to the street and to other properties in the district, including setbacks and open spaces, should be maintained.
- The Board will consider the appropriateness of the size, massing, scale, height, and shape of the building or structure both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity.
- The style of architecture of new construction should complement the predominant style of existing historic buildings in the vicinity.
- New structures should be finished on the exterior with composition, and architectural details that are consistent with the architectural style predominant in the vicinity.
- Features such as doors and windows should be compatible in proportion, size, shape, location, and pattern with similar features on other contributing structures.
(4) Applications approved under this section shall be constructed according to plans submitted to the Planning Board, and any modification(s) thereof after Planning Board approval, including changes to the facade of the structures as presented to the Planning Board during review of the Special Permit, shall require the approval of such modification by the Planning Board. The Planning Board may approve such modification during any regular meeting of the Planning Board if the Board determines that the modification is not substantial. Any substantial modification shall require a full submission under the application procedure outline in Item 1 of this section.
O. Lies: under j) he would like to remove the word ‘historic’. P. Harding will change to something like ‘small town New England style’. She will come up with a few options.
CMRPC DELEGATES: At the last meeting the Board discussed giving thought to possible candidates to be appointed to the CMRPC as a delegate of the Planning Board. Delegates appointed to the CMRPC are required to attend quarterly meetings. The Commission is responsible for all policy decisions including approval of the annual work program and budget for the CMRPC. Delegates serve as a link between the CMRPC and the Town and vote to compete for grant funds, identify community needs in transportation, and foster sub-regional cooperation. The delegates serve as a liaison to communicate local needs to the Regional Commission. There is still no interest. To be continued at another meeting.
OTHER BUSINESS:
- O. Lies: Informed the Board that the State has approved funds for District Technical Assistance. There is also money available for efficiency projects. In 2012 money will be available to promote regionalization. The Zoning Reform Act is also moving forward. 74% of the Dept. of Transportations budget is for debt service.
NEXT MEETING: November 22, 2011
J. Head motioned to adjourn. D. Lindberg seconded. All in favor.
Adjourned 8:15 PM.
November 8, 2011 Minutes approved: January 24, 2012
Debra A. Sciascia, Recording Secretary
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