The Rochester Planning Board didn’t beat around the fallen bushes on February 26 when it came to the Snipatuit Road solar farm owned by IGS Solar, formerly owned by Melink Corporation.
According to Town Planner Steve Starrett, a large section of fence has fallen in the rear of the site, and about 12 of the planted Cypresses have fallen over. Apparently, IGS did not address these matters fast enough for the board, so the board voted unanimously to take the landscaping surety bond to make those repairs that would bring the project back into alignment with the orders of the board’s written decision.
Planning Board Chairman Arnie Johnson said the board had threatened to revoke the bond in the past and, according to town counsel, the board was now well within its right to do so that evening.
Now that the bond has been called in, IGS will have 14 days upon notification of the board’s action.
“And [Town Counsel Blair Bailey] says, if we were so inclined tonight, we can take a vote,” Johnson said, which it did, unanimously.
In other solar matters, Borrego Solar Systems failed the board’s recent “flag test” to see whether the solar panels at the corner of Rounseville Road and Mendell Road could be seen from the public roadway, resulting in the solar developer having to excavate a significant amount of earth in order to achieve a grade that would effectively conceal solar arrays behind the stockade fence.
Steve Long from Borrego was in the hot seat that night and he admitted that, despite adherence to the calculations, the flags stationed at the sightline could still be seen above the fence. And with another so-called flag test scheduled for the following Thursday, Long vowed, “We’re gonna pass this time.”
“I hope so,” said Johnson.
“We checked it this time,” said Long.
The area in question is specifically where there is a dip in the fence that follows along the grading of the land.
Since other areas subjected to the prior flag test passed, Johnson allowed the project to proceed with the installation of some of the racks that hold the solar arrays. But that night, Long was hoping the board would continue to put its faith in the solar developer and allow it to continue to install more racks. But that would be at the solar developer’s own risk, Johnson told Long, because there are also issues with a backflow of water onto Mendell Road.
Long is confident that, once grass grows on the site, stormwater flow will be mitigated, but the board and its peer review specialist, Ken Motta, remained skeptical.
“An established root zone on the grass … won’t take as much water as a forested area,” said Motta.
Eight acres of woodlands were cleared to accommodate the project.
“My suggestion would be to establish a monitoring point,” said Motta. “We know what the original water levels were. … My suggestion is that we just continue monitoring and give that area a chance to see how much of an affect that area is gonna get.”
“I know we’re gonna pass the test on Thursday,” said Long, asking again to be allowed to continue to install racks ahead of the next flag test.
“At this point. They’re the ones who are gonna be responsible,” said Planning Board member Gary Florindo. “When it gets to the point where the water doesn’t stop going into the road … it’s their responsibility to correct it.” He continued, “If they want to continue to put the racking in, let them. … If you want to put ‘em up, put ‘em up.”
But in the end, Johnson said, “We’re not gonna sign off until we have a significant rain event after a 70 percent vegetation [regrowth].” And, like with IGS, he said, the board could revoke the bond and get the work done.
“You’re not out of the woods yet,” Florindo warned Long.
Also during the meeting, the board continued the public hearing for REpurpose Properties for a 22-duplex age-restricted housing development after agreeing that eliminating one entry road and going with just one was a good idea. Johnson remarked that the same road design “worked good at The Pines,” and Motta agreed, saying, “It’s a good fit.” The applicant requested a continuance until March 26 in order to allow for a tandem Site Plan Review application, that of Plumb Corner Plaza property owner Sophia Darras.
This application for Darras, care of Attorney Patricia McArdle, affects REpurpose Properties, as well as the land’s current property owner, Patricia Bray, Trustee of Union Jack Realty Nominee Trust. The proposed project involves the removal and abandonment of the existing drainage system and the installation of a new one that includes new catch basins, drainage manholes and piping, and stormwater recharge improvements.
All appeared agreeable to the board, except that the project is located within the Groundwater Protection District, which requires the filing for a Special Permit. The hearing was continued until March 26.
In other matters, the board closed the public hearing for 15 Cranberry Highway, LLC for the redevelopment of an existing building to accommodate a daycare center. The board granted all waivers requested by Field Engineering, including a waiver from required plantings around the existing stormwater basin, a reduction in setbacks for the basin, the waiving of a traffic study, and no landscape plan required, among other waiver requests.
“It seems like all of our concerns were addressed,” Johnson said.
The draft decision will be drawn up and reviewed at the next meeting, and then voted on during the next meeting following that one.
Also during the meeting, Pedro Rodriguez, Solar MA Project Management, LLC, requested the withdrawal without prejudice of the large-scale solar voltaic installation Special Permit for 0 Old Middleboro Road. Johnson said the solar developer asked to withdraw without prejudice and re-file at a later date with plans that are “up to standards,” as Johnson put it. The board accepted the withdrawal without prejudice.
The next meeting of the Rochester Planning Board is scheduled for March 12 at 7:00 pm at the Rochester Town Hall.