A continued public hearing of the Marion Planning Board on June 21 provided abutters an opportunity to respond to My Generation Solar’s application for a special permit subject to minor site plan review for the construction of a ground-mounted solar system at 8 Quails Crossing.
Representing applicant Jed Hoffer, Josh Buck summarized the proposal for 33 panels designed solely to provide energy to the residence. The array would measure 610 square feet and sit on the corner of the property, 10 square feet over the maximum allowed.
The system would use a pressure-treated mounting system to fit into a residential setting. The capacity is 12.54 kW DC and 9.57 kW AC, just under the state’s size limit for a small-size residential solar. As a “behind the meter system,” the system is meant to lessen the amount of electricity that the resident uses from the grid.
Planning Board members Norm Hills and Eileen Marum pointed out that a site plan review would be required even had the application been for a system of 600 square feet. Based on Hoffer’s 7.3-acre lot, a 610 square-foot system covers 1.9 percent of the lot, well above the maximum 1.5 percent allowed by the bylaw.
In response to requests for comment, the Conservation Commission said the matter does not fall under its purview, while Fire Chief Brian Jackvony had no comment in time for the June 21 public hearing.
Planning Board Chair Will Saltonstall said that, ahead of the June 21 public hearing, feedback had been received from several abutters including Wayne Mattson, 571 Front Street, and Eileen McCarthy, 570 Front Street. Those abutters and others gathered together to attend the Zoom meeting, but their comments were plagued by poor internet connection.
Hills reviewed a letter submitted by McCarthy ahead of the hearing, addressing comments, dispelling notions he considered not to be applicable to the case, and, in general, responding that the Planning Board uses the public hearing process to examine applicable bylaws and regulations, which givess everyone concerned a platform to be heard and does not play favorites.
After reviewing McCarthy’s letter, Hills pointed out that Marion has a bylaw on solar installations, including a section on ground-mounted systems specifying what the bylaw requires to go approval. “There’s a lot of misguided and misleading information in this document that we shouldn’t get all wound up on,” he said.
Given her opportunity to speak, McCarthy called Hills’ review of her letter a characterization that favored the applicant. She insisted that her points of interest are applicable to the case. McCarthy also took issue with Marum’s classification of Marion as a rural community, a designation Marum based on the town’s population.
McCarthy stated concerns about the energy field created by the proposed project, calling it “poor planning” lacking “any concern of the neighbors.”
Abutter Bill Quinlan, 586 Front Street, objected to Marum’s comment approving the concept of solar energy and said it needs to be counterbalanced by the life of trees that are cut down to make room for solar installations. Saltonstall said that the applicant can by right cut trees on his property.
Saltonstall encouraged all the stakeholders to read Bylaw Section 230-16.6, upon which he said the application is based. Hills and Town Planner Gil Hilario encouraged interested parties to read the entire Section 16.
In an apparent effort to refocus the hearing on the applicant’s presentation, Saltonstall asked Buck how the system’s size is determined. “We’re trying to hit essentially a net-zero import of electricity from the grid,” said Buck, noting that Hoffer preferred a ground-mounted system to a roof-mounted system.
The bylaw, noted Saltonstall, requires that the panels not exceed 6 feet in height. Buck said the panels will not exceed 5 feet in height. Asked about noise, Buck said the micro-inverter system makes no noise.
Saltonstall said he believes the screening of the site is the issue at hand.
Board member Joe Rocha said that when he lived in Middleborough he was an abutter to a ground-mounted array, and in this case suggested a vinyl or wood fence as opposed to the proposed fence that he said looks industrial.
The board voted to continue the public hearing to Tuesday, July 6, at 7:15 pm.
Given the contentious and chaotic nature of the proceedings, Collings was compelled during the open comment section to speak about the board’s dissemination of information when solar installations are proposed in residential areas.
