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Barre Solar: Were Environmental Laws Followed?

Barre Solar: Were Environmental Laws Followed?

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Published by Craig Shibley
The following are minutes from the Barre Planning Board and Conservation Commission specific to the Barre Solar project off Vernon Ave. in Barre, MA.
The applicant on record is Dean Trifilo-Iandoli.
The following are minutes from the Barre Planning Board and Conservation Commission specific to the Barre Solar project off Vernon Ave. in Barre, MA.
The applicant on record is Dean Trifilo-Iandoli.

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Published by: Craig Shibley on Apr 30, 2012
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09/27/2013

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PLANNING BOARD MINUTES OF MEETING HELD SEPTEMBER 21,2010 Members Present: Philip Hubbard, Michel Merle, Joyce Alt, Alex Clark, Kurt Wells, Neil Anders - Associate Member Interested Parties: Dean Iandoli, George Ricker Mr. Hubbard, Chairman, opened the meeting at 7: 10 p.m. The recording of all meetings/hearings is to assist in the typing of the minutes and the tape is held until the next Board meeting, at which time the public record is the typed minutes approved by the Board. The minutes of the September 7, 2010 meeting were read. Mr. Clark moved to approve the minutes as amended, Mr. Merle seconded, the vote was unanimous in favor. BUILDING PACKAGE: , Dean Iandoli - Solar Project Off of Vernon Avenue

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Mr. Iandoli brought in a commercial building package for a development on a 62 acre industrial parcel of land off of Vernon Avenue, South Barre (National Grid transmission lines go through this parcel). The solar array will be in the back/higher elevation section of the property. The rule usually is 1.9 to 2 acres per megawatt but the topography will be taken into consideration when spacing the panels. The panels are ground mounted about 3 to 5 feet off of the ground. He is projecting this solar project will create about 1.2 million kilowatt hours per year or one megawatt. The State Department of Energy is trying to stimulate solar generation projects. Mr. Iandoli stated that he has spoken with John DiPilato, DPW Commissioner, with regards to wetering regulations which allows him to assign the energy to a third party (if it is less than 2 megawatts) and he was considering the Barre waste water treatrrlent plant. He Has also sent this information to the Superintendent of Quabbin Regional High SchooL Mr. Clark asked what happens to the panels when they are no longer useful because he has a concern regarding the chemicals that are contained in these panels. Mr. Iandoli stated that it would probably be 35 to 40 years from now before the panels are no longer useful at which point hopefully technology will be far greater. When their useful life if over, the panels would be pulled off the site and they could be placed/used on other structures. This installation will be tied into the distribution line. The energy does not go to a substation; it goes directly down thetransmission lines on Vernon Avenue.

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Mr. Hubbard stated that the Board is currently reviewing a model for a solar bylaw and/or regulations for the Town of Barre. The Town currently has no regulations or bylaw but the Board suggested that Mr. landoli review the model that they are proposing to adopt. The model was prepared by the Massachusetts Department of Energy Resources (September 2009) as modified by the Town of Hubbardston. Mr. Hubbard signed the commercial building package. GENERAL BUSINESS: Christie Miller & Ethan Johnson 993 Sheldon Road

Mr. Hubbard stated that there are stream/wetlands on the property and the property
possibly is within the watershed area. There is one dwelling located on the property but they are proposing to put the kennel structure between the stream, wetlands and the house. They have proposed to have some livestock in the future. Mr. Hubbard stated that due to the upcoming public hearing for a commercial kennel and given the size of the kennel and number of dogs proposed, the Planning Board and the Conservation Commission need to make a site visit. Mrs. Gendron will contact Christie Miller to notify her that the Planning Board and possibly the Conservation Commission would like to make a site visit on Saturday, October 2nd at 9:00 a.m. and would appreciate her attending the site visit with a sketch of the location the existing house and proposed kennel structure showing the relation to the stream, wetland and boundary lines. James Caruso Sam's Way Mrs. Gendron contacted Attorney Baird regarding the covenant for Sam's Way. Attorney Baird informed her that there is a covenant dated June 16,2009 signed by the Planning Board and Mr. Caruso that has been filed with the Worcester District Registry of Deeds Book 44618, Page 162 on July 22,2009, Section #8, states that upon final completion of the construction of ways and installation of municipal services, on or before November 7, 2010, the Planning Board shall release this covenant by an appropriate instrument. Mr. Caruso would have to request in writing to extend this date. A public hearing will need to be held - a decision rendered and another filing with the Worcester District Registry of Deeds. Attorney Baird is questioning if $20,320 is enough money to deposit with the treasurer in the event of default. Regarding the "Chapter 240 of the Acts of 2010, An Act Relative to Economic Development Reorganization - Attorney Baird said to read B3 carefully. Mrs. Alt stated that the original bond was for $25,320 which was reduced to

