Good evening everyone. Today is November 20th, 2025. The time is 6:02 and this is the accession planning board. This meeting is being recorded for future viewing on the town's YouTube page uh on the cable
channel and we're live via Zoom tonight. Uh can I get a motion to open the planning board meeting? >> Make a motion to open the meeting. >> Second. >> All in favor? >> I. >> Can we introduce ourselves? >> Peter Ga, member. Steve Bush, member. >> Mark Francois, chairman. Brian Damps,
member. >> Rick Ellis, vice chairman. All right, gentlemen. We're going to jump right into the public hearing tonight. This is a continued site plan review and special permit of 1094
Main Street, Clem's Way, Map 7, Lot 15. Applicant is Clemway Solar LLC and Reenewables. Owner is Brookside Realy and Realy Trust. Representatives of Bales and Thomas, Inc. Uh the scope of the work is
proposed 5 megawatt AC solar array. Give me one quick second to hand out please. Take one. You guys shut up. You guys shut up.
Oh, look. I I will warn everybody in the audience. I forgot to bring my hearing aids with me. You will really have to speak up clearly or I will not be able to hear you and I'll be constantly asking you to repeat.
Please introduce yourself. >> Good evening. Uh Zachary Farcus for the applicant with me, Greg Samson. Um also representing the applicant. Um we're here to talk about way. I'm not going to go through a full kind of project recap like I did at the opening of the October
2nd meeting. We reviewed the entire project history then. Um instead, I'll just kind of remind you guys we've been working on this project for about 3 years now. and it's our hope that we can get the board to the point where we can close the hearing this evening. At the October 2nd meeting, uh we took a number
of homework assignments back with us and my plan was to run through each one of those, respond to them, pause so we could discuss it and then hopefully end my presentation and we could have any discussion we'd like to have. Um so the first assignment was to get that sitewalk done. So on October 18th, u
members of the board and I met at the site. We spent a couple hours out on the site. I thought it was a informative visit for everybody, but we spent a lot of time walking among the three arrays. Um, the notes that I took back from that sitewalk were mainly focused on
screening for the folks living upon Clem's Way. We made two changes to the plan set that is now in front of the board. The plan set's dated October 22nd. The two material changes were we switched all the fences from wire mesh
or agricultural fence to a full stockade fence. Can't see through it stockade fence that'll block the array. And then we added um a number of arbory plantings in the kind of bare spots that we noted. I think as we walked up the the southern
road through the three different arrays, I think I hope the board noticed that even though it doesn't look like a lot of cover there, there is a lot of existing foliage. So, we put um plantings in some of the open spots. Um so, that was kind of the first item. Um
the second was the screening the chairman brought up at the end of the meeting. We talked about it again at the sitewalk. Um but mainly if you focus on sheets C31 and 32 those you'll see the uh the changes to the fence and the plantings. Um second
item was to resolve all technical and actually no I'll pause there wait for you guys to catch up. So you said C31 >> and C32. You'll see the uh large plantings along the southern edge of the
now stockade fence. >> And I think even though it's not readily apparent from this satellite image that may have been taken, I don't know what time of year it was, but the plantings were pretty strong here. So, we added some plantings along this open area here
and this open area here to help grow those up. We'll also have the fence, but those plantings will help break up the fence a little bit. Aesthetically, it'll look a lot nicer than just a big solid wood fence. >> Now, by looking at this, you got like 1, two, three, four. You got like six on
this side. Are you planning on putting some mature trees there, or are you going to just put little three-footers and wait until they grow kind of situation? >> We're happy to let you guys give us some direction. And I think we're planting some either clusters of trees or some some larger trees, but we're happy to we're happy to take suggestion from the
board. Plantings are pretty subjective. >> Yeah, personally, if you're going to put just what you have here, I would prefer to they be a set height of a of a mature tree. Uh I'll leave that up to you. If you're not if you don't want to spend
the money on the set height on mature tree, eight or 10 footers, then you just double up what you have here with shorter ones. uh whichever way you choose. Um but that's how I'd like to see it. >> We got other uh sites that have put, you
know, little two-footers out there and, you know, one here, one, >> they're still two foot. >> They're still two feet. And >> the Charlie ground Christmas tree look is not what we're going for. I think the important thing to note is the trees themselves are not meant to be material screens, right? The screen is the fence,
and the trees are meant to break up the fence and make it look a bit more natural. But yeah, we can we can certainly do that. >> The the best screenings that I've seen on any of the solar projects that have happened in this town are up on
Wing Road. Wing Road, Wing Lane. >> Yeah. >> And they did a BM and I don't know what those plants are, but they grew like crazy and they really provide a super screen. Great. Um, I would ask that,
well, the rest is the rest of the board, but that's the best one that I've seen. Okay. >> And and there's still, even with those, there were a couple of them that died, but the other ones have grown out and up so well that it's it it really still
works pretty well. Um, that's But I think you're right. I think when they put them in there, they were mature already like 8 10 footage to begin with and then they took in, you know, within a couple of years there. It's a monster. >> Great uh screening. So, again, I'll leave that up to you. But yeah,
>> thank you. I >> I would I would like you I would like you to investigate that one >> and look at what's there and what the spacing is on them. And uh yeah, they they work very well and and
the deer didn't seem to touch them either. Y >> and they're evergreen. Uh pretty pretty decent screening. >> Okay. So sitewalk and screening were the first two. The third one was to resolve all technical and storm water items with
the peer review. And so I believe I know Victoria is not here, but you should have received a letter um dated November 19th from GAF Engineering. It's a one-page letter, which is good, and it effectively says that we've met all the requirements of the bylaw and the storm
water standards. Uh what did did they did they happen to address the uh infiltration ability of those rear infiltration basins? >> They did. >> Uh it would be the most easterly ends
after you go through the wetlands. Those are the ones that I was primarily concerned about. Yep. >> Just because of poor performance uh or or lack of infiltration on infiltration basins in in a previous uh solar project
in town and the terrain and the soil uh appear to be very similar. We've talked about it forever in a cushion. Very challenging to deal with storm water in a cushion because you can't count on a lot of infiltration because of the C and D soils that are throughout throughout
the area. So >> you'll see a ton of discourse back and forth between our engineer Jeff and um the GAF team to make sure that everything was was resolved to their satisfaction. If if there is any way to
even put a very small outlet so that the ponds drain down between storms. That would be marvelous. That's primarily the problem that occurred uh in back of skeletal butts.
