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Standish Planning Board Meeting Minutes

Meeting date: 
Monday, April 5, 2021

Standish Planning Board

Meeting Minutes

 April 05, 2021

 

The Standish Planning Board meeting was called to order by Chairman Charles Brown at 6:00pm. Present were Jolene Whittemore, Phil Pomerleau, Frank Nappi, Erika Ewers, Town Planner Zach Mosher and Jackie Dyer, Admin. to the Planner and Planning Board. Absent was Cheryl Kimball and Deb Boxer. The Chairman gave an opening statement and declared a quorum with five members present.

 

Approval of Meeting Minutes from March 01,2021

  • Mrs. Whittemore made a motion to approve the minutes as written, seconded by Ms. Ewers. All in favor.

 

Old Business:

 

  • BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

 

Sean Thies was present to represent BD Solar Standish as well as Mr. Cleaves, the applicant. Sean said since the last meeting many things were discussed, and a letter of response was sent addressing those concerns which were mostly sight and noise concerns. He said they have changed the fence heigh from 7 feet to eight and tree height as well as some additional plantings around the site. Sean said they are trying to alleviate any concerns as far as the site plan goes. He showed a diagram of one of the homes and the height looking across the site with the solar panels. He said there will be a wooded buffer and based on the elevations they are showing, the homeowner would be looking over the top of the panels and the others would have a vegetated screening. He said the panels would be hidden more as the vegetation and trees grow.

 

Mrs. Whittemore asked about the inverters on the equipment pads and have they moved it back further due to the potential noise. Mr. Pomerleau asked about the 6-8- foot trees and what would be the diameter? Mr. Thies said he is guessing they would be an inch and a half to a 3-inch diameter. The bushes would be a 3–4-foot diameter so they can grow. He said if they are too close together, they will not grow as well as they should. Sean said there are some trees that are remaining close to the rock wall that were not cut. Ms. Ewers asked about the trees being staggered. Sean said the distance to the rock wall and the fence is not going to allow much room if the trees are staggered. They need to be in a line and the trees need to be 15 feet from the fence so they can mow and maintain the site. If that is changed, they would have to alter the entire plan.

Mr. Pomerleau asked about the trees growing and would they spread enough to make a buffer? Sean said over time the trees will thicken in as they grow. Ms. Ewers asked about deer getting in and would they eat the branches. Mr. Pomerleau said the smaller the diameter of the tree, the longer it takes to grow. Mr. Cleaves said they would own the land eventually and not Mr. Butler. Mr. Pomerleau asked about the 27 Moody Road and would they see the panels? Sean said that they would see very few as they would be looking over them. The fence and the 8-foot trees would limit the view of the panels. Sean said that potentially they will not see any panels at all. The trees will be spaced 15 feet apart. Sean said that the fence will be behind the trees with a green mesh on it. The trees will hide the fence also and break things up.

 

Ms. Ewers asked about the trees every 15 feet and Sean said that is what they usually space them at for buffers. He said he did not find anything in the ordinance that said height of trees or spacing them. Ms. Ewers asked about trees dying and would they be replaced. Sean said its usually written in as a condition of approval that the owner would replace them if needed. Mr. Mosher said he would not mind having that added as a condition of approval. Mr. Pomerleau said that he has seen trees probably 15 feet apart and Sean said they need to spread. Mr. Brown said that the trees along the road by the residences should be maintained.

 

Sean said they have addressed the noise and made calculations from the closest house. He said the loudest noise they have calculated is around 40 decibels, which is under the allowed noise limit. Sean said it would be equivalent to your computer running. He said that their calculations do not take into account any background noise. Mr. Pomerleau asked about the first inverter and how far in is it from the property line. Sean said that its about 125-150 feet back from the property line along Moody Road. Mr. Pomerleau asked if that is about or exact? Sean said it is 120 feet from the stone wall. Mr. Pomerleau said that if he were building a building, he would have to be exact. Sean said that they meet the ordinance requirements. He said they are not required to show all measurements, just to meet the setbacks. Mr. Pomerleau said that he is interested what noise is coming from the property if any. Sean said they meet the ordinance as far as noise is concerned Mr. Pomerleau said that they have moved the number from 60 decibels to 80 decibels and why?

