HomeMy Public PortalAboutPlanning Board -- 2021-01-13 Minutes asws Brewster Planning Board Approved : 02-24-21
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MEETING MINUTES
Wednesday, January 13 , 2021 at 7 : 00 pm
Brewster Town Office Building (virtual )
Chair Paul Wallace convened a remote meeting of the Planning Board at 7 : 03 pm with the following members participating
remotely : Roberta Barrett, Amanda Bebrin , Charlotte Degen , Madalyn Hillis- Dineen , Kari Hoffmann , and Elizabeth Taylor.
Also participating remotely : Ryan Bennett, Town Planner and Lynn St. Cyr, Senior Department Assistant .
The Chair read the Notification : This meeting will be conducted by remote participation pursuant to Governor Baker's
March 2020 orders suspending certain Open Meeting Law provisions and imposing limits on public gatherings. No in-person
meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will
be provided on the Town website as soon as possible. The Town has established specific email addresses for each board
and committee so the public can submit comments either before or during the meeting. To submit public comment or
questions to the Planning Board, please email: planningboardmeetina(obrewster-ma. goya
Members of the public were also invited to join the webinar and to view the:
• Live broadcast: Tune to Brewster Government TV Channel 18
. Livestream: Go to www livestream. brewster-ma . gov
• Audio/video recording: Go to www. tv. brewster-ma. gov
. Planning Board Packet: Go to: httg: //records brewster-ma clov/weblink/0/fol/ 118269/Row1 . aspx
Wallace announced all that seven members of the Board were present and declared a quorum .
7 : 06 PM PUBLIC HEARING
Special Permit and Site Plan Review Application #2021 =01 : Applicant : Distributed Solar Development, LLC . Owner:
Town of Brewster . Representative : Joshua Burdett of Tetra Tech , Inc . for property located at 1000 Freemans Way
( Captains Golf Course) and shown on Assessor' s Map 119 , Lot 1 -F in the Residential Rural ( R- R) zoning district. The
Applicant proposes to develop an approximate 1113 kW AC solar energy generating canopy facility in the northern
parking lot of the Captains Golf Course pursuant to § 179-56D ( 1 ) (c) , § 179-64 , and § 179-75 . 5 of the Brewster zoning
bylaw.
Documents .
• 08/ 11 /20 Memorandum from Water Quality Review Committee
• 12/02/20 Planning Board Application and attachments
• 01 /06/21 Letter from Mark Nelson of Horsley Witten
• 01 / 11 /21 Email from John Kissida
01 /12/21 Letter from Josh Burdett of Tetra Tech
• 01 / 13/21 Updated Department Review Comments
• 01 / 13/21 Letter from Jayanne Sci
01 / 13/21 Email from Chris Powicki
Video Animations shown during the meeting can be found on the Town of Brewster website in the Channel 18
Planning Board meetings section
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Joshua Burdett, Jason Hellendrung , Kayla Gagnon , and John Scaramuzzo of Tetra Tech , Inc . participated remotely on
behalf of the Applicant Distributed Solar Development , LLC ( DSD) . Jenny Nicolas , Nichole Coultier, Tim Magner, Alex I
Norman , and Eric Lorenz of DSD also participated remotely .
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The following individuals also participated remotely : Peter Lombardi , Town Administrator, Donna Kalinick , Assistant Town
Administrator, Jay Packett , Director of Operations , Captains Golf Course , Anne O' Connell , Golf Commission , Jeff Odell ,
Golf Commission , Chuck Hanson , Energy Committee , Colin Odell , Energy Committee , Liz Argo , Executive Director,
CVEC , and Mark Nelson , Horsley Witten .
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Motion by Hoffmann to Open Public Hearing on Special Permit and Site Plan Review Application #2021 -01 .
Second by Taylor. Vote : Degen -aye , Hoffmann -aye , Barrett-aye , Bebrin -aye , Hillis -Dineen -aye , Taylor-aye , and
Wallace -aye . Vote : 7 -0 -0 .
Nicolas provided background information on DSD and stated that DSD is a solar and energy developer offering services
from design through to commercial operation . Nicolas stated that DSD will be owning and operating the project and it is
important to DSD that the people living within the proximity of the project are happy with the results . Nicolas stated that
DSD understands that the golf course is a valued part of the community . Nicolas noted that DSD has experience in
Massachusetts and has deployed over 12 MWs of solar around Massachusetts . Specifically , DSD has worked with Cape
Vineyard & Electric Cooperative ( CVEC ) on solar and storage projects in Marion , Sandwich , Harwich , Orleans , and
Mashpee with projects in varying stages of development including three currently in construction .
