Access Roads Complicate Solar Projects

            The Rochester Conservation Commission met on March 16 to address a public hearing on the Cushman Road solar project. Having last discussed the matter on January 27, commission members were eager to hear updates to the project and potentially close out the ongoing discussion.

            The applicant’s representative, Eric Las of Beals + Thomas Inc., informed commission members that he had been working alongside his team to address the requested changes put forth in a letter by the commission’s peer-review consultant, Horsley Witten Group. Las reported that the changes have been made and were included in the most recent rendition of the plan set.

            The updated plans meant that the majority of Las’ business with the commission was nearing its end. Progress on the site is now primarily hindered by abutters’ multiple disputes surrounding access to the proposed array. The disputes stem from the fact that the proposed access road would travel directly through two abutters’ properties.

            Las has been working with the Rochester Planning Board to find potential solutions to develop an access road to the site that will satisfy the abutters. That said, the project cannot move forward to construction without an established plan to resolve the conflicts surrounding the access road.

            The commission agreed that, since issues relating to the conservation jurisdiction on the site were resolved, there was no reason that the public hearing should continue. Commission members did warn Las that any amendments to the plans that fall under commission jurisdiction as a result of any changes to the access road would necessitate a refiling with the commission. Las acknowledged the concern and requested that the public hearing be closed. The Conservation Commission voted unanimously to close the public hearing on the project.

            Moving on to represent the Snipatuit Road Solar Project, Las informed commission members of a complication arising on the site as a result of his discussions with the Rochester fire chief. Las explained that in previous discussions with the Fire Department, he had been informed that the existing 12-foot-wide access road to the proposed solar array would be sufficient. However, as plans for the array began to develop, Las was notified that the access road needs to be widened to 16 feet in order to facilitate the travel of fire trucks in the case of emergency.

            Las told the commission that fire trucks had previously traversed the existing access road without issue to respond to a brush fire a few years ago. Despite that, the new requirement for a wider road is still being advocated for and causes new problems for the site.

            The Planning Board is requiring the larger access road to the site to satisfy public safety concerns. Unfortunately for the applicant, the existing road is bordered on both sides by wetland areas. This means that for Las to effectively expand the road, he will need to fill a portion of the nearby wetlands.

            Las informed commission members that his goal throughout development has been to avoid impacting wetlands areas in any way and that his plans reflect that desire. Since the inception of the planning phase, Las has reduced the site’s total area by 1 acre to minimize impact to surrounding land and also brought the entire site inward another 5 feet from the 25-foot protected wetlands zone.

            One possible solution to the required wetlands filling might be wetlands replication in surrounding areas to supplant the filled areas. Conservation Agent Laurell Farinon informed Las that he would need to present a detailed plan for any such proposed replication to satisfy commission concerns.

            Facing significant challenges to reconcile the requirements of the Conservation Commission and Planning Board, Las requested a continuance of the public hearing until April 20.

            The next Rochester Conservation Commission meeting is scheduled for Tuesday, April 6, at 7:00 pm.

Rochester Conservation Commission

By Matthew Donato

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