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HomeMy Public PortalAboutPlanning Board -- 2013-07-24 Minutes Brewster Planning Board a 114°'nau 2198 Main Street pt . *' 'x•4;;9 Brewster,Massachusetts 02631-1898 a !� � ; (508)896-3701 ext.1233 x •;; . FAX(508)896-8089 niiiniun m unu�o '13 SEP13 11:43Am Approved:8-28-131 l Vote 5-0 1� TOWN OF BREWSTER PLANNING BOARD Regular MEETING MINUTES BREWSTER TOWN CLERK Wednesday July 24, 2013 at 6:3o pm Brewster Town Office Building Chairman William Hoag convened the Planning Board meeting at 6:30 pm in the Brewster Town Office Building with members:Scott Collum,Jason Klump, Rick Judd,John McMullen,John Leaning, and Elizabeth Taylor present. Other attendees:Sue Leven, Comprehensive Water Planning Committee (Dave Bennett, Dan Ryan, Lem Skidmore, Bruce Evans, Russell Schell, Paula Miller), Selectman - Pat Hughes, Building Commissioner-Victor Staley,Town Administrator- Charlie Sumner, Mark Nelson (Horsley Witten Group consultant),Jennifer Harney, Meredith Baier,Jim O'Leary(Finance Committee) Documents:072413_A CWPC Overview Memo,072413_B Email re: Brewster Pizza (photos in file),072413_C Broadway Electrical PowerPoint Presentation,072413_D,072413_E Letter from Chris Powicki to the Board,072413_E Department Review Summary for Broadway Electrical Company,072413_F Letter requesting a continuance from Schofield Brothers. 072413_G HWG PowerPoint presentation Hoag read the Recording or Taping Notification: "As required by the Open Meeting Law we are informing you that the Town will be audio and video taping this public meeting. In addition,if anyone else intends to audio or video tape this meeting he or she is required to inform the chair." 6:30 pm'Public Discussion 1)Brief update from Brewster Pizza Jen Harney from Brewster Pizza was present and distributed photos of the fence and new trees. The Board reviewed the photos. Baier expressed concern about the trees being properly planted. Harney will discuss further with Baier.She will follow up with the landscaper and Julie Manchester. L ing eansuggested asking someone from Agway to come and look at the plantings. Harney will ask another landscaper to look at the trees. Leaning stressed how important it is to water the trees. Brewster Pizza will come to the 8-14-13 meeting. 2)Comprehensive Water Planning Committee(CWPC)Introduction and Overview Lem Skidmore and Mark Nelson presented to the Board.The committee members except for John O'Reilly were present. Skidmore explained that the committee was organized four years ago.Their goals and objectives are water quality management.The committee is not regulatory or an enforcement body.They make recommendations for further action and their recommendations will affect by-laws.The committee is working on a plan (Integrated Water Resources Management Plan). Phase I was current conditions, Phase II designate areas of concern and in Phase III alternatives to be proposed and analyzed by the consultant HWG. Mark Nelson presented to the Board. He reviewed a PowerPoint presentation. Slide highlights included the following: Page 1 of 8 PS Minutes 7-24-13.docx MOM • All water resources are interconnected therefore an integrated plan • Components of the IWRMP Managing nitrogen loads to coastal embayments Improving storm water management Protecting public and private drinking water supplies Protecting and restoring fresh water ponds He referenced the memo sent to Sue Leven. In the future can have a more detailed discussion. • Storm water Management Storm water code review Retrofit assessment of 19 potential sites Selection of three possible sites for more detailed design of storm water systems: 1)Town Hall rain garden behind rear parking lot 2) Breakwater Landing, proposed bioretention system in corner of parking lot 3)Walker's Pond landing, proposed porous pavement; stepped conveyance system • Storm water Regulatory Recommendations Storm water Management by-law Reduce confusion from overlapping and potentially conflicting regulations Create a single set of standards.... • Amendments to zoning and subdivision regulations to Reduce impervious cover Encourage low impact design • Encouraging bioretention rain gardens and planters • Phase III implementing storm water recommendations—detailed in memo Four deliverables 1. Storm water management by-law 2.Storm water management regulations 3.Amendments to the zoning by-laws 4.Amendments to the subdivision rules and regulations Nelson stated he would like to have a longer discussion. He has questions