Two cases that have made several appearances this year before the Rochester Conservation Commission turned a significant corner with approval of their respective Notices of Intent during the commission’s May 5, remote access meeting.
Pedro Rodriguez of Solar MA Project Management LLC and the Massachusetts Bay Transportation Authority (MBTA) both satisfied ConCom with updated presentations that will allow their respective projects to gain momentum.
Rodriguez, whose solar project off of Old Middleboro Road has gone through many tweaks and updates, was asked on April 9 for edits to his Notice of Intent packet information in keeping with the Conservation Commission’s requests for modifications regarding the site plan on Page 1 and Page 18. On Pages 2 and 3, a modification was also made to the drainage system report and to the illicit discharge statement.
Rodriguez attended the remote access meeting along with representative Austin Turner of Bohler Engineering.
Without further discussion, the commission indicated its satisfaction with Turner’s edits provided over the last two weeks, and Conservation Agent Laurell Farinon made a positive recommendation to ConCom Chairman Michael Conway.
“Mr. Commissioner, we’ve been at this for a while, and I think we’ve gotten to the point where everything that’s been requested of the applicant has been submitted,” said Farinon, recommending that ConCom close the public hearing and issue a positive Order of Conditions approving the project with the special conditions included in the commission’s packet as Pages 5-8, Conditions 21-40.
At the passing of the motion to approve, Rodriguez and Turner thanked the commission. “It’s a bit anticlimactic when we’re doing it virtually, but when we can get everyone together, I’m going to shake all your hands,” said Turner.
The MBTA case, continued from April 21 for the establishment of a maintenance facility and surrounding fence at 45 Kings Highway, has bounced back from a February 4 enforcement order shutting down the project on in the wake of violations in the 100-foot buffer zone to bordering vegetated wetlands.
Holly Palmgren, representing the MBTA, summarized updates in response to the last round of requests from ConCom and subsequent discussion with Farinon. “We did increase the number of plantings, we changed some of the kind of plantings, and the location of those plantings,” Palmgren explained.
ConCom member Maggie Payne asked about the removal of soil stockpiles.
“We would remove them from the site to put down straw and a feed mix to stabilize that area,” said Palmgren. “The stockpiles are mulched now… we think it would make more sense to get them off the site and stabilize the area.”
Farinon, along with ConCom member Kevin Thompson, was pleased with the new variation of plantings that will provide a stronger and more sustainable visual barrier.
“I think it’s going to accomplish what we really want to accomplish, which is a head start as far as adding a little bit of a shrub layer. There’s also a seed mix, and of course best of all is Mother Nature coming in and adding to it because you don’t want to have 100 percent plantings because sometimes they don’t do as well and you just really want to have them as a supplement, and I think this is a great start,” said Farinon. “I think that was the main thing we were looking at as the results of the last meeting.”
The MBTA’s request to remove the soil stockpiles from the site will precede a future Notice of Intent for final grading.
Thompson asked about the prior discussion regarding fence location. Palmgren said nothing has changed on fence location.
ConCom Vice Chairman Dan Gagne made a motion to issue a positive Order of Conditions. The motion passed unanimously.
In a third public hearing, Greg Carey filed a Notice of Intent for a large-scale, one-megawatt solar array in a hayfield on property owned by William Souza at 139 Sarah Sherman Road.
During the presentation made by Carey’s representative, Evan Watson of Prime Engineering, Conway challenged the proposed removal of a barn sitting in the 25-foot, no-disturb zone.
“You’ve got to prove to me – you’ve got to prove to the commission, actually – that there’s no practical alternative existing but your proposed activity,” said Conway. “I haven’t seen anything (in the packet) saying you don’t have a practical alternative so you’re going to have to prove that to me.”
Watson insisted that the building, even without plans for any kind of project on the site, would be better off removed.
“We can provide some more detail on that building. If you actually look at the building… even if we were not to do this project, the alternative of leaving the building where it is would likely not be the preferred alternative. It’s dilapidated. It’s attracting nuisance wildlife and things like rats. Squirrels are nesting in it, and it’s causing it to further decay, et cetera,” he said. “It would be I think in everybody’s interests to see that building come out of there, but we will definitely add some more detail when we come back to the commission to demonstrate that as well.”
Carey added that photos can be taken to further demonstrate.
A rough estimate based on the drawing presented indicates approximately 27 percent of the array is in the 100-foot buffer zone. Watson estimates that the array covers four acres out of 23 on the property.
The entry to the site, revised multiple times due to failure to secure easements, is back to using the existing access road in the southeast corner of the property. Rather than the original plan to take the shortest route through the 100-foot and 25-foot buffer zones and across the culvert that divides two sections of wetlands, it would instead veer north, wrap around those wetlands and enter the project area from the north.
The array would be surrounded by an access road per the request of Jeff Eldridge of the Rochester DPW and Fire Department. The access road surface will consist of crush stone to absorb stormwater, same as the area surrounding twin concrete pads upon which the equipment will sit.
Thompson clarified that the tree clearance proposed far exceeds the characterization of the property as being “all field.” Watson said he may have misspoken on the matter, alluding to the clearing that is planned to the south of the array.
Watson said a drainage report indicates that the project will not result in stormwater erosion. A detailed construction sequence was included so ConCom could review and evaluate the probability of success of measures intended to ensure that erosion controls are installed properly and at the appropriate time. A stockade fence will be placed along the southern border facing the closest abutter.
Farinon discussed a potential site visit and the peer-review inspection of the stormwater situation. She recommended that the commission request a $4,000 consultant fee and continue for a length of time that would allow compliance with requests. Whatever is not used would be returned to the applicant.
The case was continued to June 2. ConCom is next scheduled to meet on Tuesday, May 19.
Rochester Conservation Commission
By Mick Colageo