Uh they you could actually see three areas where there were small existing channels that carried water
most of the time. Uh and it without that the ponds just fill up and then uh spread to the adjacent property. And
uh so that that's my concern is there's got to be some way to make sure that those ponds are drained down between rainstorms. >> Absolutely. you very >> because if they're full already, irregardless of what the calculations
show, they're not going to work because the ponds are full when the rainstorm comes and then it just blows over into the adjacent properties. Yes, sir. >> I mean, those guys in back of Scuttlebutts, they had fracked tanks. They were they were
actually shuttling storm water over the road to kick the ponds down >> uh in in between storms. >> That's that's so it's not it's not an imaginary thing. And unfortunately when
neighbors come in to tell us that and and demonstrate that it is creating a problem for them uh it it really doesn't matter what the calculations say. >> I understand and I think my only comment would be GF engineering is very
conservative on any calculations and we made sure to address the items that that you brought up. Um if if somebody will guarantee that if there needs to be uh tank tanks running tanker trucks running
away from the site to get rid of the water in the ponds. Uh that's that would be good. I guess I believe >> you you understand what I'm concerned about. there. And we we I would I'm sure
any member of this board, the the the planner, myself, we'd be glad to go show you the one in back of scuttlebutts and >> we've seen it. >> Yeah. And that had all the reviews that
had all the calculations that met the storm water control >> and all the way >> the people downstream from them got flooded. >> Yeah. Uh they had to put in that the proponent had to put in a
water supply uh from the town because the runoff ruined the surface water well that they had there for drinking water. You know, we're it was a real problem. We acknowledge that. I think it's this
board's practice to place a storm water bond on an applicant as a condition of approval. And >> um I I would like to I I mean myself, you know, you got the other members of the board. I don't want to have to be here in front of the camera to another
set of residents that are getting flooded out and having their property damaged because of infiltration ponds on this. I mean, there's a whole ridge that runs north to south or south to north in town, and that the the soil appears to
be relatively similar. Um, so, uh, I I I agree with Rick, but I also got to give, um, the engineers their due as well. If storm water did their job, if uh test
pits were done, if soil calculations were done correctly, which you brought up behind scuttlebutts was not >> uh uh engineering review during construction was not uh
>> oh yeah, there were there were other problems. >> There was a lot of problems over there. So, and I think we've learned a lot uh since then. Uh and I agree with what you're saying. We don't want to see any flooding. But with that being said, I also think that we got to give the peer
review, the engineers, the storm water test, everything, all the storm water calculations. You got to give them a little bit of um what's the word I'm looking for? Uh credibility that it's going to work the way it's supposed to work. Uh with that
being said, absolutely. If if we get call one that any water is going into anybody else's property, they get the first phone call to get a tanker out there to empty the ponzo. >> Yeah. I mean, and you saw what happened with the last one. The last one, I mean, I think there were three different
owners of the thing before or three different leases of the thing before it even got to constructors. And for all I know, it's a different owner now that it's completed. Uh so you know there's that there's that part of our my concern
too is we don't really know what owner we're going to be dealing with and what the conditions of the sale were you know and what their respon whether they're going to have continuing responsibilities
uh or or not but that I I won't I won't say anymore uh but but I would like some reassur for reassurance. Uh I don't care if you dig a hole out there and let's see what happens this spring and and see if it
full all the time and you know watch the rain come down and if it rolls into somebody else's property well then uh you know we still have a problem. I mean that's that's the best that's the best way I mean in terms of practically
seeing if it's going to work or not. It it's the whole infiltration thing. What's the infiltration rate in the springtime? That's why we don't build septic systems uh based on where the groundwater is in the summer. Uh it it All right, I'll
I'll be quiet. I mean, I I I'm not trying to throw up an insurmountable obstacle, but it is our responsibility on this board to look at, especially something like that, practical and some aesthetic impacts uh
to off-site properties, of course. >> Okay, >> continue. >> Okay. Um the fourth item I had was to plot the septic system for you. >> What page is that? you take a look at
sheet C3.1. I got a print out here. So, everyone the the board of health provided the top sheet. Okay. And the second sheet is a print out of 3 3.1. And you'll see just off property
Oh yeah, I'm looking at it on there. So they've actually got it located there, too. >> Wow. >> And so just to coordinate, it's in this area. There's a very We were talking about it looks like a very small cleared area right there, but it's you can see
it's well off property and well outside of our limit of work. I mean the the location of that septic system that just rolls into what I was saying before about that that whole ridge that runs north to south is very
difficult to find a place that will pass a percolation test all all the water and all all the water and that's a yeah >> that's a good answer >> cuz that's where the ponds are is that little corner in each in each field,
right? >> Yeah. Pond. >> Yeah. >> Any questions about uh the plotting of that septic system? The chalk sheet, like I said, was provided by the the cushion board. >> Which is the sheet that's got the
contours on it that are easy to look at. Having trouble deciphering the contours on that C31. Is there another one that >> existing conditions plan should be a couple turns to your left? >> TP2, huh?
That's the cemetery. That's the barn. >> I don't have a full. >> Okay. There's There's actually Let's see. Make sure I'm looking at the site. If I look at TP2, which goes down to the brook, there's
already a swale on that property line that should direct any water uh that currently directs water away from that septic system and away from the uh the property on the
north side. Let's see, TP3 Um, does that approximate location of that septic system show on either TP2 or TP3? >> It was just plotted on 3.1. >> Say that again. >> It was just plotted on 3.1, I believe.
