Town of Rutland, Planning Board
Meeting Minutes
January 22, 2019
Rutland Public Library 6:30 P.M.
Present: Norm Anderson, Marilyn Sidoti, Shawn Moore, Dick Williams
Others: David George, Town Planner and Community Development Coordinator
Absent: Tim Nahrwold
Mr. Anderson opened the meeting at 6:30 p.m., the meeting was recorded for the purposes of minutes.
Minutes for January 8, 2019 were held for a future meeting.
There are no ANR’s for review
90 Bushy Lane 52/B/4 Solar Project, Review and Approve Decision
Mr. George reported that the hearing closed on January 8, 2019, the draft decision was sent to the board for review on January 18, 2019, a vote to approve the project with conditions is still needed along with a signature of the Board.
Mr. Anderson mentioned the condition of the surety for decommissioning is a base amount of $40,000 per megawatt and a 2.5 annual inflation escalator after 9 years, this is a change as it previously did not mention annual inflation only an escalator. Another condition is being added that the applicant or owner shall notify the town of any change of ownership of the solar facility.
Mr. George has spoken to the Assessor’s office regarding the language for the tax agreement and confirmed that the language included is understood as an agreement between the two parties.
The construction is limited to 7 a.m.-8 p.m. daily, this is consistent with the other solar projects previously approved.
Mr. Moore moved to approve the document and sign the notice of decision with the discussed changes for 90 Bushy lane 52/B/4. Ms. Sidoti 2nd. Vote unanimous.
Review and Approve Decision— 258 East County Road (65/A/1.07, 1.08, 1.09 & 1.10) Solar Project
The same conditions were placed for a surety escalator annually after 9 years and notice of change of ownership.
There are 3 conditions that are changes related to the Quinn report which will have to be sent to Quinn and the Town prior to the start of construction.
Mr. Williams moved to approve and sign the notice of decision with the discussed changes for 258 East County Road (65/A/1.07, 1.08, 1.09 &1.10) Mr. Moore 2nd. Vote unanimous.
~~~~~ Review and Approve Decision— 101 Glenwood Place Ext. (66/A/6) Solar Project
Mr. N. Anderson stated there is a waiver of the buffer to the MA Wildlife property boarder. There was discussion about if a waiver notice is needed. Access was discussed and it will be between owner of property and solar company.
Following Quinn’s review number 13 comment 4 will be changed. The Quinn report also address’ drainage issues.
Mr. Williams moved to approve and sign the notice of decision with discussed changes for 101 Glenwood Place Extension (66/a/6). Ms. Sidoti 2nd. Vote unanimous.
Review and Approve Decision— 199 Glenwood Road Solar (54/A/6 and 54/A/6.01)
The same changes were made regarding the surety and ownership notice.
There were 2 conditions regarding Quinn’s report, they will have to comply with the comments from the latest Quinn report.
Mr. Williams moved to approve and sign the notice of decision with the discussed changes for 199 Glenwood Road Solar (54/A/6 and 54/A/6.01). Mr. Moore 2nd. Vote unanimous.
7:00PM~Public Hearing Continuance— 271 Glenwood Road (65/A/5), also referred to as Glenwood Rd. I Solar Project
Guests Present: Skip Clark, Debbie Ludovico, Silvia Ruzbasan, Harold Reader (ZPT Energy Solutions)
Mr. Anderson opened the Public Hearing Continuance for Glenwood 1 Solar Project at 7:03 p.m.
Debra Ludovico stated that the only maps available the morning of 1/22/19 were those from 12/12/2018. Mr. George said that revised plans were received on 1/22/19 in the afternoon. Ms. Ludovico requested to view the packet prior to the meeting.
Chris Anderson, Hannigan Engineering, since the last meeting they have received the Quinn response. They have submitted a revised plan at the request of the land owner for future splitting of the land. If the lot is subdivided it would need to go through ANR process. There is no possibility for additional solar development. The possible lot to be subdivided is located along the southern property line. No other site plan changes have been made. They are still requesting the waiver of the buffer to 25 feet for the western property line. Mr. C. Anderson went through the Quinn report comments.
There was discussion about the access road. The access road is located on the proposed solar parcel and away from the south side of the property that may be subdivided. There is a surety requirement set by the Board. There was an estimate provided by the solar company for the surety amount that the Board has reviewed. Mr. George stated that the access road is off a public road. The fencing will be a 7 ft tall stockade fence matching the general height of the panels and will be maintained and repaired as necessary, there will be a 50 foot buffer around it with natural growth that will remain. Large trees will be cut down as part of the construction project. A separate condition will be added regarding the maintenance of the fence. There was also discussion about the concrete slab. Any change
of ownership must be reported to the town. The Board was satisfied with the Quinn report.
Vincent Ross, Glenwood Place, is on the North side of the project, the easement is not marked, but it is at the end of the tree line. The road would be 5 feet off the existing tree line. Mr. Ross requested that it is pushed back further so he does not see it from his property, he also stated that the pad with the inverter is located near his property line. He expressed concerns with the sound of the invertor.
Silvia Ruzbasan also discussed concerns and asked if the inverters can be located near the road.
Mr. Ross asked for a 50 foot tree buffer to extend west.
Mr. C. Anderson stated that they have gone through multiple revisions to accommodate and meet the requirements of the by-laws. Their buffer is for the property line and not the easement.
They discussed the proposed 25 foot versus 50 feet buffer. Mr. Ross and Ms. Ruzbasan expressed concerns with the25 foot versus the 50 foot buffer.