about jurisdiction. He suggested different boards in town join the discussion. He is looking for input and opinions over the next six months for a proposal to Town Meeting. Board comments:Q&A with Mark Nelson, HWG McMullen asked about other towns' involvement with Pleasant Bay. Nelson-Chatham has a plan, Harwich has plan that is moving ahead,Orleans has not received approval, like Yarmouth. In addition,there is a 208 county plan being worked on. Leven noted the Pleasant Bay Alliance, water quality efforts. Leaning asked about consideration of small efforts,gardens/curb cuts/small demo areas so people can get an idea of what it is Nelson—There are opportunities for a variety of demos and a grant from the State. Rain garden behind town hall, educational effort and volunteers, people at home can do many things too. (Septics, lawns, storm water) Skidmore—The CWPC participated at the Brewster Conservation Day and held public meetings.There is a Brewster Conservation Trust annual meeting 8-1-13 where a community meeting will be held to present the status of the project. He stated that education and outreach is important. Hoag asked why they picked storm water first. Nelson—It weaves in between water resource issues.Storm water affects fresh water ponds and coastal waters. Hoag noted that private roads contribute water flow to the beach. He expressed concern about dealing with storm water runoff on private roads. Majority of roads in town are private. Page 2 of 8 PB Minutes 7-24-13.docx Nelson—He would like to work with the Board on issues. Leanin explained that it all affects us one way or another. He would like to understand why they are looking at developable areas. He noted a lot of areas produce run off. Taylor announced the Brewster Conservation Trust is having an annual meeting 8-1-13 at 7pm at the Brewster Ladies' Library.She stated it is critical for everyone to be invested. She wants people to get more involved in the solutions, especially things people can do themselves.She explained Brewster would not be doing massive sewers because they have purchased a lot of open space.They still have to deal with properties. (Septic systems, run off from driveway, fertilizer lawns, etc.) She added that tomorrow at 3pm the Cape Cod Commission is meeting to discuss fertilizer management. Taylor invited Nelson to come back and talk about the 208 plan. The Board thanked Nelson for his time. Taylor made a Motion to adjourn (CWPC), Evans Second,All Aye,Vote 7-0. Their meeting ended at 7:00 pm. i X7:00 Public Hearing . s , F � , .. . #2013-10 Applicant Broadway Electrical Company, 165 Commerce Park Road,Map 131,Lot 1 (Formerly Map 46 Lot 41)in the I(Industrial)Zoning District. The applicant is requesting a Site Plan Review special permit to construct a 3.6 MW ground-mounted, photovoltaic solar generating facility. Hoag read the legal advertisement. Present for Broadway Electrical Company: Charles McLaughlin,VP Cape and Vineyard Electric Cooperative (CVEC), Harwich resident,Assistant Town Attorney for Barnstable. Liz Argo, consultant for CVEC Dennis Daru—Broadway Electrical Company Danny Griffin—Broadway Electrical Company Jeff Wooden—Broadway Electrical Company McLaughlin provided a summary for the Board. He explained this is an "as of right use",Article 14 of the zoning by-law, MA General Law 40A,Section 3. It may not be prohibited, but reasonably regulated. McLaughlin asked the Board to note for the record that the Board approved permit#2011-18 as a solar installation at the landfill,with American Capital Energy,approved (November of 2011). He explained that Broadway Electrical is moving forward and noted there is time sensitivity. Municipalities are rushing to get their projects qualified for financial backing. McLaughlin explained this is a vital project for the Town and CVEC.This system combined with landfill project will exceed electricity loads.They estimate 235k a year for town of Brewster. 