Palmer Planning Board
Planning Board Meeting
Monday, June 3, 2013
I.Call to order
Chairman Michael Marciniec called the meeting to order at 7:00PM on Monday, June 3, 2013 in the Planning Department office. Present were membersKathleen Burns, Norman Czech, and Thomas Skowyra. Andrew Golas was absent. Also present were Town Planner, Linda Leduc, and Nicole Parker, recording minutes.
II New Business
1. 7:03PM-Blue Wave Capital, LLC Site Plan Approval Baptist Hill Road, Map 11, Lot(s) 31,31,32
The applicant, Blue Wave Solar LLC, of 75 Arlington Street, Suite 500, Boston, MA 02116 is seeking Site Plan Approval as required by Sections 171.29 and 171.126 for the installation of a 4.6 (MW) DC ground-mounted photovoltaic system on the property located at 2189 Baptist Hill Road, Palmer MA. This Parcel is also known as Assessor’s Map 11, Lot(s) 30, 31 & 32 and Map 17, Lot(s) 12 & 13.
Present representing applicant was Sam Moffett and Robert Jackson of TRC Environmental Corporation, Eric Graber Lopez, President of Blue Wave Capital, LLC, and Robert Erb of Solar Design Associates. Also present were land owners, Helder and Kari Nunes. Present representing the Town was John Furman, P.E, of Vanasse, Hangin and Brustlin (VHB)
M.Marciniec opened the hearing and N.Parker read the public Hearing notice.
Mr.Moffett introduced the project and site location. The property is a 51 acre parcel which was an agricultural parcel, in which is partially forested, partial meadow. The project intends to utilize approximately one-half of the parcel, or about 25 acres.Site is hilltop location with access near Burlingame Road, at an existing driveway. It is a 4.6 MW AC project with good exposure and minimal removal of vegetation.
Eastern end of site is shallow bedrock. Smooth ground is necessary for project so there will be some redistributing of bedrock. Site will be balanced so all broken up rock will be spread throughout site. It has been acknowledged there to be no wetlands and no rare or endangered species on site. There is a considerable amount of ledge and any drilling will be in the form of grinding, not blasting. Most activity will be limited to the eastern end of the site. There will be no work on weekends, early morning or late evening. There will be a perimeter fence around entire site, as required.
High quality racking system to support panels will be used. Arrays are highest at the north point, and stand 7’ tall. Clearing, grubbing and grading will be done one section at a time as not to disturb entire site at once. North side Stormwater will be directed along a swale to a basin. One third of site draining in country draining and will remain on site.
Construction sequence is approximately six months. There will be approximately three months of construction, and three months for pouring pads and installation of panels. There is no specific start date yet, it is proposed to be late third quarter, or late fall.
J.Furman of VHB went over his review dated May 31, 2013. The Site Plan Application review and Stormwater review were in one document. He stated it was assumed the project had been combined through an Approval Not Required plan, (ANR), and suggestedthe applicant provide proof of recording. At that time Mr. Moffett submitted a document that shows the SANR has been recorded, on May 23, 2013.
J. Furman resumed his review, starting withthe formal requests for waivers. Subdivision waivers are not applicable since there is no subdivision being proposed. VHB supported the Stormwater waivers requested; waiver of a perc test, waiver of infiltration trenches is not applicable since there are no trenches proposed with this project.
J.Furman stated that the applicant did not provide proof of site control, as indicated in the narrative as a Special Purpose Entity. Mr. Graber-Lopez explained that a copy of the lease can be made available.
J.Furman expressed there was not enough informationas to how much removal will be required due to refusal. There was insufficient information provided on how much rock will be removed.
Robert Jackson, of TRC spoke on the initial construction and rock borings will last approximately one month, and will be the loudest part of construction project. It will entail installing a ground screw foundation, which is not as loud as explosive rock crushing.
J.Furman believed the area provides a good sound barrier. Also, winter months will have less noise impact, since most people are indoors and windows are closed.
