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Objections Raised At Planning Board Public Hearing Casts Dark Cloud Over A Proposed Dual-Use Solar Array
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Thursday,
December 15, 2011
Four members of the Board of Selectmen and approximately 10 Belchertown residents attended a Planning Board public hearing to speak out against a proposed dual-use solar array at the corner of George Hannum Road and Hamilton Street on Tuesday evening. Impacts to the view shed, health and safety hazards, the quality of the site plan, and the historic nature of the proposed site were all among the concerns that town officials and citizens had regarding the project.
Belchertown-News.com previously reported that the New England Small Farm Institute (NESFI) was exploring sub-leasing the field to Diversified Construction to build and maintain a solar array that will combine solar energy generation with agriculture—specifically livestock.
At the public hearing, Diversified Construction owner David Marley said that his site plan for the array adheres to the proposed bylaw that will regulate commercial solar projects in Belchertown that still needs to be approved by Town Meeting. The draft bylaw calls for a 75 foot setback and subsequently reduced the number of panels originally proposed and the corresponding energy output of the array.
“It has, in fact, been scaled back from 1.5 megawatts…now we are approaching 450 (kWH). So the economics of scale are starting to come into play here,” said Marley.
Marley said that his business plan includes education and research in addition to a dual-use application. Marley is also the owner of Hyperion Systems, which is Diversified Construction’s solar company.
“The concept of dual-using the land has never been done before,” said Marley.
According to Hyperion Systems’ website, they refer to the dual-use installation of solar panels as “Gemini” and was installed at a UMass agricultural field in South Deerfield.
Marley said that his dual-use installation is also low-impact and doesn’t involve the pouring of concrete.
“We want to keep it as natural as possible,” said Marley.
Marley explained that the installation of the solar array is also temporary.
“These are put in the ground without any concrete, there is no digging (and) no trenching. We trench for the line that goes into the inverter and that’s it,” said Marley.
The inverter is a component that converts direct current (DC) to alternating current (AC), which allows the power generated to be sold back to the grid.
Marley said that his company has invented a system that uses poles that can be removed making it possible to restore the field back to its original condition.
“It’s a very minimally invasive technology for putting these (solar panels) in,” said Marley.
Marley said that the costs associated with removing the solar panel help to prevent real estate development and helps preserve open space.
“Open land is one of the things that Belchertown has as an asset. What we are trying to do is actually encumber it with such an improvement that when a developer says he is going to come in and develop it (open space), the costs of removing the solar will be prohibitive and it won’t come into development,” said Marley.
The topography of the proposed site was discussed by Marley. He explained that from Hamilton Street, the site descends away from the street decreasing the visibility of the solar array.
“As soon as you get about 50 feet in (to the field) it starts dropping. The elevation drops 31.5 feet,” said Marley.
Marley said that the site plan calls for an electric fence so that livestock can graze on the field between and under the rows of solar panels, which would be spread out as part of a dual-use design.
“We’ve discussed putting in an electric fence very similar to the fence that is across the street (from the proposed site),” said Marley, adding that NESFI has been unable to graze livestock on that field because there is currently no fence. The field is currently used as a hay field.
Marley stated that a vegetation barrier could be installed to enhance the aesthetics of the site if abutters and the Planning Board require it.
The installation of a well would also be required by NESFI, Marley said.
Marley provided the Planning Board with photos of another dual-use solar array recently completed on Middle Street in Hadley. He said that it was installed for a brewer that grows barley on the field where the array was installed.
Marley said that if there was a better understanding of what his company is trying to do and people embraced solar energy generation, he could help communities who have been designated as Green Communities under the Green Communities Act get more grant money for renewable energy projects.
“So that not only Belchertown, but the communities around here, can not only go after the low hanging fruit in the Green Communities Act, but really be inventive and industrious,” said Marley.