>> But you should be looking at the middle. >> Yeah. I'm sorry. I don't look at both at the same time. >> Yeah. It's on 4.11. >> It's on the grading and drainage as well. >> So there's I mean you got a pretty defined swale all along there. So where
is that septic system? Yeah. And on here. And is that the spot where it is or is it further up? No, it's right in here. >> Okay. All right. So, that that answers
that question. There there is there's a swale at the edge of the property now that will follow any ground off from that site away from uh the neighbors septic system. All right, that's a good answer. Thank you.
No, if we can get a small drain down to that swale from those back detention ponds, that would be marvelous. >> Two more items for me. Um, the next one was the legal opinion >> called what's away.
>> Oh, this is together. >> This is your original opinion. Correct. >> Correct. We had something from KP. >> KPY. Yep. >> Would you happen to have an extra copy of that?
>> What's that? >> Would you have an extra copy? We didn't get a copy of KP Law. >> Uh, yeah. When Victoria gets back, if you could give her a call, she can probably mail you one. or I'll tear it off. I could tear mine off right now when I'm done reading it.
>> You can have that. >> I uh I read yours originally and uh your attorney does has some good bullet points um of why it is not away.
Um, KP Law. KP Law basically after reading a page and a half of a lot of um lawyer talk
and you gentlemen can correct me if you read something differently. I don't see a definitive reason why it is a way. >> Just give the board a few minutes to skim this off. >> Yeah. Need a couple minutes to look at
this. Chair, would you mind if I borrow your copy just so we can actually I wrote online? >> Yeah. I did a deep dive on it after we left there on the Saturday and when you and
there was case when it pertains the mobile home it was really they called it out as such you know it's just this basically driveway driveway right Yeah. Yeah. That's what
that's what KP law basically they came up with a few different case studies that >> we're either way the way I read it KP law didn't come back with anything definitive saying that way is a way. So
um again uh unless the board has anything else I'll go with the fact that it is not a way. Thank you, sir. >> Agreed. >> Agreed. I agreed. Yeah. >> Yeah. I mean, I I I I would tend to agree. I mean,
>> the my understanding of the reason it was Clem's Way and each one of those way >> homes have an address on Clem's Way was to provide for um
>> 911 >> 911 access. Yeah. from 911 so that if they got a call to either the fire chief or or the fire department or the police department that they would have an address to go to, not just lot numbers.
Lot numbers if they had to respond to a lot number, well, unless they've got a plan that designates the the lot number for each one of those homes, uh it it doesn't work. So, there was a request from the town
to have a street name and street numbers so that 911 uh access was clear. >> I'm I'm I'm all You good with that? >> Yeah, I'm good with that. >> Yeah, >> I think we're good with that. >> Thank you. The final uh requirement and
I'll kind of yield here is um you wanted us to renotice. We we published two more notices. Sorry. Uh the final item was to renotice just to make sure that communication was was upheld. There was the original certified mailers list to the abutters that went out. We've had a
bunch of continuences. Um it's been almost 5 months since the original application. So we did we did as you asked. >> You sent out letters to all the butters letting them know for this meeting. >> Thank you. >> Um and those were those are effectively
what what the board asked from us um at the last meeting. Uh well there is one more that I don't think you addressed the setbacks. >> Well there's one more. I don't think that was a request per se but I think we
are you know as much as we made our case at the hearings and through our discussion. We're prepared to remove all solar panels from the 150 foot setback if that's the final requirement of this board. The one request we make is that
we would like the opportunity to get consent from all the neighbors. And so I drafted up a a requested condition to Victoria asking that in the decision the waiver would be granted conditional
upon the abuters signing off allowing for us to put panels inside the 150 foot step back. And so the pink are the panels that would either be removed or would have to be consented.
And I thought that was a fair compromise because I think we've talked about this a lot. Whether those panels are there or not is not going to have a major impact on the project itself. And so if the abutters wanted to participate with the project, I'd give
them that opportunity. If they said no, the panels go away. Is it possible to turn that so you can see what kind of what's being discussed? Because >> the board made that decision, not the the neighbors. >> Yeah. >> Well, we do make that decision. He's
just trying to uh how do I put it? Trying to sway our opinion if we get all the neighbors on board, so to speak. >> If the answer is no, as I said, that's my last request. If not, all those
panels will disappear. That one I think needs some further discussion from the board. That's all. You know, I'm not going to say one way or another right now. If I could offer, I mean, there are there are some neighbors who I we anticipate would not agree with that
condition, but there are some neighbors we anticipate would be okay with it, particularly where they have an undeveloped lot and there's, you know, wetlands between them. it's it's far off. They have no chance of a visual impact based upon
existing conditions. >> And so that, you know, from our perspective, that's a situation where it may be reasonable for the neighbor to agree to it and the board would have asurances that it's not an arbitrary
waiver. It's a it's a reasoned waiver request. Whereas again recognizing that if a different neighbor doesn't want that, we can maintain 150 ft. >> I mean, if there's something that's unique to this one that wouldn't be
unique yet wouldn't apply to further one, that's one that's one issue. Um, but I in terms of setting the precedent for future actions on future solar arrays if they're going to happen, um, I I just
I'm not comfortable saying yes tonight myself. >> Yeah, either. >> I I'm I'm not saying I won't I'm not saying I won't say yes, but >> Well, I I think I agree with you. I agree with you. And I'm also piqu my curiosity on how many neighbors are.
Um, not saying that it'll make a difference, but I it would peique my curiosity. Um, so yes, u, and I agree. I think that's it's something that that the board
should discuss further. Um, and yes, and like I've said to to you two gentlemen, this is like number one or number two uh project since we've started our bylaws, right? >> And we got to be careful. uh setting a
precedent is is is the big one. Uh we got to really think long and hard on whether or not if whatever we decide with you will affect others coming down the pike. So um yeah, >> I I sit in your chair on my board, Mr.
