As the large-scale solar farm project slated for the center of Rochester progresses, abutters and concerned citizens are beginning to learn that any possibility of halting the project lies not with the Rochester Planning Board, but with the Rochester Historic District Commission – and now, as they learned on January 12, the Board of Health could be the latest cloud in the skies above the project.
The distance of a stormwater filtration system from a neighboring septic system had Planning Board Chairman Arnold Johnson pointing out that the 95 feet was well under the town’s bylaw of 200 feet of a filtration system from a septic system, which also fell under the jurisdiction of the Board of Health.
The engineer for the Renewable Energy Massachusetts LLC project pointed out that the state regulation only requires 50 feet but, nonetheless, the Board of Health would still have to issue the project a waiver for the distance shortage.
“We would defer to the Board of Health,” said Johnson, “because if we waive it and the Board of Health doesn’t, then they can’t build it.”
This perked up the ears of some of the residents in attendance who wanted to be sure that, as abutters, they would be notified of any future Board of Health public hearing for the matter. Town Counsel Blair Bailey reassured them that they would.
“If they (the Board of Health members) don’t waive it, it means they (the applicants) have to push everything back (away from the septic system),” said Planning Board member Ben Bailey.
As for the Historic District Commission, regardless of a Planning Board approval for the Special Permit for the solar farm project, it still needs to issue the project a certificate.
“They don’t have the potential to change the project. It’s either ‘you can see it or can’t you see it,’” said Johnson. Under the regulations, the project cannot be visible from a public way. “They could say, ‘We can see it,’” continued Johnson, and the commission could render a negative determination. “And then that might force them (the applicants) to come back to us.”
Having said that, the Natural Heritage & Endangered Species Program actually could go ahead and change the plan, even after Planning Board approval, which is why, said Johnson, the board prefers to wait until Natural Heritage completes its permitting process.
The Planning Board, however, still maintains control over screening, and Johnson made sure that notes to the plan specifically granted “approval” of plant material as “Planning Board approval.”
Screening and site lines remain significant concerns of abutters; however, one significant change to the plan lies in the 20-foot no-touch vegetative border near the historic cemetery off Dexter Lane. Amelia Tracy of NextSun Energy said there would be staggered plantings near the 20-foot buffer, adding, “We’re really not going to touch it,” referring to trees within the no-touch vegetative boarder, an area of contention in previous meetings.
Some Planning Board members wondered if the project’s proposed method of using a feller buncher to remove selected trees was appropriate, and Johnson also called for a higher sum for a decommissioning escrow account. Johnson was dissatisfied with the proposed $60,000 and called for a number closer to a somewhat similarly sized solar project’s sum of $89,000. Tracy agreed to revisit the number.
Other details discussed were hours of construction, which will be limited to Monday through Friday from 8:00 am to 5:00 pm. The board also wanted the plan to specifically state that no jackhammering would be allowed during the installation of the solar arrays, limiting installation to augering or screwing only. Johnson also called for a landscaping bond.
The public hearing was continued until January 26.
Also during the meeting, a solar farm project proposed by Melink Corporation for Snipatuit Road was continued until January 26 as it inches closer to approval with every detail that is altered along the way to please the board.
The next meeting of the Rochester Planning Board is scheduled for January 26 at 7:00 pm at the Rochester Senior Center on Dexter Lane.
By Jean Perry