Minutes 11/27/18
This meeting was recorded for the secretary’s records.
Location: Town Hall Annex 246 Main Street
Open: 6:35pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, Tim Nahrwold, David George (town planner)
Guests: Clea Blair, Jr., Silvia Ruzbasan, Jeff Brandt, Jared Donald (AMP), Lawrence Cook (AMP), Jolene Jennings, Daniel McGlynn, Anne & Michael Richstone, Peter Gilleney, Jr., Debra & Gregg Pospiel, Tim & Linda Sullivan, Kristi Carlson, Rick Skodis, Leroy C. Clark, Andrew Wagner, Adam & Kristina Nunnari, Kristi & Tim Carlson, Chris Anderson (Hannigan Engineering), Harold Reader (ZPT)
The board reviewed minutes from 11/13/18. Shawn made a motion to accept the minutes with corrections. Dick 2nd. Norm, Dick, Marilyn and Shawn voted favorably. Tim abstained. The board reviewed the minutes from 11/19/18. Dick moved to accept the minutes. Shawn 2nd. Norm, Dick, Marilyn and Shawn voted favorably. Tim abstained.
There was discussion about CMRPC’s invoice #3779 in the amount of $8,000.00 for Assistance from 1/1/18 to 9/30/18. Clarification on this bill is needed. The board feels this is in reference to Ron Barron’s assistance. They are uncertain as to why it is an even number when they believe he was paid hourly. Norm feels Margaret would know (past Town Administrator).
Brintnal Estates Covenant Release Request: The board received a letter from George Kiritsy on behalf of CB Blair Development Corporation on 11/11/18. Kiritsy requested a release of covenant with a new covenant extending the completion time from March 2019 to March 4, 2024. Clea is struggling with MEPA and needs more time. Discussion ensued. The board feels 2024 is too much time. Dick motioned to extend the covenant to March 4, 2021. Tim 2nd, all in favor. Dave will send a letter to Kiritsy. Tim would like the new covenant to be reviewed by town counsel. A covenant should be a condition of approval on a subdivision.
ANRS: Blair presented 3 ANRS on Brintnal Drive. The first ANR was at 44/B/3. It cuts a piece out of his property which will be known as Lot 8. This ANR makes 2 lots from 1. Dick moved to endorse the ANR. Shawn 2nd, all in favor. Check #1616 in the amount of $350.00 was received. The amount should have been $400.00. We will need to collect another $50.00 from Blair. The board signed the ANR.
The second ANR was due to land being traded between Blair and George Jones. This was in reference to 44/B/3 and 44/B/3.07 (Lot 7). Shawn made a motion to endorse the ANR. Tim 2nd, all in favor. Check #1618 in the amount of $500.00 was accepted. The amount should have been $400.00. We need to refund $50.00 and the other $50.00 will cover the remaining amount due on the first ANR. The board signed the ANR.
The third ANR presented by Blair referenced 44/B/3 and 44/B/3.06. This creates lot 2. Tim moved to endorse the ANR. Shawn 2nd, all in favor. Check #1617 in the amount of $350.00 was received. The amount should have been $400.00. Since we had an extra $50.00 from the second ANR we are now even with Blair on the 3 ANRS and no money will be refunded.
Public Hearing ASD Glenwood Solar LLC (AMP Solar) 199 Glenwood Rd. (54/A/6 & 6.01):
Open: 7:38pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, Tim Nahrwold, David George (town planner)
Guests: Silvia Ruzbasan, Jeff Brandt (Environmental Engineer TRC Solutions), Jared Donald (AMP), Lawrence Cook (AMP), Jolene Jennings, Daniel McGlynn, Anne & Michael Richstone, Peter Gilleney, Jr., Debra & Gregg Pospiel, Tim & Linda Sullivan, Kristi Carlson, Rick Skodis, Leroy C. Clark
Norm explained the rules of order for the hearing. Jared Donald presented the project. The landowner is Leroy (Skip) Clark. No detention basins are needed. The land abuts wooded wetland. The project is 6.5 MW DC (4 MW AC) There will be no impact to the wetlands and very little clearing needed. The land is currently being used as a hayfield. There was discussion about comments from Quinn Engineering (reference report dated 11/19/18) regarding Zone A impacts. Jared said that the pad location will be adjusted to correct this issue. The applicant will address all of Quinn’s issues and then Quinn will review the project again. A 50 foot setback waiver will be required. It was agreed that it is unlikely that a house will be built on the lot with the ANR, but the waiver should still be in place.
Dick commented that on the Quinn report it states that northern portion of the site is a tributary to the Chicopee River. Dick says this is incorrect and that it should actually be just the Nashua River.