Burdett provided a project overview noting that the previous application was withdrawn without prejudice and the
Applicant has returned with this application and a third party review of the project has taken place . The project includes a
11613 kW AC T-structure canopy system with 1 , 113 kW AC solar system and 500 kW AC energy storage system . The
system will cover 63 , 187 SF and 100 % of the power is planned to be distributed to the local electric grid . There is a 20 +
year life span for the system . Burdett referred the Board to page A100 of the plans submitted showing the six proposed
canopies . He noted that a re-design was made in the Fall that allows for easy access to drive aisles and natural light.
Burdett pointed out the equipment pad to the north which is surrounded by a 7 ' wooden fence and houses the transformer
and battery storage system . Three new utility poles are being proposed to the north of the equipment pad which will tie
into the grid along Freeman ' s Way . Burdett reviewed the canopy structure and stated that gutters are proposed for the
canopies primarily for the purpose of ice and snow melt control but the gutters will catch rainwater and direct it to the
infiltration trench . Burdett reviewed project components and provided additional details on the panels , racking system ,
inverters , transformer, battery , wooden fence , infiltration trenches , stone walkways (6 ) , and landscaping improvements
(23 trees and 52 shrubs) . Burdett stated that the project is located in a residential rural zoning district and has been
reviewed by the Water Quality Review Committee as well as a third party review by Horsley Witten . The new application
addresses several comments provided by the Town , a stormwater management plan , engineering drawings and visual
animations .
Burdett showed video animations of the project. Burdett noted that the canopies are painted a light beige in the
animations but the color is to be determined by the Town . The animations were created to depict the project in the month
of September.
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Hoffmann read the department review comments updated as of January 13 , 2021 into the record . Wallace announced
that John Kissida had submitted an email and thanked Kissida for all his work on this project. Hoffmann read a letter from
Joshua Burdett of Tetra Tech dated January 12 , 2021 into the record .
Taylor asked the Applicant if equipment sitting on the surface had raised edges to contain any potential spills as that was
something usually seen on properties located within Zone ll . Burdett responded that the battery system was in a pod
designed to contain its own release , if any . Burdett stated that there is no bib proposed for around the equipment as there
could be operations and maintenance issues such as rainwater pooling with one in place . Burdett stated that he has not
worked with a design that included a bib or raised edges around the equipment. Taylor asked if there could be potential
hazardous issues with the battery itself. Nelson commented that the secondary containment unit for the battery is 4
appropriate and a lip around the equipment could potentially complicate the project with runoff. Nelson stated that having
material data sheets on the battery components would be helpful . Hoffmann suggested that a release response be
included in the mandatory training with the Fire Department. Nicolas stated that training on a hazardous release would be
included in training with the Fire Department. Argo stated that the containment units have been reviewed by several fire
safety officials and deemed appropriate . The Board discussed whether additional review was needed by the Fire
Department. Argo stated that DSD has worked with the Fire Chief and provided additional information at his request .
Hoffmann asked that the Fire Department be provided , through the proposed training , the emergency response plan .
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Lorenz provided further information on the safety testing of the battery and its components .
The Board reviewed stormwater management items from the Tetra Tech letter. Hoffmann noted that Kissida had provided
comment on the size and the type of the stones being used in the infiltration ditches and read that comment from Kissida' s
email dated January 11 , 2021 into the record . Nelson commented that he was in agreement with Kissida that a heavier
stone would be better so they do not washed out of the infiltration ditches .
The Board discussed the two catch basins on site . Nelson requested that silt sacks be used with both the northern basin
and western basin and the Applicant agreed .
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Hoffmann read a letter into the record from Jayanne Sci dated January 13 , 2021 .
Lombardi responded to a comment from Sci ' s letter suggesting the driving range be moved over to the golf course parking
lot and all solar panels be moved to the driving range indicating that the option was reviewed and determined not to be
feasible due to the number of people/vehicles on site at any given time . Argo commented that that was not the project
proposed by the Town to CVEC and that they were moving forward with the current project . She commented about the
need to move forward with the current project as tax credits and state incentives would be decreasing and or expiring .
Hanson also commented that the width of the parking lot would not allow for the driving range to be moved over. Hanson
further stated that the Golf Commission looked at moving the driving range over to the golf course and determined it was
not feasible .
Hoffmann read an email from Chris Powicki dated January 13 , 2021 into the record .
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Hoffmann asked if the Operations and Maintenance Plan needed to address decommissioning . Lombardi responded that
the Lease Agreement includes a section on decommissioning including assurance to be provided by the developer.
Hoffmann read an email from John Kissida dated January 11 , 2021 into the record .