NESFI board member Jonathan Spiegel said that NESFI has been talking about this project for 2.5 years. He said that NESFI is in support of a dual-use solar project because they believe small farmers throughout the commonwealth have numerous fields that aren’t “optimally productive.”
“This project will bring, not just solar panels to the field, but will enhance the agricultural productivity of the field,” said Spiegel.
Spiegel said that the Massachusetts Department of Agricultural Resources (MDAR), which supervises the land leased by NESFI from the commonwealth, advised the farm non-profit that the use of this parcel is appropriate.
“The lease permits development of alternative energy resources and integration of farming and other agricultural pursuits. And our recent communication from the Department of Agricultural Resources indicates that their assessment of the lease agreement…is that utilization of our established sub-lease process and lease agreements…is appropriate,” said Spiegel.
However, Spiegel also said that MDAR has not officially approved the use of the proposed site because it is still in development.
NESFI Director Judy Gillan, who is also serves on the Belchertown Energy Committee, attested to the importance of teaching component of a dual-use solar array.
“The Small Farm Institute’s mandate from the state is to utilize the site to establish demonstrations and to conduct training…So we would be responsible for not only managing the site in agriculture, but for holding workshops for smaller scale farmers around the state who are interested in possibly doing something similar,” said Gillan.
In a letter to the Planning Board from Robert Rizzo—a Belchertown resident and a former chairman of the Belchertown Conservation Commission and charter member of the Energy Committee who now works for the Massachusetts Department of Energy Resources as their Bioenergy Program Manager—said that he served on the State Review Board for NESFI for many years and that this project was consistent with their role.
“In my opinion, this project serves to assist the Institute in their role to provide education on new technologies that could assist local agricultural entrepreneurs in maintaining the economic feasibility of their farmland,” stated Rizzo’s letter.
Rizzo also stated that, although he no longer serves on the Belchertown Energy Committee, “it has always been of major importance to the Committee to provide educational opportunities on renewable energy technologies for the citizens of Belchertown. This highly visible project will provide opportunities for residents to better understand solar energy and its place in our energy future.”
The letter also stated that Marley has been recognized by the commonwealth in the past for implementing renewable energy, “and thus has demonstrated experience in renewable energy development.”
Members of the Board of Selectmen voted 4-0 against this project at their last meeting. Selectmen Chairman Ken Elstein did not vote as he is on vacation. All four selectmen who voted against recommending the project to the Planning Board were present at the public hearing.
Because it would be a quorum for 3 or more selectmen to be meeting, subsequently requiring them to adhere to open meeting laws, i.e. posting the meeting at least 48 hours in advance and keeping minutes, each selectman said that they were speaking as citizens and not as members of the Board of Selectmen.
Selectman Ronald Aponte said that he supports solar projects, but did not believe that the proposed site was appropriate.
“This is certainly a special place in town,” said Aponte.
Aponte cited NESFI’s website, the federal government, and the commonwealth as proponents of conserving agricultural vistas.
Reading from printed copies of the National Park Service’s preservation brief, Aponte said, “The potential benefits from the preservation of landscapes are enormous. Landscapes provide scenic, economic, ecological, social, and recreational opportunities that help us understand ourselves as individuals, communities, and as a nation. Their ongoing preservation can yield an improved quality of life for all and a place to identify for future generations.”
Aponte also cited the Massachusetts Department of Conservation and Recreation’s (DCR) website about their Heritage Landscape Program that stated that agricultural landscapes should be a priority.
Belchertown’s Community Plan was also cited by Aponte.
“Our goal number 1 is to maintain Belchertown’s rural New England look and feel,” said Aponte.
Aponte also noted the means by which the community plan accomplishes that goal, which, he said, includes, “promoting traditional land use with focused construction and intervening open spaces, identify (and) prioritize key open space parcels for natural resource protection…and then identify, prioritize, and work to conserve key landscape views.”
“At the federal level, at the state level, and at the local level, we all agree. It’s worthwhile to preserve this historic and beautiful landscape…While this is probably a worthy project, it’s not appropriate for this site,” said Aponte.