20 yr. life, $7M in benefit to Town. CVEC will distribute (3.1M)to region and they have buyers for excess energy. Board Comments:Q&A with Liz Argo and staff from Broadway Electrical Company Lea" ning asked if the slide represented an example of what is being proposed. (yes) Wooten reviewed managed development. (Site control,funding, off taker, understanding of grid connection, ability to maintain) They reviewed construction, site readiness, interconnection application to NSTAR, construction, installation issues, utility upgrades,soil conditions,tree removal, utility runs, reciosures and relays, access to site, weather. Page 3 of 8 PB Minutes 7-24-13.docx • Construction,clearing 18 acres, No NHESP concerns,CCC was consulted and will not need to review, no nutrient loading Leaning asked about the Wareham site. It was a cranberry bog and landfill area.The electric connections are buried. • A lot of trees will be cut down, (some smaller scrub pines and similar vegetation will be chipped) • Larger trees may be set aside for firewood for local consumption They reviewed construction, engineering and commissioning-storm water analysis and plan,shade analysis, (surveying,electrical and building permits—all coming) They reviewed construction and operation maintenance. 20 yr.contracts, systems can last 30 or 35 years. Ground mounted vs. roof mounted, benefit. Reviewed mounting racks and specs—they have discussed with Victor Staley. They reviewed the site via an aerial photo. Plans,topography, buffer by Freeman's Way, dirt access way off Freeman's Way and plans. Taylor asked about acreage, 5 acres in fence,clear 4.6. Griffin reviewed the clearing with the Board.They will try to minimize tree clearing as much as they can. Hoag asked about clearing, at what height(max)growth without having to clear. They reviewed the plan. Height of 50 ft. (Judd) Griffin explained the clearing process further. Leaning noted the further away from fence the less cutting necessary and there is a full buffer to the street. They reviewed the larger array. 13.6 acres inside fence, 19.1 outside the fence. Wooten reviewed the contours, sloping topography towards the south, more modules possible. He pointed out the access road. Judd asked about the location of three power stations. He referenced the plans. Wooten explained they are inverters. The line runs are kept to a minimum. Taylor asked about clearing trees. 13.6 and 5.37 outside. 19.1 total confirmed. Taylor asked if within the fence they plan to use seed. Wooten explained low growing seed and noted they would work with the consultant to determine. Taylor asked more questions about the seed,erosion control, and mowing. Wooten explained it is based on the site They do not want shading.There will be regular maintenance for access and service. Taylor expressed concern with clearing a lot of land.She noted open grass is good for rare species and was in favor of mowing once a year. They let it grow naturally and mow for maintenance. Argo noted that NHESP states it is good groundcover for rare species. McMullen asked about two sites. Argo explained the land was available; it is a large installation, and good pricing. McMullen asked if there would be any effect on the driving range. (No.) Leaning asked about the amount of electricity coming from the two arrays.Are there any problems with putting it underground? DaRu stated no problem.They discussed how wires are installed. McMullen asked about affected residences in the area Argo explained that no one would see it The nursing home has a conceivable view.They can see the top of the radio towers. Klump asked 290 watts per panel.Are they using space on North site more efficiently? 911 panels per acre. Less on south side?Angled on north and not south. Griffin addressed Klump's question and explained briefly the geometrical analysis. He noted they are trying to represent it as-is, but there will be adjustments.They are trying to represent a worst-case scenario with clearing. Argo continued with the presentation -Solar Operations and Maintenance,why it is important. She outlined the next steps. • Site plan approval • NStar Interconnection Services Agreement • Secure net metering ,4. Argo provided a background of CVEC. Page 4 of 8 PB Minutes 7-24-13.docx riwrr� • Landfill construction starting in fall, PB approved 2011; 1.2 MW • Commerce Park, MW 3.6=$6M or so • Reviewed benefits of CVEC projects • Lower electric rates are a benefit to the town,freeing up money for road repair,schools,fire, etc. • Reviewed financial benefits to Brewster and net metering rules • Board of Selectmen reviewed and approved Hoae asked about shared benefit.Argo explained that excess energy is shared with CVEC member towns. They reviewed additional contractual considerations for Brewster,completed steps and next steps for Commerce Park—Timing is critical. Landfill project has qualified for net metering. Collum asked about rent from Brewster. Argo explained there is no lease money involved. McLaughlin explained further.The town can only net meter up to their current usage. Part of the