Chairman, and I do appreciate that concern. Um, you know, our goal here is to try and indicate where if there were to be relief, it would be an exceptional circumstance for which it would not lay the groundwork for future
>> waiverss for no rationale. >> Gotcha. Any other questions before I turn it over to the public? >> Thank you. Is there anybody out in uh Zoom land or out in the audience that would like to ask any questions about
anything regarding this project? >> I do. >> Please approach, introduce yourself. Let's turn this. So, my name is Kevin Fado. I live at 86 Robinson Road, which is here. This whole section here that's
connected. My sister lives here. So, the two of us uh this entire boundary line and there was some talk earlier about some uh retention ponds or something that were going to bleed off onto the neighbor's property which we couldn't
see because it was all facing here. I'm assuming it's somewhere back here. >> Could you just point out to this gentleman where the retention bonds would you please? >> This is your property here and your sister's property here. >> I know that. >> Sorry. The basin is right here. Could could you just put your fingers like on
one end of the property line and the other so we can see who owns which property and who owns the other? >> I own here. >> Yeah. From where to where? >> From here all the way to here all the way up to here all the way down to here where there's another solar farm over here.
>> Okay. So now what about the does does your property line go easterly along that whole rear detention >> here all the way across here back here all the way over here. >> So I'm looking for that other property line. So I mean we've got we've got you
and we've got two other people that are but this >> Kevin show my land. >> So this section here is is my sister my sister lives next door to me so she owns this big piece of land and I own this land. >> Okay. So, >> you are you are the center. You are the
center. Uh, >> I'm the center right here, but I still can see where the retention ponds are going to be. I walked over the property just yesterday because we had a problem with um people hunting that shouldn't have been there and I put up some signs. It was extremely wet back there just yesterday and I don't remember the last
time it's really rained very hard. And my concern is if we're going to have more ponds here, it's really going to be flooded whether it's wetlands or wetland it is. and I can't see that. It really doesn't matter. It's still our land >> and I shouldn't be have to walk in my
land and look at that. So, >> saying that it's not going to be an impact on us because we can't see it from our house is kind of silly. It's still our land. It's still our property. It's still our property line and it's going to, in my opinion, it's going to devalue my property. And I'm really not
interested in that happening. I've already got a solar farm over here over on Robinson Road. That's, you know, a butt toss me. I'm going to have now another one. And you know, >> so >> the way they designed the
>> pink ones, I'm never going to sign off to let them put those in on this property line. So, you don't even have to decide on that cuz I'm not going to give them an easement for that at all. That's just not going to happen. >> Okay. The way that land is, it kind of contours and flows. >> Yeah. There's a big swale up here, but
then it flattens out into the back. >> In the back there, that swale disappears. It's probably about 6 8 ft deep up in the front here. But as you go back, it flattens right out and you can walk, you know, right over here without climbing up anything. There is a hill of
stuff here. But as you get to the back, that goes away. The water just going to come right around that right in, you know. And that's my concern is that what's you know, this isn't a really good map, but the the wetland is kind of odd shaped. It's just going to become
worse and worse and worse. the more water you dump in there, the less upland I'm going to have, you know, and that's not right. Water on their property is supposed to stay on their property. Water on my property stays on my property. >> If the storm water is designed properly,
which I give kudos to GAF, who is the peer review, if the storm water is designed correctly, the flow of the land, the water, none of the water from their property should go onto your property. All the water is supposed to flow. I think this is the southerntherly
way. That's why there's two retention ponds, one on even solar field on the bottom half. So when the water flows, it doesn't go towards the trailer park. It actually flows into the into the retention ponds. Uh >> yeah, >> again, the only thing that we can do,
>> the only thing we can do as a board >> is trust that the people we pay, not these people, the people we pay that represent us as a town, go over all the numbers, look at the test pits, look at
the soils, look at the contour of the property, which way the water flows. That's what the storm water is, is to really dig into where this water goes. When it falls from up there and it hits here, where does it go? And they come up
with their numbers. They pay big engineers to come up with their numbers. And then we they pay someone who works for us. We're we're not engineers. We can't tell you where the where it's going. JF stamps with his professional opinion of where the water is supposed
to go and then they design their field to accommodate that water. As a board, we have no other choice but to approve agree that they know what they're doing and what they're talking about. >> I sat here and I listened to Mr. Ellis
speak of past things where everything's a learning process. Absolutely. I would really hate this to be a learning process where I'm flooded out and now we have to get >> I think I think we made our point very clear that we we don't intend to make
this one a learning process based on what what happened to make sure that >> you know I I will tell you on the other one I will tell you on the other one it wasn't just the fact that the solar array went in and the people downstream
got got more water there. There was a historical flow. You can you could go I walked across the back of that property. There were either two or three places I it's been a few it's been a while now that you could see historically that
water ran across the property from people downstream from the solar array. and and like Mark was trying to say that property on the uphill side, they're
actually entitled to be able to keep the same amount of flow going downhill as there was before. And that's the that's where these calculations come in. That's where the peer review comes in to
make sure that there's no increase in water uh across your property from this development there. Again, I'm I'm going to try not to stick my foot in my mouth.
