Independent Review Of Shutesbury Road Solar Project Requested

Report on the Meeting of the Zoning Board of Appeals, October 12, 2023

This meeting was held over Zoom and was recorded. It can be viewed here.

Present
Steve Judge (Chair), Everald Henry, David Sloviter, and Craig Meadows. Absent: John Gilbert

Staff: Rob Watchilla (Planner), Christine Brestrup (Planning Director), Rob Morra (Building Commissioner)

Continuation of Public Hearing on Large Solar Array Proposed Near Shutesbury Road
Representatives from PureSky Energy, requesting a special permit to construct a 9.4 kilowatt solar array on 41 wooded acres owned by W.D. Cowls off Shutesbury Road returned to the Zoning Board of Appeals (ZBA) after a brief appearance on August 24 to present an updated application. The group had previously come before the Planning Board and is awaiting further review by the Conservation Commission, although permission from the Conservation Commission may not be needed because the project was moved farther away from Adams Brook than in an earlier iteration. 

Members of the ZBA visited the site on October 6. Everald Henry asked if the entire area will be cleared of trees, even though solar panels will only occupy about 10 acres. PureSky’s Andrew Chabot said that all trees in the area will need to be removed to provide maximum solar exposure to the panels and to permit vehicle access to the site between the panels. Craig Meadows inquired why the company was using a remote tracking technology to change orientation of the panels in order to maximize exposure, since this decreased the number of panels at the site and increased the chance of malfunction. Chabot replied that, even though there were fewer panels, the amount of energy produced would be increased by allowing the orientation to be optimized.

ZBA Chair Steve Judge asked if a determination had been made yet regarding the fire that occurred in a battery installation in Warwick, New York. The batteries proposed for this site are the same as those involved in the fire. Chabot said that the investigation of the fire has been completed, but the report has not been released. He assured the ZBA that PureSky would employ all safety measures suggested by that report and change the batteries proposed for the project if necessary. 

Henry noted that the area was used extensively for hiking by residents, and wondered if it would be off-limits during and after construction. PureSky representative Cory McCandless answered that the project will be built on private land which residents now use at the discretion of the landowner. She said that there will be a need for signs noting high voltage electricity and contact information in case of emergency. 

ZBA Requests Independent Evaluation of Project 
After hearing from representatives of the applicant, the ZBA requested additional evaluation of the project from knowledgeable third parties. The additional scrutiny is allowed by state law and must be paid for by the applicant. The topics suggested for peer review are:

1. Site design
2. Phasing of the project (cutting down trees, bringing in large equipment, removing trees and stumps)
3. Impact to nearby wetlands, especially during decommissioning
4. Stormwater management

a. during construction
b. post construction

5. Impact to water quality including possible leakage from battery malfunction into drinking water wells of nearby residents, and also potential effects on their geothermal wells
6. Glare study on how reflections from the solar arrays will affect nearby homes
7. Battery storage: safety, location, access for fire suppression
8. Legal fees for a land use attorney to come to public hearings about the site to advise on conditions that the ZBA may set under MGL Chapter 40A, section 3 for the project, to assure that relevant topics are dealt with, and to protect the town against appeal if unallowed conditions are set.
9. Third party monitoring during construction to ensure the conditions of the permit are followed. Planning Director Chris Brestrup said that the town has limited staff that can monitor such a complex site during construction, and the Conservation Commission has sometimes required third party monitoring for projects it has approved.

The applicants said they would like to work with the peer reviewers in order to keep lines of communication open.

Public Urges Caution 
Renee Moss suggested that an environmental impact study and a review of potential noise from the project be added to the peer review topics. She noted that excessive noise produced by an array in Conway necessitated shutting off the installation.

Judith Eiseman, chair of the Pelham Planning Board, said that Pelham has concerns about the project, which abuts the line between Amherst and Pelham. She stated that the area is a high priority site for wildlife protection per the CAPS (Conservation Assessment and Priorities System) program at UMass.. She also said that the steep terrain of the site presents a risk for erosion without proper management. The Pelham Planning Board will be sending a detailed list of its concerns to the ZBA.

Lenore Bryck pointed to the evolving knowledge regarding large solar arrays. She stated that the Dover amendment (MGL chapter 40A, section 3), prohibiting objections to solar panels, was primarily aimed at rooftop solar and that “no one conceived of large arrays in forests when it was passed.” She said the amendment is now being challenged, and she wished the state would subsidize landowners to maintain the forests; because, even after the solar arrays are decommissioned, the soil may not be able to support a forest for many years. 

Michael Lipinsky pointed out that the applicant decreased the battery storage in the plan by 56% (from 27 to 12 batteries) He suggested that this decrease was due to financial considerations, not safety. He cautioned that the ZBA needs to be aware of other budget cutting matters that may affect safety. 

Sharon Weizenbaum said that a site with a solar array in Shutesbury has been sold three times since the array was built and the safety provisions did not carry over with the sales.

Jack Hirsch advised conducting a traffic study to determine the impact of large construction vehicles on the area roads and on the steeply sloped site itself.

Town planner Rob Watchilla said that engaging the consultants for the peer review will take at least a month, so the hearing will be continued on January 11, 2024. 

62 Taylor Street  Nonowner Occupied Duplex Status
Charles Dana and Ruoqui Zhong have put in an offer to purchase the duplex at 62 Taylor Street from Angela McMahon and Justin Serpone. In finalizing the sale, all parties realized that the permit for the property to be nonowner occupied had expired, and a new one would be necessary for the house to continue to be nonowner occupied. McMahon and Serpone purchased the property in 2017 and resided in it for several years before deciding to rent both units. Although they received rental permits and paid the fees, they didn’t realize that the permit to allow the property to become nonowner occupied expires with a  change in ownership until they started to sell it.

Dana and Zhong moved to Leverett from Chicago about a year ago. They owned rental units in Chicago and hope to purchase some units to rent out in this area. They stated they do not plan changes to the building at this time, although they hope to update the interior and electrical system in the future. They stated that they want to be good stewards of the property.

There are currently five tenants in the property, a family in the two-bedroom first floor unit and four tenants in the three-bedroom second floor. There is a third-floor loft that is not permitted to be used as a bedroom under the existing permit. 

Judge said he does not want to hold up the sale of the property, but the application is incomplete. He requested that Dana and Zhong work with the town to specify a management plan, lighting plan, trash plan, snow removal plan, and a clear delineation as to how many people can reside at the property and the maximum allowed for parties. Also, he wants the status of the third-floor loft clarified as to whether or not it can serve as a bedroom. Henry also wanted to know the parking arrangements, since there is only one parking space for the duplex, on the unpaved driveway shared with 70 Taylor Street.

In public comment, neighbor Bob Tancredi objected to the house being a nonowner occupied duplex. He mentioned the town’s inability to track how many people live in various structures, and said that Amherst needs more rentals to be owner-occupied to save its year-round neighborhoods from being replaced by all-student apartments. 

Because of future absences of ZBA members, Watchilla will poll members on a date when at least four can be present to vote on the special permit application. The date is tentatively set for October 26, but will likely be November 9.