Mr. N. Anderson said there is a site plan review which means that the plan cannot be denied as long it stands within the by-law however conditions can be placed and a waiver can be denied.
Mr. C. Anderson stated that there are a set number of panels they need for the project and this waiver it is keeping the panels away from other existing homes, without the waiver they will need to move panels closer to an existing house. The stockade fence will be around the entire Northside of the property. The site line has been considered from a point that is 8 feet above ground level and the road will follow the existing grade of the land.
Mr. Anderson proposed extending the stockade fence around the array bordering Mr. Ross’, this will also be an inhibitor to the sound for the invertors. The units generally produce 75 decibels. The nearest house, Mr. Ross’s, is approximately 417 feet with a fence and power lines in between. It is 50 feet from the fence line to the property lane. The pad is 15” x50” and the invertor is slightly smaller.
Mr. N. Anderson would like to listen to the invertor at Treasure Valley, the invertor is substantially larger than the proposed invertor to Glenwood 1.
Mr. Moore asked what type of guarantee can be made regarding the sound with the addition of sound barriers if the acoustic conditions were not met.
The Board discussed making this a condition with a study done before and after activating the convertors with a limit to sound level. Mr. C. Anderson stated that this will be done to make sure the sound is not impactful.
The sound fluctuates based on the sun’s highest point. They will take readings prior to the start of construction and again after construction is complete.
The proposed conditions are for sound studies, extending the stockade fence and granting the proposed 25 foot buffer.
Within the 25 foot buffer the vegetation would remain the way it is now.
The applicant marked up the most current plan with the fence extension to meet the berm, this will be a condition that the stockade fence run along the full length of the 25 foot buffer. Fencing will be put up after construction and prior to the closeout of the project. The transmission line will go underground and connect to the street infrastructure. There will be overhead wires on the access roads.
Mr. Williams moved to close the hearing, Ms. Sidoti 2nd. Vote unanimous.
The agreed conditions are that the post construction noise not exceed the pre-construction noise level and the stockade fence will be extended along the 25 foot buffer as marked on the last version of the plans.
There was discussion about a road being required along the entire perimeter of the project.
7:30PM ~Public Hearing Continuance— 0 Glenwood Road (65/C/1), also referred to as Glenwood II Solar Project
Guests Present: Skip Clark, Lawrence Cook, Dubbie Ludovico, Harold Reader
Mr. N. Anderson opened the hearing for Glenwood 2.
C. Anderson, Hannigan Engineering, they have received comments back from Quinn Engineering. There also may be additional ANR lots for future subdivision of this lot. Mr. C. Anderson went through the Quinn comments. They are no longer requesting the waiver for the 50 foot buffer. They are proposing to install a stockade fence and have removed all proposed plantings on the project.
There were no questions from the Board regarding the Quinn report.
A condition for the noise was also made, the noise post construction cannot exceed the noise from pre-construction studies. Acoustics have already been done at multiple points on the parcel. The studies done in the past will serve as the standard for what is being followed.
Ms. Ludovico asked about the south side of the array, she had asked that the panels be pushed back so the fence covers the site line from the first floor of her home. The fence will be on top of a berm. They are proposing to construct a 4 foot berm with a 7 foot fence on top of the berm.
Ms. Ludovico agreed that planting trees on her side of the property would be helpful.
Mr. N. Anderson read the Quinn comment regarding the proposed screening and its sufficiency. There was discussion about trading stockade fence from the powerline side of the project in exchange for trees. The stockade fence along the powerlines will be exchanged for stockyard fencing. The applicant agreed that they would plant trees on the side of Ms. Ludovico’s property.
The applicant marked the most recent version of the plans to reflect the fence and tree swap showing 20-25 arborvitae/evergreen trees to be planted.
Mr. Williams moved to close the hearing. Ms. Sidoti 2nd. Vote unanimous.
There was discussion regarding the conditions for the Bushy Lane project. The applicant asked if the road is required around the entire perimeter of the site or if it can be removed from the plan. The Board will review if it is necessary.
Update— Administrative Secretary
There were no additional applications, one applicant was interviewed. The only applicant was Abby Benoit.
Ms. Sidoti moved to recommend Abby Benoit for the Planning Board Secretary position. Mr. Williams 2nd. Vote unanimous.
The appointment will take place immediately. Working for the Selectmen and Planning Board will make the employee benefited. Mr. George will review how the vacation benefits will be paid.
Annual Report Review
Mr. Williams moved to approve the annual report. Mr. Moore 2nd. Vote unanimous.
Town Policies Signoffs were collected.
Brice Lemon
No Business
Proposed Planning Board Projects/Initiatives for 2019
Mr. Williams would like to no longer see the 50 foot right away in the subdivisions and believes it should be a 65-70 feet right of way. The services should be on the outside of the road so the road will last longer. Mr. Anderson stated that the entire subdivision regulations should be reviewed. There should also be policies created for road acceptances. Mr. George discussed cleaning out the upper level of Community Hall and potentially digitizing the plans in the future. Viewpoint is being implemented and there is an expected growth management bylaw being proposed.
Mr. Williams stated that his term is ending and he intends to take out papers with the Board’s support.
Mr. Moore moved to adjourn. Ms. Sidoti 2nd. Vote unanimous.
The meeting adjourned at 9:54 p.m.
Respectfully Submitted,
Abby Benoit
Administrative Secretary
Planning Board
Approved: 2/26/19
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