MONSON PLANNING BOARD
MINUTES SEPTEMBER 21, 2010
MEMBERS PRESENT: Craig Sweitzer, Paul Hatch, Kevin Haley and Karen King.
MEMBERS ABSENT: Tara Hengeveld.
7:00 The Board reviewed an ANR plan prepared by Adney Russo and submitted by Raymond Miller for property he owns on Hovey Road. Mr. Miller proposes to add additional land to a lot he created on a plan that was previously endorsed by the Monson Planning Board.
Karen King moved to deny endorsement for the following reasons:
- The addition of a note on the plan relating to the Wetland Protection Act that was misleading and could be misconstrued by a future owner that the watercourse shown on the plan was not subject to the Wetland Protection Act.
The note on the plan that states Lot 2A is not regulated by 310 CMR 10 is not factual and creates a fear that a future purchaser of the property may rely on the note for building purposes. Any notes that are on a plan that is to be recorded must be factual.
Paul Hatch seconded the motion.
It was so voted unanimous.
7:20 PUBLIC HEARING FOR A BYLAW THAT REGULATES LARGE-SCALE SOLAR ENERGY CONVERSIONS SYSTEMS AND THE ASSOCIATED DEFINITIONS.
Craig Sweitzer read the legal notice that appeared in the Republican newspaper the weeks of September 3 & 10, 2010 for a public hearing to be held on Tuesday September 21, 2010 at 7:15 P.M. in the Town Administration Building 110 Main Street to review and consider the adoption of a bylaw that regulates large-scale ground-mounted photovoltaic installations and the definitions associated with such installations. The purpose of the proposed bylaw is to establish appropriate criteria and standards that address public safety minimize impacts and provide adequate financial assurance for decommissioning such installations.
Paul Hatch stated that the word “adjacent” should be changed to abutting in Section 6.23.3 Location.
Craig Sweitzer questioned the requirement of Section 6.23.8.3 that “the buffer must provide coverage of three (3) feet in height from the proposed grade to the top of the majority of the planting material at time of installation”?
Paul Hatch stated the Pioneer Valley Planning Commission reviewed the bylaw developed by the Planning Board and a representative from PVPC met with Town officials to discuss the review. One of the issues discussed was the buffer and it was decided that because the optimum height for a successful planting is three (3) feet it should be included in the bylaw.
Kevin Haley questioned if the Board had the expertise to determine the amount of the escrow account that must be set up to cover the cost of removal if that situation should arise?
Craig Sweitzer stated Section 6.23.11.3 Financial Surety specifies that the project proponent shall submit a fully inclusive estimate prepared by a qualified engineer.
Craig Sweitzer questioned if the bylaw was targeted solely to photovoltaic installations or if parabolic reflector systems were included?
Paul Hatch stated the bylaw is describing the use arrangement for photovoltaic panels with direct electrical conversion.
Mary Zollo 14 Macomber Road questioned why the Board had proposed a bylaw for solar energy and if the property owned by the Arooth’s was the only place for one to be sited?
Craig Sweitzer stated the Planning Board received an informal enquiry regarding a solar energy installation and met with the company that is interested in pursuing an installation on property located on Upper Palmer Road. As a result of that meeting the Board started work on the bylaw that is the subject of the public hearing this evening. Mr. Sweitzer stated that the Board has not received a formal submission for a solar energy installation for any property that is located in Monson.
Mary Zollo stated she lives on Macomber Road and would be one of those most affected by this, as it would be directly behind her house. She questioned how far from her property would this be?
Paul Hatch stated the bylaw proposes a 75 foot setback from the property lines.
Michael Rossman 10 Macomber Road questioned exactly where on Upper Palmer Road the company was considering locating the solar panels?
Craig Sweitzer reiterated that no formal submission had been received but it was the Boards’ understanding that this particular site on Upper Palmer Road was ideal because of the Arooth farm corn fields and the transmission lines that run through the fields. The bylaw specifies that any property in Monson having 50 acres in area and transmission lines running through or abutting the property would be considered for location of a solar energy installation.
Dan Zollo 14 Macomber Road questioned if the Town had considered the property values of the properties abutting such a facility?
Craig Sweitzer stated as far as he knew no study had been done but this land was the subject of a sub-division proposal that would have located some 50 to 60 houses on the land behind Mr. Zollo’s property. How a sub-division versus a solar energy installation would affect property values he did not know.
Mr. Zollo stated that was his concern he would not know how it affected his property value until he went to sell his home.
Karen King stated when the Board develops a bylaw it does so with the Town and all of its residents in mind.
Michael Rossman asked the Board to look at what is there now and tell him how it would not adversely affect their property values?