T.Skowyra inquired as to how easy a process it is to crush rock and how much will be removed? R.Jackson explained that it could be difficult but is readily pulverized with the machinery. Approximately 2” above grade and 2” below will be crushed. All stone will be utilized for fill. There will be no on or off transport of crushed material. The intent is to balance the site by returning rock to the low levels on site. Out of 14 borings, only one showed final grade with one refusal.
Financial Surety was discussed by J.Furman. $150,000.00 will be for removal. There will be a $25,000.00 deposit with $6,250.00 a year for 20 years.There needs to be a form submitted as to the form of surety, ownership of funding and it needs to be clear that the Town of Palmer is first named should the funds be required.
J.Furman expressed that the plan did not show interconnection wiring. E.Graber-Lopez distributed utility agreement, showing proof of interconnection. He also stated proof of survey is provided in the updated plan set, submitted at the beginning of the meeting. . It was also noted that the Three Rivers Fire Chief had been notified.
J.Furman suggested that the Board review their landscape plan. He recommended they identify and suggest any plants the Board sees fit. It was noted that the landscaping plan has been changed. There will be scotch pinealong the westerly side and extended to the north line once construction is finished. M.Marciniec asked whether the fence line is currently marked, and was told by R.Jackson, not yet. M.Marcinec recommended a condition be made to review property.
J.Furman noted that there is a discrepancy between the geotechnical report existing elevations and elevations as determined from the survey. Applicant should correct and submit correction to the Board.
J.Furman analyzed his Stormwater review, dated May 31, 2013
He spoke of the ANR. The plans need to be updated to show adjacent parcel that is included in the project.
A waiver was requested of televising the system. J.Furman noted wetlands along the northwest side of the project line. S.Moffett stated the TRC wetland scientist walked the site and confirmed there were no wetlands on site. It was noted there is a manmade hole that possibly use to house water. It was left out of fence line intentionally, it does not require acknowledgement from the Department of Environmental Protection (DEP) or Conservation Commission.
J.Furman stated that a list of hazardous wastes expected to be used on project be provided. R.Jackson stated the narrative provided has no hazardous materials.
Applicant will be removing the existing asphalt driveway and replacing with a construction entrance, and final stage will be repaving driveway.
It needs to be corrected that the entire site is redevelopment. Under DEP standards within the western region is that a site is completely previously developed, only the portion with pavement and structures can be deemed redevelopment. The other areas need to be considered new development.
The Stormwater performance guarantee will be in the amount of $7,500.00. Cultivated top soil is not to leave site, per DEP standards.
Land owner, Helder Nunes, stated that he was solicited by several companies and chose Blue Wave for their good neighbor practices.
The public was then addressed by the Chairman for discussion.
Town residents, Bob Bishop of 2156 Calkins Road, along with Kathy Ducum and Irene Bishop, of the Bishop family trust,of former address, were concerned over the vegetated buffer the extent of the project and proximity of their properties. E.Graber-Lopez stated that the border is well flagged from Nunes property.
Flora Guzik, 2159 Baptist Hill Road, was concerned about vibration and noise. How will this work be accomplished and does the applicant have previous experience with this type of environment? Mr. Guzik is concerned about the jackhammering. S.Moffett assured the Board there would be minimal noise for such a project. He has done similar projects in the past. Mrs. Guzik asked what redistributing is. S.Moffett explained that you take block from the project, smash it and spread. Then cover with loam and seed. The applicant will break up the rock, and redistribute around site to reach final elevations.
Mrs.Bishop asked what the applicant will do about drainage. E.Graber-Lopez stated that during construction, hay bales and silt fence will be used. It is industry standard for erosion control. The applicant has designed a Stormwater system that will have swales and country drainage. This system is fully compliant with the Environmental Protection Agency and Department of Environmental Protection. Mrs. Bishop also asked where the cutting will take place, and can you see the project from North Main Street? E.Graber-Lopez stated you cannot see the facility from anywhere unless you come onto site.