I have I did not look at the the watershed map that shows where the water from each one of those portions of the property come from. It should be in the calculations that were submitted. And I
I would certainly request that the board at least look at the picture part of it, not the not the calculation part of it to see what portions of those property presently >> drain onto adjacent properties.
and and you know we are what we're charged with here is to make sure it doesn't get worse >> but it's not going to remove it because the chances are there are some there's some water already that >> goes over your property from the old St.
common farm. That's all. So, I would I would to that end I would just request that the applicant make a copy of the two or three pages that show the watershed map for that so we can zero in on the areas that could potentially be a
problem. And then we will ask our consultant and we will ask them what the plan is to make sure that there's no increase in water uh runoff from those sections of their proposed project that we can do and believe me
they they will that will have to be done. >> Well, I do take offense to someone saying because we have woods that it is irrelevant. There's there's two there's two things we're talking about. We're talking about
>> water runoff from a change in use of the property. That's one thing. And then the views, that's another thing altogether. You can ask my wife. You should ask me about aesthetics. So I'll I'll go with the rest of the boards. Uh on that
saying that because I can't see it from my house that it shouldn't bother me because it does. Unfortunately, unfortunately, our state legislature has said solar arrays are an allowed use and and and so
we can't tell them that they can't have their use there. Uh we can get some screening done. Uh that's part of the discussion right now. Um, I I am going to,
at least myself, the rest of the board can do what they want. But now that I've got the plan, I will take a walk along those areas where the things are shaded pink and see what it looks like and see what the
potential uh you know impacts are and see if there's something that we can do uh reasonably uh to uh to let them do their project. >> That that again is part of the state legislature, the laws that
they have put in place. We cannot condition it so rigidly that it makes the project unfeasible economically. Uh attorney general's been very clear on that. But if there are things that we
can do uh within reason, uh I I feel obligated that we should do that. And I certainly will walk along those sides of the property and those areas where those uh pink shaded uh
>> those areas are those pink shaded areas are still wooded at this time, aren't they? Cuz I Well, I know the first two aren't, but the third one is still wooded, right? So, these two have actually been they've been existing fields and they're open all the way to where they're going to be open. There's
no more trimming going on on the back halves. >> But the third array is still got some trimming especially on the lower part. That's correct. >> If I correct if I correct and and the northerly part also that's not totally uh >> Yeah, that's correct. in terms of in
terms of the the front two the westerly two areas whether or not you have that I mean this is again just my opinion uh you know whether or not you eliminate those or not I think you're going to have the same visual impact from those two solar arrays you know you see what I
you see what I mean Mark the two westerly ones >> I mean if we're talking about the 150 ft you're only talking about those those pink areas >> exactly and and there's going to be the same
visual impact with or without those. I mean, the bulk of the arrays are still there. Um, that's my opinion, but again, that the rest of the board has got to weigh in on that, too. The back one, I don't have a feel for that one. I got to go out there and walk it with a plan in
in hand. I'll have a better idea then. >> Okay. Anything else, sir? Well, my thought is if you have to get an what's the word? >> Get it approved. What do you mean by the >> They need to get us to sign off to put
that in. It's like you wouldn't argue about it, then it shouldn't be here. >> If it's not part of >> it's not it's not their call. It's our call here. >> No, I I understand what you're saying. Then if it's not really in set in black
and white that yes that h that can be here no problems no questions asked then I ask that it not be there. >> Okay. Okay. Fair enough. >> That's where the easement that's what I was getting is easement. >> So if you have to have an easement for that >> then I would just assume not see it even
though it's only a tiny little bit. If it's only a tiny little bit then it's not going to affect their project at all. So we shouldn't have to look at it. >> We're all going to look at all the rest. So I understand any bigger than we need. Just the fact is the devil's advocate. We do realize
that if we choose if we end up voting to eliminate those pink panels, >> the next set of panels are literally 15 ft away. >> That's still 15 ft. >> Okay. Just so you realize that when you're standing at your property line,
>> it's either going to be solar panels uh 50 feet away or you know it's still you're still going to see the solar panels. >> Well, the next person with the next >> project might not have the house so far away. It might be closer and you start allowing this and it's going to be worse for them
>> because we didn't speak up at this meeting. then they're going to be stuck with that same >> I think we all understand that and that's and that's the decision that's one of the decisions that we've got to make as a board you know uh and ultimately
uh you know we can assess visual impacts we can address drainage impacts but we can't use those just to whittle away at the economy of the project. >> Well, I'm not trying to do that. I'm
just trying to >> Well, that's what I mean. That's effectively what it does, >> you know, and and I'm not saying one way or another as possible. Understand we got it. We understand. I understand. >> Uh, anybody else? Uh, >> yeah. So, so as far as
>> Just introduce yourself, please. >> So, as I'm Kathy Bar. >> Thank you. >> That's my subject. >> Thank you. So, I'm still nervous, you know, cuz I'm wor I'm worried, you know, like about erosion, you know, erosion of soil. And if that water is just sitting there, it's going to erode the soil and then
I'm going to have less and less of a >> which water maybe >> like if the water's sitting on the lands, right? >> But it's sitting on the land there today. >> I know, but we're going to add more water to that. >> Why? >> Because if that doesn't work, if they have ponds in it, it doesn't work. So the the that that field that is next to
your septic is a field right now. >> Yeah. >> The only thing they're going to do is punch a bunch of holes for anchors and then put uh solar panels on top of it. >> Yeah. >> The water that falls from the sky is the same today as it's going to be 10 years from now once they're there. >> Yeah. But the the trees they're going to
