There were twists and turns during discussions, then stretches and yawns by the time the Rochester Planning Board meeting surpassed the two-hour mark on March 8 during the continued public hearing for Renewable Generation, LLC’s public hearing for its solar farm project slated for the town center.
Engineer Stephen O’Connell stood alone against the board and a roomful of residents, with no other representatives present on behalf of the applicant. Things started smoothly, though, with O’Connell going over plan compliance after receiving comments from the town’s engineer Ken Motta, until stormwater talks interrupted that flow.
“At the end of the day, we reached what we believe is a satisfactory agreement,” said O’Connell about stormwater system changes. “It’s a pretty agreeable resolution to a minor conflict…. Other than that, the plans were satisfactory to Ken.”
Chairman Arnold Johnson split up discussion into five categories: waivers, stormwater, decommissioning, (tree) thinning plan, and landscaping.
A number of waiver requests were withdrawn after some stormwater requirements were met without them, including satisfying Mass Department of Transportation entrance requirements and stormwater system design.
One issue of stormwater system setback from a neighboring septic tank leach field elicited a lengthy discussion and debate after it was discovered that the project did not, in fact, require Board of Health approval. Rather, it was within the purview of the Planning Board.
A stormwater collection structure is planned for about 100 feet from the leach field of the residence at 50 Dexter Lane. The BOH granted the waiver for a 100-foot setback; however, the BOH’s regulations actually follow the State of Massachusetts’ minimum of 50 feet. It is the Planning Board that requires 200 feet.
Johnson pointed out that Motta, the town’s engineer, approved the setback after considering the groundwater mounding analysis. Having said that, though, board member Gary Florindo argued against it.
Florindo said his experience with cranberry bogs and their seasonal flooding was enough for him to determine that stormwater flow from the solar farm site would flood the neighboring leach field.
“Well, we’re double the requirement from the state,” said O’Connell. “And the Title 5 [requirements were] compiled by numerous scientists.”
O’Connell continued, “People smarter than us created the Mass Title 5, the state sanitary code, and they say 50 feet. We’re double that. So I’m going to sleep well at night with that design and I think everybody should sleep well at night.”
Florindo took offense to O’Connell’s putting thoughts into his head and he continued his argument against the waiver.
Susan Fleming, abutting resident and owner of said septic leach field, asked the board to stick with its 200-foot requirement, because, “Our house has been there for 160 years, and I think we should stick with the 200 feet in the books.”
Florindo asked Fleming if she ever gets water in her basement. “Yes,” she replied.
“When the bog is flooded, do you get more water in your basement?” Florindo asked Fleming.
“Yes,” she replied.
“I object, your honor,” said O’Connell. Several board members laughed before O’Connell lunged into his argument.
“If I was her, I’d say ‘yes,’ too,” said O’Connell. “You can’t make that connection.”
“Are you suggesting that she’s not telling the truth?” said Planning Board member Ben Bailey.
It was a long discussion that ensued, and O’Connell was forced to wade through the minutia of stormwater run-off and the semantics that went along with it as board members substituted the words “run-off” for “water concentration.”
In the end, O’Connell told Florindo they would have to agree to disagree, but he reminded Florindo and the board that Motta, the town’s own engineer, approved the plan and the 100-foot setback.
Johnson suggested holding off on the waiver for the stormwater system setback, and they finally moved on to the next category – stormwater. Having already discussed that at length to some degree, they moved on to decommissioning, which was short-lived since O’Connell was not prepared to discuss that on behalf of the applicant.
When it came to landscaping, Johnson said he objected to the plan’s use of the Eastern red cedar, which he said was susceptible to “Cedar Apple Rust,” a disease he said could affect neighboring apple trees.
Johnson added that he would not rely on the arbitrary decision of plant species of a landscape architect over common sense.
“Because screening,” said Johnson, “is probably the most critical aspect of this project.”
Conservation Commission member and Historical Commission member Laurene Gerrior mentioned that the project still had to comply with state regulations pertaining to the historic district, saying the project was subject to an intensive archeological study before breaking ground. Johnson wasn’t digging that.
“In my opinion, it’s discriminatory,” said Johnson. He pointed out that Sperry Tents was not subjected to the same requirements. “If there is something in the ground that could be disturbed … then it should be held accountable by every project in the neighborhood.” He added, “I think the whole thing on that end is incorrect.”
Besides, he added, the Natural Heritage & Endangered Species Program will not approve the project until requirements like these are satisfied. He called it the “failsafe,” since the board has vowed not to approve the project until NHESP is through with its process.
Johnson set one specific condition on the project before continuing the public hearing until April 12 saying that before any tree was felled, the Planning Board would make a site visit to view flagged trees. Also, throughout the tree clearing, an engineer hired by the town would oversee the progress.
Johnson said a recent debacle in Middleboro pertaining to tree clearing at a project site prompted him to make the suggestion.
Because once the trees are gone, he said, they are gone. “And then it would get real ugly,” said Johnson.
The next meeting of the Rochester Planning Board is scheduled for March 22 at 7:00 pm at the Rochester Town Hall.
By Jean Perry