 

 

Sean said the noise level is measured at the property line and not the street line. He said there is a number from the transformer and one from the inverter, the highest being the inverter. They are both located on the equipment pad on the site. Mr. Nappi played a video from Cypress Creek of a solar farm and the noise that was coming from it. Sean said they have seen and listened to this. John McLaughlin from 19 Moody Road said he went to the solar farm in South Portland and the sound he heard is not nearly as loud as the video. He said that it was not a real loud noise and feels that with a lot of buffering with trees and vegetation, they will not hear anything. He said he saw the inverter but heard almost no noise that he considered awful. He said it was not housed and looked like a transformer. He said that he feels that a buffer of bushes in front of it and put it as far back from the road as possible and he feels there will not be a problem. Mr. Pomerleau asked why they cannot put it further back and Sean said that they can’t put everything in the very back and run it towards the front. The inverters have to be a certain distance from the panels and the transformers. Mr. Brown wanted to know if they are going to buffer the inverters and the transformers? Sean said there would be panels in between the inverters and the road. Also, the fence will be there. Sean said if they built the project and then there are problems, they can deal with it at that time. Mr. Cleaves spoke and said he had encouraged Mr. McLaughlin to go to the South Portland project and listen for any noise. He said they have been in touch with each other, and they do not want to create any situation for the neighbors that is bothersome. He said he would be loathed to redesign the project and look for problems before they arise. Mr. Cleaves asked if there is anything they can do with a condition that addresses any problems once they are up and running.

 

Ms. Ewers said they could put a condition on that said that if there are any problems, they would be addressed by the owner. Mr. Pomerleau said he thinks they can’t do that. Mr. Brown said that if there are problems, they can be addressed then. Mr. Cleaves said that they will be willing to fix any problems if they arise. Ms. Ewers asked if they could do any type of housing for the inverters now? Sean said that then it would be a building, cooling issues and electrical problems. Mr. McLaughlin said he feels that shrubs added as an extra buffer will do the trick and he feels all would be okay. He said he knows they are trying to do the right thing and be good neighbors. Mr. Pomerleau said this is a great project for the acreage that is there. This is at the inverter at the Moody Rd. side as the others are located way back from the road.

 

Ms. Ewers asked about an L shaped fence to buffer it? Mrs. Whittemore said this is zoned for Industrial development and if the Planning Board proceeds with more and more restrictions above the ordinances, what precedent will be set for the next solar farm project? She said they have done everything they need to do with codes and ordinances and now the Board is adding more. Ms. Ewers said they could use this for a reference. Mr. Brown said we have done two other solar farms, but plenty of buffer has been left. Mr. Pomerleau said there are many towns around that are doing solar projects. Mrs. Whittemore said that we have ordinances and regulations in place, and we have asked for enough. She said that the Board needs to be consistent. Would the neighbors rather have something other than a solar farm? Mr. Mosher said he spoke to the Assessor about the decrease in property values that was brought up at the last meeting and the Assessor said that in a market like this, it’s highly unlikely for this to make a decrease in property values. Mrs. Whittemore said this land has been industrial land for many, many years.

 

Sean said the fence would be grounded only if it had overhead power lines and there is equipment on board that prevents power surges. He said he has also provided a letter of relationship between Dirigo Solar and BD Solar Standish. Mr. Brown asked for any added comments from Mr. Mosher or anyone else. Mr. Mosher said the ordinance says the decibels in industrial districts is 70 during the day and 60 at night. Mr. Brown said the panels do not work at night and are not making any noise. Mrs. Whittemore said they would be working at night during the summertime. Mr. Nappi asked that when they job is done, would the decibels be measured? Mr. Theis said the Code Enforcement Officer can go out or they can add a condition about this. Mrs. Whittemore said she supports this as a condition of approval, but to not look for problems before they arise.

