Town of Portsmouth ZONING BOARD OF REVIEW 2200 East Main Road / Portsmouth, Rhode Island (401)

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Town of Portsmouth ZONING BOARD OF REVIEW 2200 East Main Road / Portsmouth, Rhode Island 02871 www.portsmouthri.com (401) 683-3611 SPECIAL MEETING MARCH 30, 2017 MEMBERS PRESENT: Mr.

1 Town of Portsmouth ZONING BOARD OF REVIEW 2200 East Main Road / Portsmouth, Rhode Island (401) SPECIAL MEETING MARCH 30, 2017 MEMBERS PRESENT: Mr. James Edwards, Chair, Mr. James Nott, Vice-Chair, Mr. John Borden, Mr. James Hall, Mr. Eric Raposa, First Alternate and Mr. Benjamin Furriel, Second Alternate. MEMBERS ABSENT: Ms. Kathleen Pavlakis, Secretary. OTHERS PRESENT: Town Solicitor Kevin Gavin was present as legal counsel for the Board, Michael Asciola, Assistant Town Planner and Barbara Ripa as recording secretary. Mr. Edwards called the meeting to order at 7:00 p.m. in the Town Council chambers. I. MINUTES No minutes were approved. II. CHAIRMAN S REPORT The Chair had no report. III. CONTINUED BUSINESS: 1. A petition by Portsmouth Solar, LLC and Seabury Apartments, LLC for a special use permit (Art. V, Sec. B.5) to construct a 2.9MW solar photovoltaic system development at 259 Jepson Lane, also identified as Tax Assessor s Map 60, Lot 3. Attorneys Cort and Eric Chappell, 171 Chase Road, were present representing the petitioner. Mr. Cort Chappell introduced the petition and named the witnesses he had present. Mr. Chappell said that this petition went to the Design Review Board to get an opinion on the landscape plan and the Design Review Board commented on it. Mr. Chappell stated that first, however, the Zoning Board needed to make a preliminary determination about the whether the petition could be heard. Attorney Jeremiah Lynch, Moore Virgadamo & Lynch Ltd., 97 John Clarke Road, Middletown, who represents abutters, was present. Mr. Lynch had previously sent a letter to the Zoning Board arguing that the petition had not been properly advertised and should not be heard. The letter, dated January 17, 2017, was in the petitioner s file. This letter was entered into the record by request of Mr. Lynch as Exhibit A. Mr. Lynch believes the proposed use is specifically prohibited. Mr. Lynch does not believe this item falls under Art. V, Sec. B.5 as he does not believe it is a utility and rather believes it is manufacturing. Mr. Chappell believes the Board should decide where this issue falls under the Zoning Ordinance before hearing the petition. 1 of 5

2 Mr. Chappell stated that the Zoning Ordinance is geared to indicating obnoxious and passive uses and we look at the use to see where it belongs if it is not specifically listed. In 2017 we now have solar farms, which are not yet listed in the Ordinance, so we must decide what use it is closest to in the Ordinance. The petitioner has a contract with National Grid. National Grid is a regulated utility. Portsmouth Solar, LLC is regulated through their contract with National Grid. To Mr. Chappell, this use is like a row of greenhouses there is no odor, no noise, no children, and no taxes. It is up to the Board to decide what use this is closest to, but he believes it should be heard under Art. V, Sec. B.5. Mr. Lynch, who represents the Fontaines and the Mendoncas, disagreed with Mr. Chappell and said that the he is objecting to Art. V-1, 2 nd paragraph as it is imposing a legislative function on the Board and he disagrees. Mr. Cort Chappell stated that Cox Communications put a solar farm in a Light Industrial zone under Art. V, Sec. B.5, and that solar panels are an accessory use in residential areas. A motion was made by Mr. Borden and seconded by Mr. Hall that, based on testimony heard, Portsmouth Solar, LLC, be allowed to move forward with its petition and it should proceed under Art. V, Sec. B.5 as the Board can choose what use it is closest to and it is closest to a public utility, not manufacturing. The motion carried 5 0 with Mr. Edwards, Mr. Nott, Mr. Borden, Mr. Hall and Mr. Raposa in favor. Mr. Chappell introduced Jayme Fordyce, 343 Pearl St, Cambridge, MA, who was sworn in. Mr. Fordyce is a principal of East Light Solar LLC, the entity that wholly owns Portsmouth Solar LLC. Mr. Fordyce testified they want to put the 2.9MW solar facility on Jepson Lane. He stated that they have a certificate of eligibility from the State of RI to sell 100% of the energy generated to National Grid and a 20-year contract to do so. They already have a relationship with the land owner and they pride themselves with the relationships they have with communities. Portsmouth Solar LLC is an independent company set up for this project only. The solar panels will be 3 x 5 with larger capacity panels being 6 long. The racking structures are driven posts into the ground. The panels will be 8 off the ground and angled. Mr. Chappell gave Exhibit 1 to the Board, which explained the racking system. Posts are I-beam with an abbreviated C. The depth is an engineered solution, but typically is 6 below the ground, although it can vary based on geotechnical work. Posts are made of galvanized steel. They have reviewed the soils and have chosen where to place the posts based on the soils. There will be an engineer on site to decide as well when construction takes place. The posts and panels are meant to withstand 150 mph winds, and the manufacturer, who provides a warranty and guarantee, has an engineer on site. Mr. Fordyce has been involved in nine farms in MA and RI, and this would be his tenth. A solar farm in Dartmouth is similar to this project. They have changed the design in this petition to have only one area of arrays the eastern array only. They procured higher capacity panels, which have a lower impact and are better and safer. The 6 fence is part of the national electric code. It will be vinyl coated chain link fence and is all around the array only, so a large portion of the lot will be untouched. 2 of 5