financial arrangement is to have the towns contribute in a power purchase agreement.They have to have municipal partners to make this work. He explained excess land vs. net metering possibilities. (Town vs.Town example). Towns with land constraints can work with other towns to reap benefits. Leaning asked about off takers. He stated do not build if do not have off takers.Are there contracts with off takers? McLaughlin stated they have more than enough for net metering benefits. McMullen asked about letter submitted to the Planning Board from Mr. Powicki. Judd asked about cost for interconnection. Wooten stated they do not know. ($4500 for application,then impact study, $35k,etc.) McLaughlin, Barnstable spent$250k. Argo noted that all towns have an opt out clause. If there is a new price-- then more negotiations. Taylor asked about cost benefits.Are they putting out money? McLaughlin explained NSTAR has options, can pay cash for net metering or assign those benefits against accounts that the Town nominates. Accrue credits. Barnstable had an issue working out accounting issues. CVEC is reviewing software.There was further lengthy discussion about net metering benefits. Judd asked about decommissioning. How does it work?Wooten explained it is built in It is not a lease agreement. 20 yrs.They discussed decommissioning further. Hoag asked the board for comments regarding the Site Plan Review Checklist. Hoag asked about E.#3. Buffer strip? Daru—strip have to install. sib "yes" Erosion control—to be submitted. Need surveyor,waiting from NSTAR. G.1.—have not looked at the diameter of trees yet. Judd asked for clarification procedurally on Section F. Environmental Protection, Page 4 on the top. Yes,to be submitted. Judd expressed concern regarding erosion. Daru explained they would need to work on erosion control. Hoag asked about a condition at the end of 20 years--take down construction and revegetate the site?McLaughlin stated that is not part of the contract between the town and CVEC or CVEC and the developer.Sumner explained it is the Town's responsibility,at the end of the cycle.They will address how to use the revenues.The electrical budget will decline.As they manage the small stabilization fund,they may allocate some of that money towards this Taylor asked about storm water and landscape plan. (Plantings) Daru explained that when they get an answer from NSTAR they would create the plans.The plans are expensive and they do not want to spend more money unless the project is going forward.They are meeting with NSTAR tomorrow. Taylor was in favor of making this a condition in the permit. Hoag read the dept reviews summary.Staley and Leven addressed issues regarding the requirement for a 200 foot buffer to the district boundaries in the industrial zone. 200 ft. buffer to outside edge of Industrial district not property line. It has been reviewed with the applicant. Leven addressed Staley's notes from Staff Review as to whether or not the installation is considered a structure. It is considered a structure.The Fire Department conditions were noted. Wetland delineation has not been determined by Conservation Commission—it was suggested to add as a condition. The Board discussed the WQRC certificate as part of the conditions. KIUMP read a letter from Chris Powicki,7-18-13, 2042 Main Street Powicki was not in favor of the site plan review special permit. He expressed concern about the following: • The Commerce Park solar project would produce large amounts of carbon and nitrogen-free electricity, but it would require the clearing of 19 acres that are largely forested at present. Page 5 of 8 PB Minutes 7-24-13.docx • The Commerce Park solar project would generate substantial economic benefits for Broadway Electric,the Town of Brewster,CVEC,and potentially CVEC members, but it would not deliver any direct benefits to Brewster consumers served through Cape Light Compact(CLC). • The Massachusetts Department of Energy Resources(DOER) recently announced emergency responses to the state's oversupply of solar renewable energy certificates(SRECs),and this may have significant implications on the Commerce Park project's development schedule and financial viability. • The Commerce Park project's intricate structure positions CVEC,the weakest link, in the middle of costly and complex contractual obligations, yet documents submitted to the Massachusetts Department of Public Utilities disclose that CVEC's ability to meet these obligations could be compromised by legal inquiries. Hoag