Karen King stated the only way to guarantee that a certain view or use of the land will not change is to own it.
Mr. Rossman questioned what money was in this for the Town?
Gretchen Neggers, Town Administrator stated if the facility went forward and was built that would be negotiated with Cornerstone Development.
Mr. Zollo questioned if the solar panels were stationery or if they moved?
Craig Sweitzer stated the panels are mounted on a building.
Paul Hatch stated speaking from personal knowledge the solar panels he is installing on his property are slanted and approximately four feet at the low point up to 15 feet at the high point.
Mr. Zollo questioned if the reflection would be going onto his property?
Paul Hatch stated the bylaw is for photovoltaic installations not for parabolic reflector installations. The design of photovoltaic solar panels is to absorb the sun light not to reflect it.
Mary Zollo stated she would be looking down on this from her home instead of looking down on corn fields.
Paul Hatch stated there is no guarantee when you buy a home that the view will remain the same. The land will be used for something and in this economy it is a low probability that it would be agricultural in nature.
Dan Zollo stated he understood this was good for the Town and its residents but it was not a positive situation for him.
Gretchen Neggers stated the bylaw was designed to protect the interest of abutters as much as possible. The lighting on the property must be directed downward and inward so there is no impact on the night sky. The Planning Board has made every effort to respect the concerns of residents living near a solar energy installation, as well as recognizing the day of making a living from a large scale farm has passed and farmers must find other ways to supplement their income.
Dan Zollo questioned if the Board had imposed any height restrictions?
Paul Hatch stated no.
Craig Sweitzer stated there would be a building on the property to house the controls and a fence in addition to a vegetated buffer. The purpose of the bylaw is to reasonably regulate such installations and to mitigate as much as possible the impact to abutters but it is not possible to compensate completely.
Dan Zollo questioned if the abutters would be offered monetary compensation for having their view taken away?
Craig Sweitzer stated that is not an issue for the Planning Board but to his knowledge that has not happened in the past and he thought it highly unlikely that the Town would set that precedent.
Paul Hatch stated the bylaw was not written for this particular parcel of land in fact the Board identified four other parcels of land that have the required fifty acres and a transmission line going through or abutting the property.
Mr. Zollo questioned if the bylaw was law after this meeting?
Craig Sweitzer stated it was not. At this public hearing the Planning Board makes a recommendation to the Board of Selectmen to place the bylaw on the warrant for the Special Town Meeting and takes a vote to support or not to support the bylaw at the Town Meeting. The residents of the Town vote at the Town Meeting for or against the bylaw. If the Town votes for the bylaw it is then sent to the Attorney General’s Office for approval.
Paul Hatch stated this is the most benign form of energy.
Craig Sweitzer stated it is sustainable renewable energy that is better than being reliant on imported oil, that being said it will change the view from abutting properties.
Michael Rossman stated he wanted to be sure that he understood correctly that the panels would be 15 feet high.
Paul Hatch stated not necessarily. He stated he made that statement based on his personal experience with the installation of panels on his land that will go from five feet to thirteen feet. It is a definite advantage to keep them as low as possible.
With no further questions from those in attendance Karen King moved to close the hearing at 8:15 P.M.
Kevin Haley seconded the motion.
It was so voted unanimous.
Paul Hatch made a motion to change Section 6.23.3 Location of the proposed bylaw by removing the word “adjacent” and inserting the word “abutting”.
Karen King seconded the motion.
It was so voted unanimous.
Karen King made a motion to recommend that the Board of Selectmen include the Large Scale Ground Mounted Photovoltaic Installation bylaw and associated Definitions on the warrant for the Special Town Meeting on October 18, 2010 and that the Board would support the bylaws at Town Meeting.
Craig Sweitzer seconded the motion.
It was so voted unanimous.
The Board received a letter from the Register of Deeds Donald Ashe requesting a list of all Planning Board members authorized to sign sub-division plans submitted to the Hampden County Registry of Deeds for recording.
Individual Board members signed the letter.
The Board received letters of interest from Daniel Ochs 26 Flynt Avenue Monson and Marilyn Gorman-Fil 369 Main Street Monson to serve as the Monson representative to the Pioneer Valley Planning Commission.
Paul Hatch moved to appoint Daniel Ochs as the Monson representative to the Pioneer Valley Planning Commission.
Craig Sweitzer seconded the motion.
It was so voted unanimous.
Craig Sweitzer stated the Board of Selectmen has the responsibility to appoint the alternate and asked the Clerk to forward Marilyn Gorman Fil’s name to them for their consideration.
Paul Hatch moved to adjourn at 8:45 P.M.
Craig Sweitzer seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
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