John Foley, 2141 Baptist Hill Road: Will the array display be visible from the street?The arrays will be approximately 175’ from the street. The goal is to clear as little as possible. Flora Guzik, 2159 Baptist hill Road; you are clearing 15 acres of land? M.Marciniec affirmed that. N.Czech inquired as to what will be cleared? Old or new growth?Mr.Moffett stated some older growth will be removed; approximately 15 acres will be cleared.
Town resident and abutter to Flora Guzik, Cathy Foley, asked; how will this benefit Palmer? Will we lose the rural feel? M.Marciniec replied that there is a pilot agreement in place for net metering program at no cost to the Town in services. The Town will save potentially 1/3 of the total energy bill, beginning in year 1.
Wayne Wrubel, 79 Kelly Street, feels this is a great use of the property, but the need for Stormwater maintenance is great.
Motion to grant waivers includingperc test, locus map, televising of the Stormwater system and side slope,was made by N.Czech. Seconded by K.Burns. Motion passed (4:0)
Motion to continue the public hearing to June 17, 2013 at 8:15PM made by K.Burns.Seconded by N.Czech. Motion passed (4:0)
2. 9:08PM Referral from Town Council for a one year moratorium on Medical Marijuana facilities and treatment centers.
M.Marciniec opened the public hearing. Nicole Parker read the public hearing notice.
Motion was made to table subject by K.Burns. Seconded by T.Skowyra. Motion passed (4:0)
3. 9:12PM Northeast Realty, Zone Change. To consider amending the Town of Palmer Zoning Map for a change of zoning districts from the Rural Residential District to the Highway Business District for a parcel located at 216 Breckenridge Street and owned by Northeast Realty Associates, LLC. This subject parcel is also known as Assessor’s Map 13, Lot 14.
M.Marciniec opened the public hearing. Nicole Parker read the public hearing notice.
Present representing applicant, Northeast Realty, was Attorney Stephen Spelman, John Thomas of Beils and Thomas, James St.Amond and Leon Dragone. Also present representing Mohegan Sun was Attorney James Rooney.
L.Leduc distributed a memo dated June 26, 2013. She detailed reasons for not approving the zone change as is, but gave suggestions on how to achieve the same goal, while complying with the Town’s current ordinances.
Attorney Rooney explained that the parcel needs to be zoned Highway Business in order to go to the Gaming Commission. He recommended the Board put a petition together to present to the Town Council. He informed the Board he is working under a time constraint. Attorney Spelman wishes to continue the hearing to June 17.
Motion was made to continue to June 17 by N.Czech. Seconded by T.Skowyra. Motion passed (4:0)
4. 9:37PM Northeast Realty; Proposed Height Restriction to be Raised to 150’ for Large Scale Conference Centers, Breckenridge Road. Map 13, Lot 14
M.Marciniec opened the public hearing. Nicole Parker read the public hearing notice.
Present representing applicant was Atty. Stephen Spelman, James St. Amond, John Thomas, of Biels and Thomas, and Leon Dragone. Also present representing Mohegan Sun was Atty. James Rooney.
L.Leduc distributed a memo explaining how the proposal will affect the current zoning. There is language in our current ordinance that could potentially allow such a height without changing the zoning. Section 171-88 already addresses building height for large scale conference and entertainment facilities.
Motion was made to send an affirmative recommendation to the Town Council by N.Czech. Seconded by T.Skowyra. Motion passed (4:0)
5. 9:55PM Referral from Town Council; Moratorium for Medical Marijuana Facilities and Treatment Centers.
M.Marciniec resumed the Public Hearing.
The Board agreed that a moratorium is favorable in order to further investigate and study the potential impact of such uses.
Motion to recommend moratorium made by K.Burns.Seconded by N.Czech. Motion passed (4:0)
6. 10:00PM SANR Industrial Tower and Wireless, 668 Old Warren Road. Map 32, Lot 30 & Map 27, Lot 21-2
Motion was made to endorse SANR by N.Czech. Seconded by K.Burns. Motion passed (4:0)
III ADJOURNMENT
10:10PM. Motion was made to adjourn by T.Skowyra. Seconded by N.Czech. Motion passed (4:0)
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Andrew M.Golas, Clerk
6/27/2013