stated the Board is reviewing a site plan permit and this letter has to do with the Board of Selectmen and the Town Administrator. Taylor asked about#3. MA Dept. of Energy—cutting back?Wooten stated no,they are developing a new program.They are not requiring a brown field. They like industrial sites.This project was already qualified. Judd commented about the management of timber and biomass. He suggested they look at it and consider chipping wood and using wood because it is a lot of land. He wants the applicant to be responsible with the biomass. Argo asked the Board who makes that recommendation.Conservation? Hoag stated they should take it up with Conservation. Taylor suggested Bob Bersin,James Gallagher, and Chris Miller.She suggested they make the wood available locally. Griffin noted they should determine what the committee is recommending. Leaning expressed concern about the value of the wood. He suggested they check with Bob Bersin. Collum commented on the required documents for any changes to site. Once vegetation is cleared,the Board needs a utility connection plan and an operation and management plan. He stated they should submit proper documents. Broadway Electrical has these documents. Public Comment: Kathy Sherman 30 Colonial Way Sherman was not in favor of the project.She stated there has been a mis-characterization of the Industrial zone.It is an industrial zone but light use.She was concerned about clearing twenty acres and the potential of a vernal pool.She stated the forest buffers Route 6A and she referenced Mr.Powicki's letter.Forests preserve the rural character of the town.She also expressed concern about noise,birds,box turtles.She suggested the Board refer It to the CCC for mitigation measures and she recommended avoiding forested areas. Dave Bennett 233 Clay Hole Rd. Bennett is a supporter of renewal energy.He stated that the project somewhere else would be a good idea.He expressed concern about Powicki's letter and funding issues.He also was concerned about dismantling funds.He agreed with Collum and Judd's comments,and expressed definitive funds concerns.He questioned whether this would move forward.He was not in favor of the project.He suggested the golf course underutilized parking area and the sand pit as other locations.He also had storm water concerns as well as biomass concerns.He asked the Board to condition the permit In an appropriate manner. Richard Wolf 33 Bantry Lane Wolf is a member of the Energy Committee and the Director of the Brewster Community Solar Garden.He is a professional electrical engineer. He spoke in favor of the project.He acknowledged NSTAR issues. He noted that other towns do not have land for solar arrays.He asked the Board if they can put facility in,meet our demands,with clean solar and generate funds for other purposes? It is a twenty-year project.He stated they do not have to worry about decommissioning.The Energy Committee voted in favor of this project. Board Comments Leaning stated the Powicki letter raised many questions but it is outside of the purview of this Board. He asked if anyone was planning on a response. He also began to ask a question as a ratepayer. Leven stated as a ratepayer this goes to the Board of Selectmen. It is not appropriate for this hearing. Collum explained this is an as of right siting. He read from Article 14. He reiterated plans are needed as conditions. Leven Page 6 of 8 PB Minutes 7-24-13.docx read from Section 179 65C, Planning Board cannot deny approval but they may impose reasonable conditions. Judd made a Motion to close the public hearing,McMullen Second,Six Aye,One No (Collum),Vote 6-0-1. The Board discussed making a motion to approve the Site Plan Review and imposing conditions. There was continued discussion. Klump clarified the applicant needs a Site Plan Review Special Permit before they work it out with NSTAR. McLaughlin— Yes,clarified 4.6 MW ground mounted. He stressed the demand for net metering,the sense of urgency with the project, the available credit capacity. He stated this part of the project should move forward. Klump asked why the applicant could not wait.Argo explained they would like to have all the permits in place so when waiting for NSTAR they have all "ducks in a row"and have the project granted. Hoag asked if NSTAR could stop project.Argo said they could say it is too expensive to build. Sumner commented on the landfill project issue.They had an estimate for the interconnect cost. When they received an updated proposal, it