Anne Richstone had concerns as to the health risks from this project. The applicant stated that studies have been done and that there is no more risk than from current electric lines that run through the town. The Richstones are also unhappy about this solar project going into a residential neighborhood. The board explained that our current Solar Bylaws allow for this use of property. They cannot deny a solar project that follows all the local and state laws. Jolene Jennings suggested that the Solar Bylaws be changed to limit the number of solar facilities coming into town. This will be considered for future bylaw changes, but will not affect the current hearing.
Dick made a motion to continue the hearing on 12/11/18 at 7:20pm. Shawn 2nd, all in favor.
Adjourned: 8:20pm
Public Hearing ASD Campbell Solar LLC (AMP Solar) 29 Campbell Court (53/B/12.01):
Open: 8:23pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, Tim Nahrwold, David George (town planner)
Guests: Silvia Ruzbasan, Jeff Brandt (Environmental Engineer TRC Solutions), Jared Donald (AMP), Lawrence Cook (AMP), Jolene Jennings, Daniel McGlynn, Andrew Wagner
The landowner is Ted Mahan and the property is currently leased for equestrian use. The proposed solar project will go behind the horse stable. This site is smaller than the applicant originally intended due to wetland constraints. It will be 1 MW AC (1.5-1.7 MW DC). There may be batteries at this location. The applicant requested putting the path around the facility outside of the fence so that it could be used for trails for the horses. The planning board is in favor of this idea, but requires approval in writing from Seth Knipe (Fire Chief). The applicant will obtain a letter from Seth to bring to the next hearing. Norm would prefer stockyard fencing. The applicant is fine with this as long as electrical code is met. The applicant needs to reconfigure their design a bit based on Quinn’s comments
(reference 11/16/18 report). There was concern for an abutter about the condition of Campbell Court (the road itself) and whether it will be further damaged during construction. It will be a condition of approval that the applicant repairs any damage done to the road and that the road will be brought back to the pre-construction condition upon completion of installation. Jolene questioned about noise pollution. The applicant explained it would be similar to the sound of an air conditioner. The applicant stated he could plant some vegetation to further buffer any noise. Approximately 3 acres of trees will be cleared.
Shawn made a motion to continue the hearing on 1/8/19 at 7:00pm. Dick 2nd, all in favor.
Adjourned: 8:42pm
Public Hearing ZPT Energy Solutions, LLC (AMP Solar) 90 Bushy Lane (52/B/4):
Open: 8:45pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, Tim Nahrwold, David George (town planner)
Guests: Adam & Kristina Nunnari, Gregg & Debra Pospiel, Linda & Timothy Sullivan, Rick Skodis, Krisi & Tim Carlson, Chris Anderson (Hannigan Engineering), Harold Reader (ZPT), Silvia Ruzbasan
The property is owned by Carrie Umansky. This project has been reviewed by Quinn Engineering (Refrence 11/14/18 report) Chris Anderson presented the project. There are abutting wetlands. There is also a large beaver pond. They intend to use underground conduits. An abutter questioned the health effects to local residents. He also asked about the effects on his property values. He wanted to know if the well water would be affected. The applicant did not have specifics on health studies or property values. He stated that there shouldn’t be any ill effects on the well water. Debra Pospiel questioned how many trees will be cut down. The answer was approximately 12.5 acres. Very little grading is required for this project. There were abutter concerns about possible damage to the street. It would be put in as a
condition of approval that the road will be brought back to its original pre-construction condition by the applicant if any damage occurs during construction. An abutter questioned who would pay if the well water was damaged. Silvia Ruzbasan is concerned about solar going up in residential neighborhoods. It was explained that the property is zoned for this purpose. Silvia requested that the Planning Board look into making changes to the current bylaws. Laurie explained that the residents can also petition to change laws in town. The applicant is asking for a waiver from the 50 foot setback to 25 feet. The abutters do not want the waiver granted. Norm requested a letter signed from the abutters stating this. Shawn motioned to continue the public hearing on 1/8/19 at 7:15pm. Dick 2nd, all in favor.
Adjourned: 9:31pm
Public Hearing ZPT Energy Solutions, LLC 258 East County Road (65/A/1.07, 1.08, 1.09 & 1.10):
Open: 9:34pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, Tim Nahrwold, David George (town planner)
Guests: Chris Anderson (Hannigan Engineering), Harold Reader (ZPT), Silvia Ruzbasan, R. Philip LaRoche
This property is owned by William Giniewicz. Chris Anderson presented the project. The location is an abandoned mining operation that was not properly capped and sealed. They proposed solar facility is approximately 2 MW. There are neighboring wetlands and beaver ponds and the applicant has gone through ConCom for orders of condition. Two detention basins will be installed. Quinn has reviewed this project (reference report dated 11/14/18), but the applicant has not had time to remedy their concerns and will need to continue this hearing. Significant grading will be required for this project. The applicant is requesting a waiver from the 50 foot buffer down to 5 feet. The abutting land is also owned by the landowner of this project. Tim would like a letter from the landowner stating that is ok with the
waiver down to a 5 foot buffer. The array is not easily visible from abutting properties due to the topography. Tim made a motion to continue the hearing on 1/8/19 at 7:20pm. Marilyn 2nd, all in favor.
