Cushman Road Solar Project Still Faces Hurdles

            Eric Las of Beals and Thomas, Inc. came before the Rochester Conservation Commission during its December 1 meeting to discuss an ambitious new solar project off of Cushman Road. The project in question would result in a 3.9-megawatt solar array and has drawn a considerable amount of criticism from abutters and community members.

            Work for the project began in November of 2019 when the applicant, Cushman Road Solar, LLC, started work to delineate wetlands lines on the site. According to Las, the delineation was a necessary step to determine the limitations to the proposed shape and size of the solar array. Las also worked to define the perimeter of the site based on the respective buffer zones.

            At this meeting, Las presented the third revision of the project plans to the Conservation Commission. The multiple iterations of plan sets came as a result of complications surrounding components on the site, including the required access road and stormwater management systems.

            More recently, Conservation Agent Laurell Farinon enlisted peer consultants from the Horsley Witten Group to review some of the finer details related to stormwater management and erosion control on the solar array. According to Horsley Witten Group’s comment letter, many of the concerns brought forth by commission members have already been addressed by Las and his team. Only minor clarifications relating to the type of erosion-control systems on the site are still required.

            Unfortunately for Las and the project, there has been serious pushback from community members surrounding the project. Much of the contention on the site is regarding the proposed access road. As the site is set deep into the forest, an access road must be constructed that will cut deep into the woods and border the abutting properties.

            The access road itself also travels over existing sewer and septic lines, meaning that there will be a significant risk of damaging those lines in the construction process. Las explained that a concrete shielding would be used to protect septic lines and prevent any damage. That said, Farinon noted that, as more measures are taken to protect the existing lines, there will be an increased impact on the surrounding environment.

            Multiple abutters joined the meeting to voice their concerns about the project. David Davignon, an engineer representing the abutting Koczera family, explained that there had been concerns since the proposal’s inception. Initially, the proposed roadway to reach the site would have cut directly into the Koczeras’ front yard and has only recently been changed. Also, Davignon explained that how the wetlands near the site have been delineated is now being disputed.

            Another abutter, Lisa Mann, explained that she had gone forward with a legal challenge to the right of access that is required for the access road to be constructed. If that challenge succeeds, the project would either fail to go forward or would need to consider drastic changes to its design.

            Ultimately, Conservation Commission Chairman Michael Conway explained that the commission could only discuss developments under its jurisdiction, namely the impact on the surrounding wetlands. Even if Las is capable of attaining ConCom’s approval for the project, it is clear that he still faces numerous challenges before actual construction can take place.

            After a motion was made and seconded, the commission continued Las’s hearing to January 19, allowing him to address the comments provided by Horsley Witten Group.

            Before concluding its business, the commission issued a negative determination of applicability for a project represented by Sarah Stearns. Stearns came before the commission representing Decas Cranberry in an application to build a canal solar canopy test site on a bog located on Neck Road.

            The proposed test canopy project would allow the landowner to see the size and impact it would have on Decas’s manufacturing procedures. If the test canopy is favorable to the manufacturer, a formal Notice of Intent would then be presented to the commission to move forward with the construction of a complete canal solar canopy.

            Stearns has worked closely with the commission on similar solar projects in the Town of Rochester, and the commission issued a negative determination of applicability based on the limited impact to the site.

            The next Rochester Conservation Commission meeting will be held remotely via Zoom on Tuesday, December 15, at 7:00 pm.

Rochester Conservation Commission

By Matthew Donato

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