Mr. Brown asked for other questions and comments from the Board. Mr. Brown asked for a motion to find the site plan application complete and go through the list of conditions and any added ones. Mrs. Dyer said that the Board had added a condition about trees and that they would be the responsibility of the owner. If a tree dies, then the owner would replace it. Ms. Ewers asked about researching the cost of an L fence for added buffering and noise control. Mr. Brown said that it would be up to the applicant at that point to provide something and present it to the Town. Mrs. Whittemore said that she does not agree with that and Mr. Thies said that he feels that they are looking for something before there are any problems. He said if they need to come back and take care of a problem, they will when something occurs. Mrs. Whittemore said she agrees with putting in the two extra conditions about the trees and about the decibels of noise. Mr. McLaughlin said that its common sense not chasing a problem that is not there. He said that Mr. Cleaves has responded to all the neighbors’ concerns and he is okay with having a solar farm as opposed to a factory or a pig farm.

 

Mr. Brown said there are a few things to go through for completion. He said the dimensions are shown on the plan as well as a parking area. He said they are showing culverts and that will be determined on the opening of the driveway. The only signs needed on the property are safety signs and there is no outdoor lighting. The trees are shown on the plan as well as plantings. Mr. Mosher said there is a gated access, and the Fire Department has looked at the plan and are okay with it. Mr. Brown moved to find the application complete, a motion was made by Mrs. Whittemore and seconded by Mr. Nappi. All in favor. Mr. Brown asked for a motion for approval and read the following:

 

§ 181-49.34.  Additional Standards for Medium- and Large-Scale Solar Energy Systems.

In addition to the standards set forth in § 181-49.33 above, medium- and large-scale ground-mounted solar energy systems shall comply with the following:

  1. Utility connections - Reasonable efforts, as determined by the Planning Board, shall be made to place all utility lines from the solar energy system underground.  Electrical transformers for utility interconnections may be above ground if required by the utility provider. (All utilities are proposed to be underground until they connect to the riser pole).
  2. Safety - The solar energy system site plan applicant shall provide a copy of the site plan review application to the Fire Chief for review, and the Fire Chief shall provide written comment on the fire safety of the proposed system to the Planning Board. (Comments were provided to and addressed by the applicant by the Fire Dept.)
  3. Visual impact - Reasonable efforts, as determined by the Planning Board, shall be made to minimize visual impacts by preserving natural vegetation, screening of abutting properties, and protecting scenic resources. (Applicant is proposing fencing and the planting of white spruce; the applicant should specify whether the buffer depicted on Moody Rd extends along the former Dow parcel and is adequate.
  4. Glare - Solar panel placement shall be prioritized to minimize or negate any solar glare onto nearby properties, public gathering places or roadways without unduly impacting the functionality or efficiency of the solar energy system. (The solar PV modules are designed to absorb sunlight to create the maximum amount of solar energy possible while emitting little glare.)

 

  1. Operations and Maintenance Plan - The site plan applicant shall provide (and maintain upon site plan approval) an operations and maintenance plan, which shall include measures for maintaining safe access to the installation as well as other general procedures for operational maintenance of the installation. (An Operations and Maintenance Plan is provided in the application materials).

 

  1. Signage - Signs on solar energy systems shall comply with all applicable standards in this ordinance, and one sign shall be required, at a minimum, to identify the owner and provide a 24-hour emergency contact phone number. (There will be no signage other than the required emergency contact information.)

 

  1. Emergency services - The owner or operator of a solar energy system shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief.  Upon request, the owner or operator shall cooperate with the Fire Department in developing an emergency response plan.  All means of shutting down the system shall be clearly marked on the plan.

 

Mr. Brown read the following additional standards:

 

“Move that the Board grant a Site Plan approval - with conditions below - under the provisions of the Standish Land Use code for the application submitted by Sean Thies of CES, Inc, on behalf of applicant, BD Solar Standish, LLC for the proposal to build a large-scale solar array on Map 10, Lot 48 and Map 14, Lot 1 on Moody Rd with the finding that it meets:

  1. The application meets the requirements in Chapter 181 Article VIC, Regulations Concerning Solar Energy Systems – specifically Chapter 181-49.32, 181-49.33 and 181-49.34 of Standish Land Use code.
  2.    The application meets the requirements in Chapter 181, Article XI for site plan review.

 

 

Mrs. Whittemore made a motion to approve the application seconded by Mr. Brown with the previously read provisions/additional standards and Conditions of Approval as written along with two additional conditions (9 and 10). All in favor.