take out is going to they're going to run down and it's going to add more water. >> They're not taking any trees that are put your property. >> No, but it's still going to add No, >> no, there's no trees that are budding on property. >> No, no, I know, but they're going to come from
>> on the third one. On that third furthest one to the right, there's some trees that are going to go there that are going to be removed there, but that also everything flows south away from your property. Yeah, because and the reason why is cuz the land slopes in that direction
>> and they're not going to go in to change the contour of the land. They are taking down the trees. Uh that being said, that I understand that. But no more water that is there today is going to be there 10 years. >> I mean look how I mean when you think about it look at my leashing area. I
mean it has to have a >> really huge >> the contour of the property that's there today >> will stay that way >> will stay that way. So if no more water is flowing towards your property today >> that's why I make sure >> it will not once they put their their system in the water will flow in the
same direction that it's flowing today after they're done. >> Okay. >> Yeah. That's again, why am I saying that? Because looking at the map, everything flows in the was away from your property. I don't know which direction that is, but it flows south
away from your property. >> So, nothing they're not and I can understand cuz they did they did a little bit of that over here is they go in and they if the land's this way, then they make it flat so everything's flat. No, they're not changing the contour of
the property. If the rain falls tonight and it flows this way, once their solar panels are in, it's going to hit the same place and flow in the same direction. >> Okay? >> It's not going to flow towards your septic. >> Yeah, that's my biggest fear cuz that's a nightmare. >> The biggest issue that we need to worry
about is the trailer park is any more water going cuz that's where it's flowing. It's flowing towards the trailer park and that's why there are retention ponds and swailes that direct the water away from the uh trailer park towards the retention pond which are
slowly it's supposed to collect the water there. That's the biggest issue is more or less the trailer park and I'm not trying to diminish the the importance of your septic >> but your septic in my opinion your septic >> safe >> is safe. >> I think the septic is safe. I think both
your houses are safe. >> Oh my house is safe. Everything is for the boat, for you and your brother, I think, are fine. Um, they're still going to put a stockade fence back there. So, even if you were to walk back there, there is a stockade fence back there. So, even if you were
to walk all the way to your property line unless you get up on a bucket or a ladder, you're not going to see over that fence to see the solar field. >> Yeah, I'll see it because we have moved down. Again, I'm not exactly sure how far away your house is and if there's trees in the way that you can't see
over. I'm not exactly sure. >> A couple acres of trees at the back. The sight lines for both their home. >> Yeah. I mean, I'm not going to see them from my house, but on my land. >> In terms of the storm water, that's why
I requested that they provide the watershed maps for the runoff from those three areas. So you can see it and we can see it and we will >> make sure that the limit of clearing
Yeah. >> is very well defined. So there will be no filling in of that swale that's sitting there right now for for your property. >> Yeah. Because this is a very small space where that's hide that up and that's why
that is s sitting there that that that I understand. I think we understand too. We will we will certainly uh do everything possible to make sure that none of the abuing properties are affected by storm water.
>> The visual thing we can we can put a dent in that. Uh but we will never be able to eliminate any visual impact from that project at all. >> I mean even have the fence I mean the fence doesn't I couldn't care less about the fence because it's just going to
restrict the animals more. There's different things that they can do for small animals. >> Actually, it's poles left in the fence. >> Glad to cut you to cut you off, but it is part of the bylaw. >> Yeah, it is. Can I put the fence there? >> Well, the fence is going to go up, but it also calls to be elevated so the wildlife.
>> It's supposed to be like 6 in above the ground or something like that. So, the small animals the small animals don't go. Yeah. Turtles can walk under and keep going. >> I don't know. I'm like I know. We're like I mean I just had like I said we just had a bunch of hunters out there like six tents out there posted in my
backyard. >> So we had to deal with that today too. You know it's always >> the fence actually might help that situation. >> Yeah. You have to find the fence. >> I do have one other question. There is a stream that runs along the property line
and I can't see it on the map here. That's not drawn in but it looks like there's like a road right kind of where that stream is. a swale which there's water that moves through that every time it rains and it's not >> the inter the quote intermittent stream that goes uh through the trailer park
>> say intermittent but every time I go there it's wet so >> that's it it's just basically it's a runs along here >> we totally understand you >> but >> but if there >> I want to make sure it's not in >> if there is water that's going down
there now it will continue to go down there with or without the >> our job is to make sure that there's no increase. >> And again, now we're stepping into conservation. Conservation is the one that looks at
that those streams. Conservation is the one that looks even at the retention ponds and all that. That's storm water that goes with conservation. I mean, we have our input as well. Uh but now that's that's conservation. >> Yes. I look at this map and this I'm assuming is a road around the place. It
looks like it's awfully close to the property line and that's where that swale is that that intermittent stream is. >> Again, we will make sure that doesn't get filled in. >> We will make sure that there is a specific limit of clearing that prevents
any swale filling or anything that will further dam up the water and create a situation where it's going onto property that it didn't go on before. that that we can do and that we will do.
>> It's just unfortunate on the map so you can see the that the watershed map will show where all the all areas of that solar array that where it drains
and we have again as Mark said we have our own consultant that's looking at their calculations. They have an engineer that's got their calculations to I've given them a little uh insight as to
what happened on previous projects and and they will hopefully have some way to address that both with conservation because they're the storm water permit granting authority uh and what's going to happen on this project. But it is the
storm water issue is primarily a conservation uh matter. Not not our primary matter. >> Anything else? Good. >> No, I think we're good. >> Good. >> Um, anybody else out in Zoomland that wants to say anything?