“We’re dealing with a very emotional issue,” said Collings. “Instead of these largesse situations that we’ve seen in the past … all of these large-scale things that have lots of social good and community connection, this is solar on someone’s property…. I think we need to bend over backwards here and make sure that the minimums of what we have as book rule and law – our bylaws – are understood by everyone.”
Collings suggested establishing a punch list that he hopes can simplify the public’s ability to understand the process.
“It would probably soften some of the anger that the neighborhood has, and a lot of that’s basically because they simply don’t understand…. Let’s make sure the people understand what’s already there,” he said.
Hilario said the next meeting would be an appropriate platform to introduce a punch list because the June 21 meeting was centered around the applicant’s presentation.
Admitting to his own frustration with the public response, Saltonstall said the public has the tools to access the relevant information. Marum said every resident should take as his own responsibility to educate himself on a case. Saltonstall reiterated the need to more focus of the board on the bylaw as it affects a case.
A pre-submission conference was held with Papas Fuels Real Estate, LLC for propane storage tanks and five parking spaces at 9 Luce Road. The night after the Planning Board meeting, the Select Board voted in its own continued public hearing to approve a special permit for Papa’s Real Estate, LLC to operate a propane storage business in a water protection district at 0 Luce Avenue, pending Planning Board approval.
Planning Board member Chris Collings summed up his support for the project, while member Norm Hills said he didn’t think an environmental assessment is necessary. Member Jonathan Henry echoed the sentiment and reminded the meeting that permits are renewable and not permanent.
Member Alanna Nelson questioned the life of the tanks and the ramifications of material decay. Marum questioned the impact of the trucks on the roads that will be used to access the storage facility.
In addition to unanimously voting to waive the environmental assessment as part of the application, the board requested $3,000 from the applicant for a minor site plan review.
The case will be heard in a public hearing in July.
A pre-submission conference was also conducted with Tabor Academy for temporary classrooms. Planning Board Chair Will Saltonstall recused himself due to involvement.
Marum, the vice chair, presided over the pre-submission conference with Tabor. Marum told members that the two modular classrooms (trailers) would be used while the library is deconstructed, and the new Campus Center is constructed. The project, said Marum, meets all state code requirements for fire, sanitation, lighting, exits, air conditioning, and heating. The temporary building will be powered by the Stroud Academic Building and fire alarms tied into Stroud.
After a briefing on the details of the trailers, Marum suggested the approval should fall exclusively under the purview of Building Commissioner Scott Shippey.
Hills pointed out that a bylaw indicates that a special permit should be secured from the Board of Health since the trailers will be used consistently with the temporary use of trailers for office space. Hilario compared it to a mobile home, but Henry said the trailers will have no water.
Time is a concern for Tabor, which has lost out on two sets of trailers to other schools. Tabor will begin emptying the library on July 19; students return to campus during the third week of August.
“They should be allowed to go ahead; they don’t have any time to play with here,” said Henry, citing his comfort with “controlled construction,” a method that preapproves every aspect of construction, mitigating the need for building inspections.
The board voted that Shippey issue a certificate of occupancy so Tabor can put the trailers on site. Hills was the only dissenting vote and the motion passed.
In a new filing of a public hearing, Sherman Briggs and Hamblin Homes Inc. seek a special permit and are subject to major site plan review for the construction of 28 townhouse-style units on 3.55 acres at Spring and Mill Streets. Per the applicant’s request, the public hearing was only opened so the board could vote to continue it to Tuesday, July 6, at 7:25 pm.
Hills said the board will have approximately $3,500 remaining in its budget at the end of FY21 and had discussions with town officials about hiring an engineer to review subdivision rules and regulations and identify necessary changes to bring Marion up to date with state rules and regulations. Hills has contacted an engineer and will soon present information to the board.
“The more we can do to tighten up this board, the better,” said Saltonstall.
The next meeting of the Marion Planning Board is scheduled for Tuesday, July 6, at 7:00 pm.
Marion Planning Board
By Mick Colageo