 

  1.  This approval is dependent upon, and limited to, the proposals and plans contained in the application and supporting documents submitted and affirmed by the applicant (either orally or in writing) and that any variation from the plans, proposals, and supporting documents is subject to review and approval by the Planning Board, except for minor changes which the Code Enforcement Officer may approve.

 

  1. The owner or operator of a solar energy system shall maintain the facility in good condition.  Maintenance shall include, but not be limited to, painting, structural repairs, vegetation control and integrity of security measures.  Site access shall be maintained to a level acceptable to the Fire Chief.  The owner or operator shall be responsible for the cost of maintaining the access road(s), subject to the private way standard serving 2 residences in Sec 181-14 of the Standish Code or Ordinances.

 

  1. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, a medium-or large-scale solar energy system shall be considered abandoned when it fails to generate electricity for more than one (1) year without having first obtained the written consent of the Code Enforcement Officer. Determination of abandonment shall be made by the Code Enforcement Officer.

 

  1. Before a building permit is issued, the applicant for a medium-or large-scale ground mounted solar energy system shall submit to the Town a performance guarantee, to be approved by the Town, in the amount of 150% of the estimated demolition cost of the system, such cost to be determined by the Town Planner or other duly designated person. The owner may apply to the Town Planner for release of the guarantee at such time that it or its assigns remove the system and associated abandoned structures, and such completed removal is found to be satisfactory by the Town Planner, in consultation with the Code Enforcement Officer

 

  1. If the owner or operator of the medium-or large-scale solar energy system fails to remove the installation in accordance with the requirements of this section within one hundred and eighty (180) days of abandonment or the proposed date of decommissioning, the Town retains the right to use the performance guarantee and any and all legal or available means necessary to cause an abandoned, hazardous, or decommissioned solar energy system to be removed.

 

  1. The Applicant shall meet with the Fire Chief and/or Code Officer when installation is complete to provide a summary of site layout, means for shutting the facility down in case of emergency, and emergency contact information.

 

  1. Upon the completion of installation, the Town of Standish reserves the right to inspect the solar array on both Map 48, Lot 10 and Map 14, Lot 1 for erosion control and other stabilization measures.

 

  1. Post construction verification of the decibel level so that it meets 206-3

 

  1. Trees shall be planted in accordance with sheet C101 provided by BD Solar Standish, LLC, and shall be maintained accordingly to provide a year- round visual screen. Trees not in a healthy condition shall be removed and replanted with the same species of tree before the close of next planting season.

 

  1. The applicant, BD Solar Standish, LLC, will conduct post construction decibel level monitoring at the front and side property lines and submit those reports to the Town.

 

 

Public Hearing:

  • Amendments to Standish Town Code, Chapter 146, Floodplain Management

 

Mr. Brown asked Mr. Mosher to explain, and he said the flood plain ordinance is just a matter of a few housekeeping details and those changes come from FEMA. He said there have been slight changes from FEMA and they will publish maps with different flood zones. Zach said that if a home in Standish is in Flood Plain A, that home would be eligible to receive federal assistance and if in another flood zone, you would not receive any assistance at all if your house floods. Mr. Brown said this makes things come up to date and Mr. Mosher said they update and change all the time. If the homeowner finds themselves in a flood plain, they can get a survey and have an elevation certificate done exempting them from having to purchase flood insurance. Mr. Nappi asked if this is just a matter of bureaucracy and would he have to purchase insurance no matter where he built in Standish? What would this ad? Mr. Mosher said they require the elevations now for the floodplains, so it is not much of a change. Ms. Ewers asked if this is town wide and Zach said it really is only in Zone A. Mr. Brown said the newer maps FEMA is coming out with are based on sea level. Mrs. Whittemore asked about the process of not being in a flood zone and do they track that? Mr. Mosher said that is mostly LOMA and he isn’t sure if the information is tracked. Mr. Brown said on the FEMA web page, there is a map showing where a parcel has been taken out of a flood plain.

 

Mr. Brown made a motion seconded by Mr. Pomerleau to adjourn the meeting All in favor.