Adjourned: 9:47pm
Public Hearing ZPT Energy Solutions, LLC 101 Glenwood Place Ext. (66/A/6):
Open: 9:48pm
Present: Norm Anderson (chair), Dick Williams, Marilyn Sidoti, Shawn Moore, Tim Nahrwold, David George (town planner)
Guests: Chris Anderson (Hannigan Engineering), Harold Reader (ZPT), Silvia Ruzbasan, R. Philip LaRoche
This property is owned by Craig Bacon. Chris Anderson presented the project. It is a 4 MW array. There are abutting wetlands and they have received approval with conditions from ConCom. There will be 3 detention basins. Quinn has reviewed this project (reference report dated 11/14/18), but the applicant has not had time to remedy their concerns and will need to continue this hearing. Silvia questioned how much land will be cleared. 37 acres was the answer. The applicant is requesting a waiver from 50 feet to 5 feet. The abutter on this side is Mass Wildlife and Fisheries. It was noted that their abutter notice came back in the mail. Norm said he wants a letter from Mass Wildlife saying that they are ok with this waiver. Tim and Shawn didn’t feel a letter was necessary. Norm
agreed to not require the letter. Phil LaRoche questioned if improvements would be made to Glenwood Place Ext. The road is narrow with a big ditch on the side. Clea Blair owns this stretch of road so any improvements to the road would need to be arranged with him. LaRoche is still waiting for access to his land from Blair. He has not received the access he was promised yet. The board is responsible for ensuring public safety, but this is difficult due to this road being private. Norm and Tim feel that emergency vehicles need to be able to get to the project. Dick and Shawn feel the town is not responsible since it is a private road – construction vehicles travel at their own risk. Seth Knipe (Fire Dept) will need to review this project. The applicant also requested a waiver down to 5 feet next to private property. Norm said he will not allow this. Tim would be ok with this if the abutter submitted a letter of agreement. Dick made a motion to continue the public hearing on
1/8/19 at 7:25pm. Shawn 2nd, all in favor.
Adjourned: 10:22pm
There was discussion about decommissioning amounts. Norm would like there to be a standard amount per MW. Shawn made a motion to charge $40,000.00 per MW AC with a 2.5% inflation escalator after year 9 for decommissioning surety of solar projects. Dick 2nd, all in favor.
On 12/11/18 there will be a public hearing on 147 and 157 Intervale Road for site plan review on a common driveway.
There will be a ZBA Hearing on 11/28/18 at 8 Glenwood Road regarding a variance to allow a lot size of .71 acres instead of 1.5 acres. The board discussed the property briefly and has no comment.
The board reviewed the Site Plan Review draft notice of decision for Pro-Tech Energy Solutions Solar Project at Glenwood Place assessor’s map 66, block A, lot 5. Dave will add in a condition as part of 4 that the knox box must be ordered through the fire department as referenced in the project summary. He will add this verbage in the notice of Decision for the ZPT Energy Site Plan Review at 309 East County Road also. Dick made a motion to approve the Notice of Decision for Site Plan Approval for 0 Glenwood Place. Shawn 2nd. Norm, Marilyn, Dick and Shawn voted favorably. Tim abstained. Dick made a motion to approve the Notice of Decision for Site Plan Approval for 309 East County Road. Marilyn 2nd. Norm, Marilyn, Dick and Shawn voted favorably. Tim abstained. The board signed both
notices of decision for the two solar projects. Dave will submit the notices to the Town Clerk and Laurie will send out notices of the filing to the abutters.
Brice Lemon: There was general discussion about progress made at this location. Blair submitted a check #1349 in the amount of $2,095.77. There is still an outstanding Quinn invoice on this account currently. Invoice #6374 in the amount of $1,873.25 dated 11/15/18. Blair was given a copy of that invoice during this meeting.
Bear Hill: There is one outstanding invoice on this account that came into the planning board office after the road was accepted at town meeting. Invoice #6373 in the amount of $1,492.25 dated 11/15/18. Blair was given the invoice during this meeting.
Shawn made a motion to close the meeting. Dick 2nd, all in favor.
Close: 11:01pm
Respectfully submitted,
Laurie Becker, Secretary
Approved on 12/11/18
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