On December 16 the Special Permit requested by Randall Lane Solar LLC cleared its last remaining government hurdle: approval from the Zoning Board of Appeals.
Coming before the ZBA on this night was Caroline Booth of Beals and Thomas, the applicants’ representative. Also in attendance were Bill Madden of G.A.F. Engineering and Attorney James Marsh. Madden and Marsh were representing abutters Veronica and Chris Brockwell.
Booth’s opening remarks briefly outlined the proposed solar array, some 27 acres carved out of 88 acres privately owned. She explained that a vast majority of the acres in play have been previously disturbed by agricultural activities and logging. The areas logged, Booth said, would be returned to Chapter 61 lands upon the completion of the decades-long rental agreement between the solar developer and the property owners.
Other highlights of Booth’s presentation included mention of a 1741 farmhouse, the remains of which are located on the site in an area not planned to be part of the solar field, improvements to an existing roadway into the site, battery containers designed to contain hazardous chemicals, a reduction in the original size of the solar array in consideration of flood-plain mapping, 24-7 remote monitoring of the site once operation and training of local first responders in the event of an equipment failure and associated emergency necessitating their assistance.
Booth also said that most of the staging of materials and equipment will be used off-site and smaller transport vehicles used on site, along with police details to ensure ease to local traffic and adherence to a commitment that the historic stone bridge over the Mattapoisett River at River Road would not be used by the construction teams.
Regarding the status of applications before the Planning Board for site-plan review and the Conservation Commission for the Wetlands Protection Act, Booth said both permitting entities were in the process of preparing orders of conditions.
The project is planned for an area identified as the Mattapoisett River Aquifer District. Booth said that when the Mattapoisett River Valley Water District Commission, the multitown agency which represents the towns of Fairhaven, Rochester, Mattapoisett and Marion in matters related to freshwater sources in the region was approached for its comments on the project, its response was, “the project would have no impact.”
The ZBA was ready to close the public hearing when Madden and Marsh asked to be heard.
Marsh began by stating that the proposed solar project is not allowed under the bylaws governing rural residential uses. “If it’s not allowed, it can’t be allowed. … It can’t be allowed for commercial use in the aquifer district,” he said. Marsh stated that transformers and other equipment would contain petroleum products and that the town had specifically created an “overlay district to protect drinking water.” Marsh added, “You want to protect the people in the town.”
Madden’s comments echoed for the most part those articulated by Marsh. “Transformers usually contain oil-based chemicals. Usually there are secondary containments,” Madden said. He went on to say that requests of the applicants for more details on containment plans and the chemical composition of liquids that would be inside batteries and transformers had not been forthcoming from the developer.
“These are serious elements being added to the aquifer.”
Booth countered that battery storage on site is a requirement, that there are containment features and that everything being placed on equipment pads would be contained in units she described as “giant shipping containers.” She went on to tell the ZBA members, “This project may not be built for two years. If there are advances or upgrades, those will be used.”
Marsh told the ZBA, “I don’t think you guys can make an informed decision” in the absence of technical documentation.
But the ZBA thought otherwise.
The board’s members were united in the decision, adding wording that a Special Permit would be granted if the Planning Board and Conservation Commission conditioned the project and if secondary containment was used, that hours of construction operation were spelled out, that road improvements were complete and that a sign be placed at the site with a telephone number in the event it becomes necessary to contact maintenance personnel.
Madden and Marsh did not indicate that an appeal by their client would be filed.
Also receiving requested special permits were Edwin Sargent, 3 Oakland Way, for the construction of an addition to an existing home and Daniel Kaukas, 3 Hamlin Road, for the reconstruction of an existing porch.
The next meeting of the Mattapoisett Zoning Board of Appeals will be scheduled for Thursday, January 20, at 6:00 pm if there are cases to be heard.
Mattapoisett Zoning Board of Appeals
By Marilou Newell