Selectman George “Archie” Archible also said that he supports solar energy projects, but not at the proposed site. He said that there are a lot of people who would have been at the public hearing to speak out against it if they knew about it.
“I’m asking you (the Planning Board) for your cooperation and say no to this project,” said Archible.
Selectman Brenda Aldrich also spoke out against the proposed solar site.
Aldrich said that she received a call from a friend who had to close the blinds in her living room because the glare from solar panels on the roof of a home across the street is overwhelming. She said that the glare from the solar panels could pose a safety hazard to the public.
“We all know how heavily traveled that road is…How would the reflection on 5.5 acres of solar panels affect the travel along the area,” said Aldrich.
Later in the meeting, Marley addressed this concern stating that the glare from the solar panels can be mitigated with screening.
Selectman Bill Barnett was the last of the four selectmen present speaking against the proposed solar project on behalf of himself as a citizen and not as a member of the board.
While Barnett said that he is for the promotion of green projects, he requested that the Planning Board ask Marley and NESFI to consider another site for the solar array.
“I want to make sure that it’s not, in any way, a project that will adversely affect the town of Belchertown,” said Barnett. He also said that he was concerned about the site security.
The type of livestock that will graze on the field was also a concern of Barnett’s because he said that the original proposal stated that cattle will be grazing on the field and now last night we heard it was going to be chickens.
“I’m concerned about the types of animals that are going to be there. We heard that it was going to be cows first and now we are told that it will be chickens. I think all of this type of things need to be made clear,” said Barnett.
Spiegel said that the types of animals that graze on an agricultural field does not fall under purview of the Planning Board, but it is the decision of farmers.
“The fact that a group of farmers might decide not to put cattle in a field, but rather do chickens or sheep instead, is not an issue which you (the Planning Board) should spend time being concerned about nor is it one of the areas where you have purview. It’s the kind of thing that farmers will decide to do with their field,” said Spiegel.
Town Administrator Gary Brougham spoke out against the proposed solar project on behalf of the Board of Selectmen. Brougham said that more detail is typically provided in a site plan than what was submitted to the Planning Board.
“We have no information about the structural layout,” said Brougham. He said the actual elevations need to be determined because it could result in a situation where the panels in the front will shade the panels in the back unless they are elevated.
“With the absence of details, I don’t see how you can possibly issue any kind of conditional or definitive approval of this project tonight,” said Brougham.
Brougham said that the Board of Selectmen requested that the Planning Board table any approvals for the proposed solar site plan until certain determinations are made.
In the memorandum to the Town Planner, Brougham stated the concerns of selectmen—many of which were stated by the members of the board present at the meeting. It asked the Planning Board to consider what approvals were needed by the Conservation Commission, safety concerns, the historic nature of the site, the lack of detail in the site plan, the potential adverse impact it will have on abutters, the impact of the reflection made by the array, as well as comments made by other town boards and committees.
The memo from the Board of Selectmen concluded by stating that, “Belchertown recognizes the value of renewable energy. Belchertown also spends considerable dollars every year preserving open space. Few would doubt the significance of the parcel being asked for consideration in that regard.”
Brougham said that that he has never seen four selectmen appear at a Planning Board public hearing since he was appointed Town Administrator in 1997.
“I think that this is a very strong statement,” said Brougham of the board’s presence.
Although Robert Thrasher of Old Enfield Road said that he is not against solar projects, he wants to make sure that it is done right. He said that a solar project at an Easthampton landfill looks terrible.
“We don’t want this project to look like the one in Easthampton,” said Thrasher. He also questioned if the Historic Commission has looked at the proposed site plan.
Gillan said that NESFI consults with the Massachusetts Historic Commission when they change the uses on the farm. She said that NESFI has previously installed green houses and hoop houses, which are considered temporary structures. Marley and NESFI said that the solar array is also a temporary structure as the mounting system consists of poles that can be removed. Gillan said that photos of the site were taken with descriptions. She said that assessing the impact the solar array will have to views is part of their approval process with state historic regulators.