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CONSERVATION COMMISSION I MINUTES OF MEETING HELD SEPTEMBER 28 Members Present: Interested Parties:

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Ron Rich, Kurt Wells, Charles Holloway, Floyd Kelley Dean Iandoli, Judith Schmitz, William Regienus, Steve Barrett

Mr. Rich, Chairman, opened the meeting at 7:15 p.m, The recording of all meetings/hearings is to assist in the typing of the minutes and the tape is held until the next Board meeting, at which time the public· record is the typed minutes approved by the Board. The minutes of the September 14, 2010 meeting were read. Mr. Holloway moved to approve the minutes as amended, Mr. Kelley. seconded, the vote was unanimous in favor. BUILDING PACKAGE: Mr. Iandoli brought in a commercial building package for a development on a 62 acre industrial parcel of land off of Vernon Avenue, South Barre {National Grid transmission lines go through this parcel). The solar array will be in the back/higher elevation section of the property. A site visit will be made at which time the commercial building package will be signed if wetland requirements .aremet. PUBLIC HEARING: -Quabbin Wind, LLC Vernon Avenue The Notice of Intent for grading/improvement of existing gravel access road,construction of a driveway cr-ossing over an-existing intermittent stream, and the construction of an access road within Buffer Zone, to provide access for upland clearing associated with a proposed solar farm requested by Dean landoli of Quabbin Wind, LLC at property located" on Vernon Avenue, Assessors Map H, Parcels 466 and 477. Recorded with .the Worcester District Registry of Deeds Books 13463/16193, Pages 1/281 consecutively began at 7:30 p.m. Mr. Iandoli stated that he and his business partner Mark Staiti have a business known as Quabbin Wind, LLC which was put together in 2009. They are concentrating on the development of energy projects.

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They initially were concentrating on wind power but the State of Massachusetts requirements have since <changed, so they are now proposing a 2mega watt solar array on a 62 acre parcel in South Barre which is zoned Industrial. Judith Schmitz, Wetland Scientist, has marked the wetlands and Don Para, Engineer, has flagged the area. The access to the parcel is closeenough to- the wetlands which will require an installation of a culvert. There is an existing gravel road which goes up through the property and next to that is a swale that was put in years ago. The area will need to be crossed in order to get to the section <ofthe parcel which will house the solar .panels. Mr. Iandoli would like to move on this project quickly due to the State and Federal funding which is available at this time. Mrs, Schmitz stated that the crossing currently has a culvert which connects to another wetland and the gravel road will be within the buffer zone. The gravel road is off of an existing dirt road. There are two wetland systems up .on the top -of the hill. The solar array will cover about 7 1/2 acres and some of the solar project will be in the buffer zone which a Notice of Intent will be filed at a later date. Right now we are only addressing the crossing issue. Right now Mr. Iandoli would like to start clearing the area and start the project in the area which is beyond 100 feet of any wetlands. Mr. Iandoli stated that he will be doing this project in two phases and will start with putting in one mega watt. Mr. Rich stated that any clearing will need to be 100 feet from the wetland. The Commission win make a site visit to review the culvert and at that time the commercial building package may be signed if appropriate. The site visit is scheduled for Thursday, September 30th at 7:30 a.m. No DEP number as been received to date. GENERAL BUSINESS: Christie Miller & Ethan Johnson 993 Sheldon Road The Planning Board will be making a site visit to 993 Sheldon Road fora proposed commercial kennel on Saturday, October 2nd at 9:00 a.m. They have noticed there are stream/wetlands on the property and request that the Conservation Commission attend the site visit. Mr. Wells and Mr. Merle will be attending this site visit representing the Conservation Commission.