Uh, gentlemen, would you like to Anybody else have anything they'd like to bring up or discuss? I >> back just back to this basins and if I'm looking at this right the spillway shown on the east property line over here if you would is basically looks like it
it's the emergency spillway is going to be spilling onto the neighbor's property. Secondly, um after what we've seen in the past, um you know, something like this should have I think it should have an extra high burm above at that
point, you know, and it's spillway needs to go to me. It's got to go back on the property if I'm if I'm looking at this correctly. >> Which one which field is that? Is that the center field? >> No, that's the far field. >> Farfield. >> That Yep. This basin uh six
>> and we got basin. We got they didn't get the basin on the back over here. Basin five. It looks like the spillways are heading on if I'm Am I correct what I'm seeing? >> Wherever those plans show I mean they've been obviously completely reviewed by JF and approved. I I'm sure. But when again
back to all this other been happening when you've got an emergency spillway okay which happened in the past basically that's all I'm trying to do is protect >> Yep. again other people's property and these what look at these what we got going on here these spillways are
basically right they're heading they're facing the property line >> and I think you know we can we can speak to that in more detail but I think that's specific to our our ability to allow water to continue moving where it moves as long as it's treated and not at a rate greater than what it is
>> again what you you know as well is wetlands there already >> but but if it's going on to other people's property it's supposed to it's not supposed to be leaving a property if I mean >> it it can leave it but only to the degree that it presently >> exactly right but what I'm saying he's
going to spill you creating a basin and then spillway is going back on it that's that's the thing I that's what I'm questioning right >> now those those basins uh are basically designed to capture the water that the gravel road creates
the only reason why the basins are there because everything else is pvious water goes through the grass area it's all grass Basins are only designed to pick up what the runoff off of the >> the extra the extra runoff >> off the road
>> created from this project. Yeah. >> Not the extra runoff from the project if I'm not mistaken. It's the runoff of the road. There's a gravel road being put in which is an imperous uh area where it's as just like asphalt basically. And
these ponds are designed to pick up what these roads are shedding. That's what these are are designed. These ponds are designed to do cuz technically the grass underneath is absorbing the water today as it will once the solar panels go in. >> It's the road that's absorbing the water
today that will not be absorbing the water once the road is designed. These ponds are designed to capture the water off the road runoff. That's what these ponds are designed to do. Now, if the water already flows in that
general direction, not 100% sure, but you can have the overflow flowing in the exact same direction that it flows today. >> However, this is the area where it's going to be cut in which is going to segue into uh the caliber size of trees
that was that's in our bolar as well. I will I will take that information and uh we have a new conservation agent. Uh I will discuss with the conservation commission
the status if those ponds were to overflow. Is it okay that that water flows off their property? >> I I would request that when you when you have your meeting or when you set it up, let me know. I would like to be at the meeting to with the with the
conservation commission agent. >> Sure. Yeah. >> Just to add some local knowledge. That's all. >> Not to tell them what to do. >> Local knowledge is all fine and dandy, but the law is the law. So if the law says that they can overflow on and the
water can continue onto the ex the neighbor's property, then the law is the law. I just want to find out what the code says on the retention pond overflow. Can it overflow? If that bond overflows, can it overflow on somebody
else's property? That's my make my biggest question right now. >> Understand? >> Understood. >> Any other questions? >> Other than the caliber size of the tree that's inside of the uh uh inside the bylaw
12 in 12 in or greater caliber tree. you know, they were supposed to be replanted someplace. Um, you know, and I don't know if any of this stuff had a lot of stuff been cleared already. We also had a big pile of trees that were stacked up and went by where he was uh kind of
prepping things if you would. And he was asked to uh stuff he was doing for a little while. U but by law did have a uh there's a clause in there trees that were uh of 12 in a caliber needed to be um transplanted or
whatever you want to call it, someplace else in town, you know, replaced or someplace else on the property. >> Okay. >> Um I don't know how we how that gets addressed. So, um yeah.
Is there a way that uh we can get a visual count on whether it's been cut already and the stump's still there or any trees? I I mean, we went out there. I know that that's basically a lot of young trees because
that was a field years ago and I know the trees are relatively young. I don't know if there's anything out there that's, you know, 12 in or bigger. Uh, but is there a way that you can go out there and give us a count of what you have for trees? >> You do whatever you guys ask.
>> Okay, I would appreciate that. >> And, you know, for what's there and what's going to be and what's going to be cut. So, just to say that it's all, you know, it's >> okay. So, we've discussed a lot of things and just so we all have
our ducks in a row. Um, let's start from where we just left off. If you could get us uh one, I'm curious on the abutters. Go ahead and do that survey that you want to do regarding the the abutters on the solar panels.
>> So, I the the the position I'm in is I don't want to offer anything that the board's against. And so, I wanted to bring that up and ask you guys tonight. I feel like I got a resounding no. And then as we talked, I feel like Mr. Ellis was open to it. And now you like it's it's a tough it's a chicken or egg type
situation and this project's gone on a long time, we're ready to close and start preparing for our construction in the spring. Um so if if it's the board's firm decision that you guys don't want any more any more discussion of the
panels in the setback area, I don't agree, but I have to um because it's time for us to move. Okay. >> I'm, you know, >> what are your thoughts on the panels in this in the buffer zone?
>> I want to take I want to go out there with the plan and see where those pink panels are going to be. >> Okay. >> You know, that's my and I would actually I would encourage the the members of the board to uh to do the same thing. >> We did take a quick walk. Peter uh uh
not Peter Scott, Brian and uh Steve and myself did take a walk out there site visit. Uh >> we did not walk to the opposite side on those two. Um so um I I do know what's out there. Uh
you weren't there. So if you want to take a walk, you're more than welcome. Um uh I in my opinion, you're not going to see anything. You're going to walk to the edge of the field and you're going to see a wall of trees, which is their
property line, >> and that's all you're going to see. Uh whether or not the solar panels start here or they start here is what we need to determine. But when you go out there
and you walk here or here or here, you're going to see the same wall of trees. You're not going to see anybody's house. You're not going to see anybody's anything. You're going to see a big wall of trees. >> You're more than welcome to go out there and do that. Um
I can't speak for everybody else. Uh I can speak for myself. In my opinion, I am pretty set on 100 foot 150 ft setbacks. Uh just because uh if we start making again uh it's that
big whole precedence thing in my opinion. Um, if I start making uh exceptions, and again, I'm just a a single vote. I'm not speaking for for everybody on the board. Uh, but if we start making exceptions for you and we start letting you go and ask neighbors
if they're okay with it, well, that neighbor might be, but then they sell their house next week and then the new people aren't. So, to me, I was curious to see how many people thought differently. I actually thought this room would be full of people today, which I'm quite surprised they're not.