Gillan also said that the current view includes the Department of Public Works and the Wastewater Treatment Plant.
“I must say that each time that I take a photograph and do a panorama of what we are proposing, all of those things are in the view corridor,” said Gillan, adding that the proposed site is the only place where the proposed solar array could not be seen because of the downgrade of the proposed site.
Judy Dion, an abutter who lives at 31 Hamilton Street, said that she currently has a magnificent view of the field from her backyard and that the solar array would have an adverse effect on that view.
“I am going to see it. It benefits a lot of people, it benefits the town, the farm…You just depreciated my property value…I hope it doesn’t pass,” said Dion.
Dion said that she was excited when she bought the house because it was bordered by state-owned land thinking that it wouldn’t be developed.
Dion also asked if a solar project of the proposed size has been installed near a residence in the past. Marley said that he has not installed a solar array near a residence yet.
“Do you know what health hazards it (the solar array) would have if a tornado or hurricane—destruction to any of these panels—and this toxic chemical got into our land and our well? Are they (the panels) indestructible,” asked Dion.
Marley said that he wasn’t aware that there was anything hazardous in the solar panels.
“There is an aluminum frame around them, there is glass, and there’s silicon that’s impregnated onto the surface of the glass…When people are talking about hazardous waste, that’s a new topic to me,” said Marley.
Dion said that she wanted an outside source to confirm that solar panels are not hazardous.
Melissa Desautels, of 37 Hamilton Street, also spoke out against the proposed solar project. She said that she participates in community supported agriculture at Red Fire Farm in Granby. Desautels said that Red Fire Farm recently installed solar panels, but that they are using the energy for their farm.
Desautels also said that she has health concerns for her family and future children.
“Silica is a carcinogenic and it is a part of solar panels. It is a commercial project that you are proposing on an agricultural site. Agriculture is wonderful, but 400,000 watts of electricity is not agriculture,” said Desautels. ” she said.
Desautels, who said that she just moved to Belchertown, also said that the site would depreciate her property value. She said that she is already dealing with the unpleasant odors of the NESFI composting operation. She said that even during hot summer days, she can‘t be outside.
“The smell from the waste, the food, the crows…makes you have to go in your home on a hot summer day,” said Desautels.
After the meeting, Belchertown-News.com asked if it was disclosed to her that Belchertown is a Right to Farm Community. She said that it was not. There is language in the Right to Farm bylaw that states that real estate agents should provide prospective buyers with a pamphlet describing the realities of farming communities, including odors.
Both Dion and Desautels bought their homes in 2011.
Combined with the Desautel’s home being located near the compost heap, the transfer station, the DPW, and the Wastewater Treatement Plant, Desautels said that a solar array at that location would be have more of a negative impact than she bargained for.
“We feel that right now, as tax payers, that we have enough negative impacts against us. That this would significantly impact our home value,” said Desautels, adding that the proposed solar array should be located in a non-residential area.
After the meeting, Desautels told Belchertown-News.com that a small amount of radiation is created by solar arrays. While she admits that research has shown that it is not enough to affect humans, she said that it may turn out to be a danger in the future as we better understand the effects of solar arrays.
“It emits an amount of radiation…Technically the amount is not harmful to humans, but who’s to say that it (solar panel radiation) can’t be (dangerous) 25 years from now,” said Desautels.
Matt Desautels, of 37 Hamilton Street, said that the proposed solar array is too big and that the solar panels are made of silica dust, which, he says, is a health hazard. Desautels also said that he is for solar energy, but suggested that NESFI follow the example of Red Fire Farm.
“They should put it on their land next to their farm. There are no houses around,” said Desautels.
Gilbert Dacosta of Old Enfield Road said that the proposed site is part of one of his favorite drives in town and that one of the reasons he recently moved to town was because of that scenery at that location. He also said that those who live near the proposed site are already dealing with negative impacts.