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Members Present: Interested Parties:

Ron Rich, Kurt Wells, Charles Holloway Dean Iandoli, Judith Schmitz, Elizabeth Davis

Mr. Rich, Chairman, opened the meeting at 7: 10 p.m. The recording of all meetings/hearings is to assist in the typing of the minutes and the tape is held until the next Board meeting, at which time the public record is' the typed minutes approved by the Board. The minutes of the December 14,2010 meeting were read. Mr. Holloway moved to approve the minutes as submitted, Mr. Wells seconded, the vote was unanimous in favor. '

PUBLIC HEARING:
Quabbin Wind - Dean Iandoli Vernon Avenue The public hearing for a Notice of Intent for grading/improvements within the buffer zone, clearing and filling of 5,000 square feet of wetlands in order to provide access to and solar' resources for a solar farm; selective clearing of tree species within BVW to maximize adjacent solar resources for property located on Vernon Avenue, Assessors Map H, Parcel 477 and recorded with the Worcester District Registry of Deeds Book 13463, Page 1 began at 7:30 p.m. Mr. Iandoli informed the Commission that no DEPfile number has 'been received to date. Mr. Rich stated that no replications can be done at this time due to the weather but this would be a good time to cut the brush. The replication area will be moved from the top comer of the property to the proposed area as viewed at tonight's meeting, Mr. Iandoli will mark out the amended replication area on an updated plan. Mr. Iandoli would like to clear up to the wetlands delineation area. Mr. Iandoli would like to place the hay bales along the wetland area ill preparation for the start of the project. Mr. Rich stated if the area is cleared up to the wetland delineation area and you would like to grub out the area, the area would need to be stabilized with something like wood chips. Mr. Wells stated that if the area

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is cut low, a conservation mixed could be placed in that area. Mr. Rich stated that Mr. Iandoli can cut the edge and then put the hay bales in place. Mr. Iandoli asked if he does not grub the area, does he still need to put in the hay bales. Mrs. Schmitz stated that the hay bales could be placed at the Iimit of work and not necessarily on the wetland border but it depends what is shown on the plan. The Commission will make a site visit. Mr. Rich stated that the whole area does not need to be bay baled but common sense would need to be used regarding the water/silt flow which depends on the amount of excavating around the perimeter and what is sloping toward the area. If the area is left intact, it would be less intrusive instead of stumping, and grading the area. :I\1r. Rich stated that since there are only two members present at tonight's who can vote (Mr. Wells has abstained due to conflict of interest) and the fact that DEP has not issued a file number, this public hearing will need tobe continued to tuesday, January 11,201 I .at 7:3.0 p.m. ,GENERAL BUS-INESS:

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Joyce Deschamps - BeUBrook Oakham RoadlW oods Road Mrs. Deschamps wants the Commission to make a site visit regarding the bridge constructed over Bell Brook. Mrs. Gendron will inform her that the Commission possibly could make a site visit the weekend of January 8th or 15th. Jean A. Ibelle and Nancy R. Pitisci to John E. Drost, Jr. 257 Walnut Hill Road The Commission received a letter from Attorney Scharfenberg dated December 6, 2010 regarding a Notice of Intention to Transfer, Chapter 61A, Section 14. The town has a right of first refusal before it is conveyed to another party.

John R.. Hardakerand Barbara A. Fawcett
126 Company Farm Road The Commission received a letter from Attorney Levinson dated December 17, 2010 regarding the Foreclosure Proceeding, by Family First Bank against John R. Hardaker and Barbara A. Fawcett which has been adjourned until Friday, February 11, 2011 at 11:00 a.m.

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staying with manufacturing and research and development because green energy has technical issues which would be time consuming but this could be addressed at a later date. · Mr. Anders stated that there will be an overview of the proposed Energy Star "Stretch" Code at the Barre Town Hall to discuss Barre's possible adoption of this building code. The program will be presented by the Barre Energy Advisory Committee. The meeting date to be announced. Attorney Mark Bobrowski Solar Facility & Processing Plant - Vernon Avenue The Board received a copy of letter from George Ricker, Building Inspector, dated April 25, 2011 to Attorney Mark Bobrowski regarding allowable uses on property located on Vernon Avenue. Mr. Ricker confirmed that the solar facility, aggregate processing and heavy equipment parking & storage are all allowable uses in the Industrial District which may be conducted in complementary uses to each other on the same lot. The aggregate processing does not include mining/gravel removal on such site ..Items to be addressed (l) all access roads leading to public ways shall be treated with suitable material to reduce dust and mud; (2) all trucks, when loaded shall be suitably covered to prevent dust and spillage on objectionable sounds; (3) tree density should be maintained so as to provide a visual screen and to reduce objectionable sounds; (4) cease & desist all gravel removal; and (5) all trucks working on Assessor's Map H, Lot 466 must enter and exit on Vernon Avenue at the "condominium lot access point" known as Assessor's Map H, Lot 477 Street number to be assigned. John Sinkewicz 591 Jewett Road Mrs. Gendron stated that Mr. Sinkewicz would like to know if he needs to have a public hearing for a noncommercial kennel for dogs that are used to herd cattle. Attorney Baird stated that there are other reasons for the concept of dog licenses and being a farmer does not exempt him from the Town/State requirements. The exemption given to Agricultural under the State law does not exempt an agricultural operation from all laws. Attorney Baird and the Planning Board agreed that Mr. Sinkewicz would still need to file an application for a special permit for a noncommercial kenneL ~ Planning Board Associate Member Mr. Hubbard asked if any of the members have a name of someone who would like to become an Associate Member. Mr. Anders mentioned Steve Rayshick. Mr. Hubbard will contact him.