Degen asked if a maintenance plan for the stormwater management plan has been provided . Gagnon referred the Board
to Appendix H of the stormwater management plan . Gagnon stated that the plan insures the long term maintenance and
inspection of trenches , parking surfaces , site access drives , vegetated areas , and catch basins . Solar canopy cleaning on
an as needed basis is also included .
Hoffmann asked if anyone from the Golf Course or Golf Commission had comments to offer on the timing of the project.
Lombardi responded that he has consulted with the developer, Golf Department, and Golf Commission and that, if
approved , construction would start in the Fall after Columbus Day with consideration being given to the impact on golf
operations . Packett stated that if the project starts on the western side of the parking lot and moves its way east it will
mitigate the obstruction to parking during the busiest times .
Degen asked if the lighting being used meets the safe lighting standards for self- park parking areas as referenced in
Kissida' s email . Norman confirmed that the lighting does meet the recommended standards . Burdett directed the Board
to the photometric plan at sheet A103 . Hoffmann asked if the lighting will be included in the maintenance plan . Norman
stated that the Applicant typically pays for lighting upgrades but maintenance is usually the responsibility of the facility .
Jeff Odell commented that there was not much lighting included in the project . Hoffmann expressed concern that the
Town would be responsible for maintaining lighting on a structure that was not Town owned .
Norman confirmed that the support posts referenced in Kissida' s email will be protected by raised footings .
Nelson responded to a concern raised in Kissida ' s email regarding the survival of lawn underneath the canopies and
stated that he does not see this as a big deal and expects that the area to the north in particular will get rain . He also
stated that the maintenance plan included vegetated areas .
Hellendrung responded to a comment raised in Kissida's email regarding the types and size of plantings being used .
Hellendrung stated that the proposed landscaping plan considered use of native plants when possible and layering for i
screening purposes so not all plantings are the same height. Regarding the height of the trees , Hellendrung stated they
initially proposed planting at 6 ' to 8 ' and increased to 8 ' to 10' after discussions with Kissida . He does not support
increasing to10 ' to 12 ' as suggested by Kissida as the plan is to re-acclimate the trees and the larger the tree the longer it
will sit dormant. Hellendrung stated that juniper trees were chosen over Leland cypress due to their width . Leland cypress
typically have a width of about 10' whereas junipers can grow to 20 ' wide and provide more screening . All trees in the
parking lot have been changed to Leland cypress and junipers have been added to the drive aisle . Taylor asked if the
video animation could be shown again so they could review the trees . In particular, she asked about the cypress trees
shown . Hellendrung stated that the referenced tree is a Leland cypress . Taylor suggested bare spots be filled in with
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shrubs and asked Hellendrung if they intended to trim up the skirts on the trees . Hellendrung responded that that was not
the intention . Hellendrung responded to additional concerns raised by Kissida regarding the shrubs . Shrubs were
removed and replaced at Kissida' s request and have been moved back from the drive aisle as suggested . Wallace
suggested a condition that plantings that do not survive be replaced after one growing season . Norman responded to a
comment made by Hoffmann and stated that the developer would seek approval before trimming or cutting down trees
that may interfere with the solar canopies .
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Bebrin stated that she appreciated the complete application and having the stormwater report. She stated that although
paint color for the canopies would be determined at a later time , the color shown in the animations was a good choice .
Barrett stated that she believes the Applicant has done a great job of providing responses and she appreciated the
thorough peer review completed as well . Barrett asked what an 1100 kW project would equate to for servicing the electric
needs of the community . Argo responded that the project will be a simple annual rent payment to the town .
Hillis-Dineen complimented the Applicant on an excellent re-submission and answering all the Board ' s questions . She
also appreciated the video animation the Applicant provided .
Taylor asked about the paint color and Wallace stated that the decision should be left to the Town and Golf Commission .
Degen echoed the compliments provided by other Board members as to the quality and completeness of the re-
submission . Degen noted that the Maintenance & Operations Plan speaks to the use and storage of herbicides and
asked the Applicant to remove that language from the plan . Wallace suggested a condition would be added to the
decision . Degen confirmed with staff that the Fire Department was provided with the re-submission application for review
and comment.
Hoffmann stated that the re -submission is very complete and she appreciates the Applicant' s response to stormwater and
peer review, the animations , and the review to address the character and the fit to landscaping .
Wallace stated that the project has come a long way since the first application and he' s excited to see it go up .
Taylor asked about the planned maintenance chart at the end of the packet as it only lists grass for vegetated
maintenance . Hoffmann asked if plant and tree maintenance could be included as a condition . There was further
discussion by the Board as to who would be responsible for maintenance of trees and shrubs . Norman responded that
the Applicant typically handles trimming of trees that come into contact with the panels and replacement of those that do
not survive one growing season but does not typically provide maintenance beyond that.