3 Landscaping will be used to screen the array. Arborvitae will be trimmed to 15 only on the south. On the north and east they can grow to 23 and it will not affect the farm. They hired a landscape architect and also went to the Design Review Board. The Design Review Board had comments and they incorporated their recommended changes into the design. They have now staggered the arborvitae and added other native trees for aesthetic purposes. They shot grades for a view from a neighbor s second story window, with a 6 man standing in that window and asked the landscape architect to design it so that view would not be impacted. Trees on the east side will be 6 to 8 from the ball when planted. Some trees to the north will be 4 to 6 at the ball. A number of trees that exist between the fence and the road will stay. A pull test is done on the array poles to ensure they are sturdy. An engineer for Portsmouth Solar will conduct this test. Max-Span is the type of system they will use. If they change the system, the Building Inspector has to determine that it meets or exceeds the Max-Span System. Exhibit 1 provided to the Board was of two products that are similar/identical to that racking system. Mr. Borden asked about the Dartmouth array. Mr. Fordyce said there is no road separating abutters and it is triple the size of this farm. It is allowed by right. Screening was done but it is not town enforced. There have been no complaints to the Building Department according to Mr. Fordyce. Mr. Lynch said that the Dartmouth farm was adjacent to a power plant. He asked if it was in a residential district. It is not. Portsmouth Solar has a certificate of eligibility but will not be registering as a nonregulated utility. They will generate electricity and sell to National Grid. Exhibit 2 is RBI Solar Mounting Brochure consisting of two pages. Exhibit A is the letter from Mr. Lynch of Moore Virgadamo & Lynch Ltd. Mr. Chappell called the civil engineer on the project, Alan Benevides. Alan Benevides, 75 Benard Road, Marlborough, MA was sworn in. He has been a civil engineer for over 30 years. A motion was made by Mr. Hall and seconded by Mr. Borden to accept Alan Benevides as an expert in civil engineering. The motion carried 5 0 with Mr. Edwards, Mr. Nott, Mr. Borden, Mr. Hall and Mr. Raposa in favor. Mr. Benevides said he has done 29 solar farms in MA, RI and CT, and over a dozen are completed. He has had no complaints. He has done a topographic survey, he delineated the wetlands and he has verified the wetlands with RIDEM. As a result, they formulated a plan. They have done precondition and postcondition runoff rates and their goal is to change the topography as little as possible and keep the water running in the same direction as today. They have met all setback requirements. Regarding glare, the purpose of the panels is to absorb sunlight, so there will be no glare. They have an anti-reflective coating on the panels and on the racking system. The panels will also be angled. Moon-glare is nothing 3 of 5