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Brian & Nissa Gadbois Company Farm Road

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Brian and Nissa Gadbois purchased the former Chase Farm located on Company Farm Road and it is his understanding that having a large number of animals requires Planning Board approval. They plan to raise goats, sheep, hogs and chickens. The property is located in an R80 zone and they have 286 acres and it an APR restricted farm as they have already gone through the State approval. A farm plan has been submitted to the Department of Agricultural Resources. This would be a commercial operation. Mr. Hubbard stated that the property would be considered a commercial farm per the State, Chapter 40A, Section 3, and per the Town's Right to Farm Bylaw, Chapter 44, Article I. A special permit is not required from the Planning Board. Mr. Hubbard asked if they plan to do any gravel removal as that might require a special permit. Mr. Gadbois stated that he' is not planning any gravel removal at this time. Neil Anders 971 West Street

Mr. Anders stated that he is speaking as a property owner and not as a member of
the Planning Board. He owns slightly less than five acres and he would like to have more than four adult animals and over 20 chickens. Mr. Anders stated that per the Town's Right to Farm Bylaw, it does not specify whether it is for commercial or noncommercial. The bylaw states it is for any agricultural use. Mr. Anders stated that his land will be used primarily for agriculture. Attorney Baird stated that the Town's bylaw does not supersede the State law. The Right to Farm bylaw, 44-7, Precedence, states that in the event of conflict between this bylaw and all other Town regulations, this bylaw shall take precedence. In the event 'of conflict between this bylaw and federal or state law, federal or state law shall take precedence respectively. Mr. Anders stated that zoning requires a 25 or 35 foot setback from the sideline for R80 but the Right to Farm bylaw does not specify any sideline set backs and the bylaw ,does state that any conflict between this bylaw and all other Town regulations, the bylaw takes precedence. Attorney Baird stated that he will need to look into this further. 61, 61A & 61B Land Policy The Board reviewed the draft of "Procedure for Processing Request(s) for Waiver of Right of First Refusal, pursuant to MGL Chapter 61, 61A and 61B submitted by Attorney Baird. Mr. Anders asked why East Quabbin Land Trust is listed in the policy and other potentially interested parties are not referenced. Attorney Baird stated that he tried to make this simple but at the same time if there are other

3/29/2011

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Certificate:
Issuance

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11/23/2010

MUNICIPAL

COMMONWEALTH OF MASSACHUSETTS
Requested by QUABBIN WIND LLC :: I certify from availoabJ,e infOJ;mation that. al.l taxea , ,:;;\ssesaments $ncl

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cert.ific~te on the parcel of real received on 11/2.3/2010 az e liste.d

chCirges now payable that constitute liens as of: the date of this
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DESCRIPTION OF PROPERTY

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Land area Land Value Land Use ExemptionS

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06/17/1991.

B()ok/page: l3463/1
2010
p,763.58

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$1,OBO.82 $.00 -$1,080.82
$.00 $.00

DESCRIPTION

Charges/fees Abatements/Exemptions payments/Credits
Interest

REAl~ ESTA'l'E TAX

$S81.79
$.00 $. CO $22.83
$".00

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to )1/23/2010

TOTAL BALANCE DUB!
NOTE: Actual 2011 taxes not

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$5)04.62

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$.00 $.00 i , 163.58 $..00

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TOTAL INTEREST PER DIEM:

$.3382

T X CO!,j15CTOtt

THIS FORM APPROVED BY THE COMMISSIONER

OF REVENUE

www.masslandrecords.com/malr/controll

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