Bennett provided the list of findings and conditions for the decision including the secondary containment within the battery
is appropriate to mitigate any hazardous leak incident, both retention ponds at the north and the west will be protected
with filter socks during construction , the Town will confirm whether the catch basins are deep sump hooded designs and
revised calculations will be provided if necessary , the paint color will be determined in consultation with the Golf
Commission at a later date , landscaping that dies within one year shall be replaced , any landscape maintenance that
interferes with the operation of the canopy will be the responsibility of the Applicant, sight line pruning will occur per the
Town , the parking lot circulation shall comply with the swept path analysis per the Fire Department' s Chapter 18 Code of j
Regulations , the Applicant will coordinate with the Fire Department on training opportunities prior to going live with the
array , and any reference to the storage or use of herbicides in the maintenance plan will be stricken . Hoffmann
suggested the conditions include the comments provided by the WQRC . Bennett stated that those comments along with
the peer review and the Applicant' s response to peer review will be included .
Degen asked the Applicant to discuss any noise that would be coming from the panels . Lorenz stated that there will be a
humming noise from the transformer which can be heard while standing beside it. Argo also stated that there would be a
low hum from the inverters and fans used with the inverters . There are ways to muffle the noise if necessary but typically
it can only be heard if you are within a few hundred feet. Burdett stated the battery system is 82 . 5 decibels at 1 meter and
noted that conversation is at 60 decibels . Nicolas stated that the transformer registers 60 decibels at 1 mile and the
inverter is less than 70 decibels at 1 mile .
Hoffmann asked about parking lot striping and Lombardi stated that the DPW would restripe the lot after all the panels are
installed .
Motion by Degen to Close the Public Hearing on Special Permit and Site Plan Review Application #2021 -01 .
Second by Taylor. Vote : Degen -aye, Hoffmann -aye , Barrett-aye , Bebrin -aye , Hillis -Dineen -aye , Taylor-aye , and
Wallace-aye . Vote : 7 -0 -0 .
There was discussion as to whether the Board would direct staff to direct a decision for review at their next meeting or I
whether the decision would be drafted for the Chair' s signature . Taylor stated that she would prefer to have the draft
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decision to review . Wallace , Bebrin , and Barrett stated that they were comfortable with staff drafting the decision for the
Chair' s signature .
Lombardi reviewed the timeline of the project and asked the Board to consider cost impacts as a result of the Board ' s
review and the additional impact of continuing the application .
Wallace and Barrett stated that they were comfortable with staff drafting the decision for the Chair' s signature . Degen
stated that she was as well and suggested a second reading of the findings and conditions . Bennett read the proposed
findings and conditions for a second time and included the consultation with the tree warden before cutting of trees , DPW
restriping the parking lot , and all lights shall be downward casting .
Motion by Hoffmann to Approve Special Permit and Site Plan Review Application #2021 -01 with Findings and
Conditions , as discussed and Direct Staff to Draft a Decision for Review and Signature by the Chair. Second by
Taylor. Vote : Degen -aye , Hoffmann -aye , Barrett-aye , Bebrin -aye , Hlllis -Dineen -aye , Taylor-aye , and .Wallace-aye .
Vote : 7 -0 -0 .
9 : 31 PM PLANNING DISCUSSION
Approval of Meetinq Minutes : October 28 , 2020
The Board reviewed the October 28 , 2020 meeting minutes . Motion by Degen to Approve October 28 , 2020 Meeting
Minutes , as amended . Second by Hoffmann . Vote : Taylor-aye , Hillis -Dineen -aye , Bebrin -aye , Barrett-aye ,
Hoffmann -aye , Degen -aye , and Wallace -aye . Vote : 7 -0 -0 .
9 : 34 PM FOR YOUR INFORMATION
Bennett stated that there are no applications scheduled for the next two meetings but the Board will need to begin work on
the stormwater bylaw and a mandatory amendment to the floodplain bylaw per FEMA.
9 : 35 PM MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR
Taylor mentioned that there are two positions up for election to the Planning Board and papers need to be pulled and
signatures gathered .
Hoffmann stated that the Vision Planning Committee has started to meet twice a month and is working with a consultant
to get the Local Comprehensive Plan started . The committee will start to reach out to stakeholders for feedback soon and
will be presenting to the Select Board soon .
Motion by Bebrin to adjourn . Second by Degen . Vote : Taylor-aye , Bebrin -aye, Degen -aye , Barrett-aye ,
Hoffmann -aye , Hillis -Dineen -aye , and Wallace -aye . Vote : 7 -0 -0 . Meeting adjourned at 9 : 41 pm .
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Next Planning Board Meeting Date . 01 /27/21
Respectfully submitted ,
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Lyn "Senior t Assistant , Planning
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