changed. He explained that is what will happen with this project. It is possible the project will not fly financially.The project at the landfill is starting construction this fall. Judd stated this is a permitted use in the"I"zone. He urged the Board to discuss conditions. Conditions: Leaning made a Motion to approve#2013-10 Broadway Electrical Company, 165 Commerce Park Road, Map 131, Lot 1, Site Plan Review Special Permit for a 4.6 MW ground mounted photovoltaic solar generating facility,Judd Second, There was discussion. McMullen felt they were being pushed into something and stated he was not comfortable. Collum stated this would be a good thing for the Town. Taylor asked if there would be an issue with the way it was advertised (3.6 vs.4.6 MW) Leven stated not an issue. Hoag added that the approval would be for both North and South locations. Taylor asked for a storm water runoff plan, landscaping plan with plant list,what will happen to vegetation removed, chipping as little as possible, plan with cuts and fills, (grading plan), erosion control plan,fire dept. conditions, Conservation review,operation and management plan, re-vegetation plan, (concern about pine beetle)and no burying of stumps. Judd asked about decommissioning. Who is responsible?After twenty years, the town is responsible. Leven added a request for a decommissioning plan. Collum commented about chipping and leaving the wood on site. He noted that nineteen acres is a lot to chip. He acknowledged the concern for bugs but noted this is an industrial project. Leven recommended plans be signed off by Conservation, Natural Resources, DPW, and the Building Department. The following conditions were agreed upon by the Board: 1. The following information will be provided to the Planning Board prior to the issuance of a building permit: a. Stormwater runoff plan b. Landscape plan with plant list c. Plan for the removal of vegetation from the site d. Grading plan e. Erosion control plan f. Operations and maintenance plan g. Revegetation plan Each of these plans and other documents will be reviewed and signed off on by the Building Commissioner, Conservation Administrator or Superintendent of Public Works. 2. There will be no burying of stumps. Page 7 of 8 PB Minutes 7-24-13.docx 3. The Fire department has required the following: a. Each section of the project will have a street number based on the closest point of access. b. Information on the type and location of access points shall be provided on any plans. c. There will be a need for access around the perimeter of the north area. The road shall be at least 14 feet wide. d. The existing road can be used for access to the south area. e. Locations and types of emergency shutdowns shall be reviewed with the Fire Department. f. A walk-through with representatives of the Fire Department shall be conducted prior to the installation being brought online. g. Contact information for the parties responsible for the installation shall be provided to the Fire Department h. Ground cover shall be maintained in a way that will prevent it from becoming a fire hazard. Vote:7 in favor,none opposed. Planning Discussion 1)Discuss Sign by-law There will be a public hearing on 8-7-13. Uleshoeffer dropped off another memo. HDC members are coming to the meeting. 2)Review minutes from 6-26-13 Late edits did not get into the packets, so minutes will be voted at the meeting on August 7. Topics the Chair did not reasonably anticipate Request for continuance to 9/25/13. Site Plan Review Special Permit#2012-14, Frank Mason, Lot 7 Independence Way, Map 76, Parcel 33. Bob Freeman of Schofield Brothers is requesting a continuance to the 7-10-13 meeting. Noag read the letter. Leven explained the Board could ask them to withdraw. Hoag was in support of a continuance. Leven explained if they ask for another continuance,the Board can ask them to come to the meeting. Collum made a Motion,to accept the request for a continuance for#2012-14, Frank Mason,to 9-25-13 meeting, Klump Second,All Aye,Vote 7-0-0. Judd asked about Horsley Whitten Group. He wanted to know if this is parallel with what they are proposing for other towns. Leven stated no.Orleans works with a different consultant. Leaning made a Motion to adjourn,Collum Second,All Aye,Vote 7-0-0. The meeting ended at 9:45 pm. The next meeting is 8-7-13 at 6:30 pm. (public hearing for signs) Respectfully submitted, .444/21 Klu •, Planning Board Clerk Kelly Moore,Se r Dept.Assistant- Planning Page 8 of 8 PB Minutes 7-24-13.docx