uh not one person from this from the from the park is here advocating for themselves or advocating for their line of sight or advocating for anything which I'm quite surprised about. But with that being said, they have their right to do what they want to do. Um as
far as I'm concerned, I do not if you had uh if you came to me and you couldn't you you couldn't you were asking for soul field in that buffer for a particular
important reason except for just wanting more electricity, then I'd kind of say, "Oh, maybe." But you basically just want more electricity, which is understandable. You know, the world revolves around money. I understand that. Uh but if I give you the waiver to
come outside, and again, I'll I'll be brutally honest with you. I'll be brutally honest with you. If you had 150 ft on this side and you were good, you had 150 ft on this side and you were good and you came to me and said, "Hey, we can only get 140 on this side because we're trying to get another row." Well, I' I'd really consider maybe giving you
that 10 ft. I'm being brutally honest on TV. But with you coming to me saying, "I need, you know, I only got 70 ft over here because, you know, we need more panels. I only have, you know, 60 ft over here." And you're asking for, you
know, 90 foot waiver. And same on this side. I can't do that. I personally I can't vote for that. >> Thank you. Every time I'm in front of you guys from March all the way through now late November, you guys have said the exact same thing. And every time I
go home, I feel like I can get you guys to change your mind. >> But as I said at the opening, I'm done. I don't want to ask anymore. We're okay to remove the panels. So I'm going to I am in the exact same position as the chairman. >> Thank you.
>> I am too. >> All right. Well, a bad president if we we we do that. >> So you gave it a good try. >> Gave it a lot of good shots. >> Yeah, you did. >> All right. Those pink panels are gone then. >> Okay. >> Ryan, where are you at? I didn't.
>> No, he's the same. I I >> So, with those pink panels gone, with technical review done by GAF, >> that's where we had reached out to Victoria to ask to to close the meeting and simply issue the approval with the
condition that we remove those panels and update the plans. And that's the place that we're in that we'd like to request. >> And and I think you're you're you're you're right at that finish line. You really are. Yeah. But I and I've been behind that voting where you're where
you are and I know how it feels to want it to just be done so you can be done. Um there's just a couple of even though they're minute, there's still a couple of questions that this board needs answered. Um Rick brought up a few
concerns that he still has uh which I can't ignore. Rick wants to go out and take a walk. I I feel he should. Uh and uh on my left, these two gentlemen have an issue with the spillway uh going over onto other properties. These are
questions that at the moment I do not have the answers to. Uh I think they're relatively easy answers to get and to be honest with you, I don't think they're going to actually I mean unless I'm totally totally wrong, I don't think it's going to obstruct you very long. We are going
to have to continue this at least till the next meeting to get the answers that the board is still looking for as minute as they may be. >> Thank you. >> And board help me. you are looking for
>> I I would I would look to you and this the conservation commission uh especially the conservation commission at this point to give me some reassurance that those ponds aren't going to be filled up uh before the rain
comes in the spring and and channel the water in any way, shape or form differently than it's going right now. I mean, that's a that's probably the simplest way to put it. >> Any issues? Are you good? >> I'm all good.
>> Besides the spillways, any issues? >> No. >> Okay. I I like the last page that you showed with the distance from our neighbors, tree line, height, distance. That was a great uh visual to actually
see. So, I appreciate that. Um, and I I like the screening in the front and I like the stockade fence all the way around, which should alleviate the um the mobile park view, which I think I'm more concerned about than they are since
they're not here. Uh, so we're going to continue this until December 4th, which is our next meeting. we'll get some answers that we're looking for on mostly the conservation
side of things. Uh, and then I I I don't see why we can't have an answer for you now. >> All right. Well, I think Mr. Ellis getting to the site, you don't need me there. The conversations with Conscom on the spillway and storm water and even GAF, you don't need me on. Nope.
>> So, I think the only thing I'm going to do is come in with a set with no pink panels on them and that'll be handed off to Victoria. um for the next meeting. >> There you go. >> I appreciate you guys and I appreciate your your cooperation
number trees. >> We do trees. >> I would make >> Yes. Sorry. Sorry. >> Yes. I forgot about that. >> Got it. >> Thank you. >> I saw him write notes, but I didn't know if they wrote that one. So, no. >> Yeah. Thank you. >> I would make a motion that we continue
this public hearing to December 4th. We have a motion and second that. All in favor? I >> Thank you, gentlemen. >> Thank you, Mr. Speaker. >> Thank you, guys. >> All right, moving along. Uh,
discussions. Uh minor modification of approved site plan of the accishnet/ new line map 17 lot 22B3 applicant owner Whites Farm Inc.
Representative Matthew Connors/Weston Samson. Scope of the work is proposed modification of a 4.9 megawatt so solar photovate development also known as Park Drive solar. Uh this proponent has asked
to continue so they will continue to the December 4th meeting. Uh, with that being said, I'm actually going to backtrack up to the minutes. Um,
gentlemen, you were all sent an email for the minutes of the October 2nd meeting. We were all in attendance. Has anybody had a chance to take a look? Um, any questions, comments, concerns?
I'll start with I make a motion to accept the minutes from October 2nd. >> We have a motion. I'll second it. >> All in favor? >> I. >> Thank you very much. And then we also have a set uh for 6th.
>> November 6th. That was October 2nd. This is November 6th. Steve, you were the only one not in attendance. Uh the rest of you gentlemen, anybody have any questions, comments, concerns? I'm all done with that one. Thank you. Make a motion. >> I'll make a motion that we accept the
minutes uh as written for the October Nope. >> I'm sorry, November 6th meeting. >> Thank you very much. Second. >> Second. All in favor? >> I thank you. >> Uh done. Done. Done. Uh we will continue
the discussion of the business village district also on our uh December 4th meeting. Uh, nothing new has arrived in the last 48 hours. Gentlemen, do you have anything you need to add or discuss? >> All set.
>> Our next meeting is Thursday, December 4th. It is 7:15. Can I get a motion? >> Make a motion to close it. Can I second? >> All in favor? I >> Thank you. Good night. Hey,
hey, hey.