“I don’t think it’s fair to really throw more at them. It’s disproportionate,” said Dacosta.
Dacosta also said that a solar array at the proposed site would, “pollute the pristine nature of the land.”
He also said that photovoltaic solar panels consist of hazardous materials and he said that a fence won‘t prevent anyone from damaging the panels.
Celeste Dacosta of Old Enfield Road also objected to the proposed solar site plan. She brought up the potential dangers associated with hurricanes and tornadoes.
“I can only imagine what will happen if a tornado comes by and all these 12 rows of 250 foot glass panels go flying through the air. What impact would will they have on the neighborhood, the children, and the community. It could be devastating,” said Dacosta.
Planning Board member Lou Faassen asked if another site was considered for the solar array.
Spiegel said that other sites were considered, but were not appropriate for a variety of reasons like existing underground piping, right of ways, and existing structures.
Planning Board member Jim Natle also said that the site plan needs more detail. He said that there is no real engineering done with elevation data.
Planning Board member Mark Andrews said that he was initially excited about the project, but “the intensity of the comments and the points made are certainly giving me pause,” said Andrews. Andrews also said that the site plan needs improvements.
Because the Planning Board has been working on a commercial solar bylaw and posting meetings seeking comment from the public for months, Planning Board member Chris Lorrenzo expressed some frustration that community members are voicing their concerns now.
“Sometimes I get disappointed in the town…We have a commercial solar photovoltaic installation bylaw that we just spent 2 months writing with public hearings asking for public input. Nobody was here…You have a vote, but you only show up here when it’s in your backyard,” said Lorrenzo.
Lorrenzo also asked if the solar array can be located somewhere else and that the site plan needs more detail.
“How can we approve your site plan, if you’re not even exactly sure where the panels are going and how it’s going to look,” said Lorrenzo.
Because the proposed solar bylaw has yet to be approved at town meeting, Natle said that the a solar array is an allowable use at the proposed site.
“We can assume its allowed by right for that site. It’s just the site plan review that comes into effect right now,” said Natle.
Town Planner Doug Albertson said that, according to town counsel and state law, “no zoning bylaw shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy except where necessary to protect public health, safety, and welfare.”
Albertson said that town counsel advises that the Planning Board can not restrict solar energy generation, but that they can condition it through site plan approval.
Gillan reminded the board that NESFI originally requested stricter language in the proposed draft solar bylaw.
Marley requested that the Planning Board put in writing the exact issues that need to be resolved. The board said that they would like a photographs from multiple angles and a more detailed diagram with elevations that will demonstrate how the site would look. They said that they would also like documentation regarding the potential for hazardous materials in the solar panels.
According to one study authored by a consulting firm for the state of Oregon, “A substantial body of research has investigated the life cycle impacts of photovoltaics including raw material production, manufacture, use and disposal. While some potentially hazardous materials are utilized in the life cycle of photovoltaic systems, none present a risk different or greater than the risks found routinely in modern society.” (See Health and Safety Concerns link under “On the Web” to the right under the photos among links to other published studies).
After the meeting Marley said that he has been bringing projects like this to neighboring communities and that the process in Belchertown has proved to be, “a bit labored.” He explained that he recently received a $1.1 million grant from the Department of Education to install solar learning labs consisting of two clusters of panels mounted in the same manner that would be used on the NESFI field.
“We are doing a lot with the students right now. We are doing 13 schools in the area to promote exactly this,” said Marley. According to sources at Hyperion Systems, they have already installed solar learning labs at two western Massachusetts schools, they have signed agreements with six other schools, and are talking to the respective school committees of nine other school districts.
“We haven’t proposed it yet to the Belchertown school system yet,” said Marley.
Marley said that other area towns are embracing dual-use solar proposed.
“Every town around here has embraced it,” said Marley.
The public hearing was continued until January 10 at 7:35 p.m at town hall.
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