4 they ve identified with solar energy. They will need no variance for noise. There is no odor. He has never heard of vandalism associated with a solar farm. A 6 fence is mandated, but there is no electric shock risk. No chemicals or pesticides will be used. The panels are left to be cleaned by rain. They do not clear them due to snow. The grass that is planted is slow growing and needs to be cut every four to six months. Maintenance is done once per quarter with entry through Perrault Street. There is no lighting. Mr. Borden asked why only a dozen were completed. Mr. Benevides stated that they are in various stages of completion. Financing is typically the reason if they do not go forward. Mr. Chappell entered Exhibit 3, Woodard & Curren letter dated March 27, 2017 and Exhibit 4, revised plans dated March 27, The Board called for a recess at 8:34 p.m. The Board was called back into session at 8:44 p.m. Once the Board was back in session, Mr. Nott asked if All Island Landscape was a witness. They are the landscapers for the petitioners. Mr. Nott then recused himself from the petition because his son works for them. Mr. Furriel will sit on the petition. Mr. Cort Chappell called the next witness, Joshua Wheeler from All Island Landscape. Mr. Wheeler has a Bachelor s degree in landscape architecture from URI. A motion was made by Mr. Hall and seconded by Mr. Borden to accept Joshua Wheeler as an expert in landscape architecture. The motion carried 5 0 with Mr. Edwards, Mr. Borden, Mr. Hall, Mr. Raposa and Mr. Furriel in favor. Mr. Wheeler is employed by All Island Landscape. He was tasked with making a screen for the solar array. The south boundary will have Eastern Red Cedars and arborvitae to provide year round screening. They can be trimmed to 15. Staggered planting will hide the array even further. They have taken into consideration the needs of the neighbors. They have left larger trees. They will plant native plants. The north side can continue to grow. The petitioner does not have an advisory opinion from the Design Review Board, just an from the chair, Frank Munro. Mr. Lynch asked Mr. Wheeler how long it would take for them (the arborvitae) to get to 16, about six to eight years? Nate Godfrey, Newport Appraisal, rd Street, Newport was sworn in. A motion was made by Mr. Hall and seconded by Mr. Borden to accept Mr. Godfrey as an expert in real estate appraisal. The motion carried 5 0 with Mr. Edwards, Mr. Borden, Mr. Hall, Mr. Raposa and Mr. 4 of 5

5 Furriel in favor. Mr. Godfrey discussed the steps he takes when he makes an appraisal and forms an opinion on a project, like he did with this one. A letter from the RI Historical Preservation Commission, 259 Jepson Lane sent a letter dated February 23, 2017 stating that due to the screening there will be no adverse effect to them from the project. This letter was entered in as Exhibit 5. Mr. Godfrey testified that he believes there will be no noise, no glare, no lights, no traffic, no odors, no changes before and after with the landscape other than the sight of the landscape. He testified that the a. j. criteria would be met in his opinion and that this project is compatible with the Portsmouth Comprehensive Community Plan. Mr. Lynch disagreed that it would not have an impact on the property values of abutting neighbors for at least six to eight years while the arborvitae grow to height. The Chair allowed an abutter to speak. Robert King, 200 John Kesson Lane, Middletown was sworn in. Mr. King said he has a Bachelor s in physical Science. Mr. King distributed Exhibit A-1 and spoke about his opinion of solar panels and his belief that they will provide glare, they do have noxious gasses, they will not last for 20 years, and they will be detrimental to the neighbors and neighborhood. Mr. Borden told him and all audience members that the Board of Review is bound to recognize experts on subjects over a lay person. If Mr. King can provide via résumé and/or job experience that he is an expert on the matter, then the Board can place the same weight on his testimony that they place on other expert s testimony. A motion to continue the petition to a special meeting to be held on May 4, 2017 at 7:00 p.m. was made by Mr. Borden and seconded by Mr. Raposa. The motion carried 5 0 with Mr. Edwards, Mr. Borden, Mr. Hall, Mr. Raposa and Mr. Furriel in favor. A motion to adjourn was made by Mr. Hall and seconded by Mr. Borden. The motion carried 5 0 with Mr. Edwards, Mr. Borden, Mr. Hall, Mr. Raposa and Mr. Furriel in favor. The meeting was adjourned at 10:15 p.m. Respectfully submitted, Barbara A. Ripa, Recording Secretary 5 of 5

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