Video summary
On September 10, 2026, the Community Resources Committee met remotely to review and amend the Clean Energy Bylaw, focusing on critical definitions and regulatory requirements. A primary discussion centered on defining "significant storm events" for reporting purposes, where members agreed to include specific hazards such as wildfires, hail, excessive wind, hurricanes, tornadoes, earthquakes, and microbursts based on National Weather Service warnings, while explicitly excluding droughts and heat waves due to their lack of immediate impact on solar installations. The committee also debated setback distances from private wells, weighing expert recommendations for increased protection against contamination risks; however, after considering that private well locations are less defined than public supplies and acknowledging the Planning Board's authority to mandate larger distances when necessary, the group decided to maintain existing minimum setbacks of 100 feet for no-disturbance zones and 300 feet for Battery Energy Storage systems near private wells.
The meeting further addressed operational standards, including a consensus on implementing third-party inspections every three years to assess fencing integrity, erosion control, mowing compliance, equipment condition, and vandalism, rather than requiring the often unfeasible removal of invasive species. Regarding decommissioning, the committee affirmed that an existing fund covering 125% of estimated costs with periodic updates is sufficient to prevent the town from inheriting restoration liabilities. Significant revisions were made to site condition reporting to balance regulatory detail with practical feasibility; the group rejected requests for exhaustive baseline vegetation surveys and invasive species documentation in favor of retaining requirements to identify mature trees and general habitat types, while removing specific mandates for soil maps and certain proximity checks. Technical specifications were also clarified to include secondary containment structures where applicable and to list the purposes and frequencies of chemical usage.
Following these deliberations, the committee voted to adopt the bylaw with the proposed changes and scheduled a second reading for September 14. As discussions shifted toward future priorities, members explored potential zoning changes for data centers, collaboration between the CRC, Planning Board, and Affordable Housing Trust regarding the housing production plan, and strategies to manage staff capacity constraints. The next meeting was tentatively set for September 24, though this date remains subject to cancellation if deemed unnecessary, marking the conclusion of a productive session that successfully refined the regulatory framework while maintaining flexibility for site-specific conditions.
Read the full video transcript
Oh, and Jennifer, perfect timing.
Jennifer is here and your recording has
started, so please go ahead.
>> Hi, thank you. Uh, good afternoon
everyone. It is September 10, 2026. This
is a regular meeting of the community
resources committee of the town council
pursuant to chapter 2 of the acts of
2025, which extends through June 30,
2027, the ability of public bodies to
meet in a remote or hybrid manner
without a quorum of members in person.
This meeting will be conducted via
remote means. Members of the public who
wish to access the meeting may do so via
Zoom or by telephone. No in-person
attendance of members of the public is
possible, but every effort will be made
to ensure that the public can adequately
access the proceedings in real time via
technological means. I'm going to call
the meeting to order.
Um,
can you hear us? Uh, Mandy Johanni
>> present.
Uh, Andy Churchill,
>> yes.
>> Jennifer Tab,
>> yes.
>> I'm looking for Alicia Walker. I do not
see her in the attendees list yet. Uh,
and Pam Rooney is here. So, we have a
quorum. Um, we have no public hearings
today. So, we will move into general
public comment. This is an opportunity
for anyone in attendance to uh raise
their hands. I see Lynn Griezmer in the
audience and we will get to that
discussion topic uh in a moment or two
and I see no other attendees
um eagerly trying to participate in the
CRC meeting.
So let's move to action items.
Um topic 4A clean energy bylaw and this
is consideration and there's we have
Stephanie Chorella. Thank you for being
with us, Stephanie. Um, we have uh
commentary that was received at the um
what was it? The
uh August 31st meeting and um we will
discuss that today for potential
incorporation into the document itself.
Uh to begin with, I just wanted to say I
am um recommending that we just cart
blanch accept all of the scrier notes
that Mandy uh made in cleaning up the
document. Thank you for all of those.
They included, you know, semicolons and
also just clarification of Massachusetts
state law and those such items. So um if
anyone's in disagreement with that, just
yell.
But otherwise, I'd like to just accept
all of those. Um,
let's see. Lynn, you um, if we could
bring Lynn in,
we'll allow her to speak.
Did that work?
>> I just promoted. She'll come in as a
panelist.
>> Great.
>> Hi, Lynn.
>> Hi. Thanks.
>> Um, being being the sole counselor who
had a substantive comments on this
document, uh, makes sense to have you
explain to us what you, um, your
rationale, which was laid out very
nicely in your memo. Um, if there's
anything you want to add in addition to
that, this would be a good time. Um,
first of all, I just want to respect the
fact that um I um I appreciate
>> and you might want to speak up a little
bit.
>> I appreciate the opportunity to uh
address CRC and thank you for all the
work on this. Um the time the district 2
where I am a counselor along with Amber
Cano Martin, we are both profoundly
aware of the fact that um district 2 is
where the largest concentration of wells
exist in Ammerst. And so the kinds of
comments that you've seen in some
respects are in relationship to the
concern for wells. It's the distance of
solar and best from wells. it is whether
or not um we've properly dealt with all
the kinds of weather events that could
impact a solar uh establishment. And
then later on I address other things
like insurance and so forth. I also just
want to mention that since then you have
received a version from Michelle Lebe
who was on the um
conservation commission and also she's
no longer on the conservation commission
but her work in general is around uh the
whole issue of geology and soils and so
forth. The biggest concern for the
District 2 area that's on wells is not
just the potential contamination of
wellwater, but it's what happens when
you deforest an area and a lot of the
ground uh that you're deforesting is
actually heavily shell and in the
>> I
>> and the process of uh being shell it
often then leads to flooding. So the
people that live up on a high point tend
to have a lot of flooded basement. Now
separate from that, their wells are also
old and their septic systems are
failing. That's a whole different issue
that they have to deal with because at
this point the town does not have the
money to invest in bringing up public
water and sewer to this area. So the
general comments that I made and that uh
Michelle subsequently sent to you which
I did not see in the packet are really
around the issues particularly as it
relates to wells and deforestation.
uh one of the final comments that we
both were concerned about and then this
came up at our district 2 meeting last
night uh with Amber and that was the
issue of really abandonment and the fact
that you know while many of us won't be
here 20 or 30 years from now when people
walk away from solar they often walk
away bankrupt and have we actually
protected a a fund enough so that the
town is not left with um areas of the
town that used to be lovely forests and
now it's basically broken up metal and
uh
um solar panels and best equipment and
we haven't really we don't really have
the funds to clean it up and restore it
to the level that it was. I think the
bylaw goes a fair distance to that, but
wondered whether or not we could
actually create a fund that the initial
uh company has to um invest in and then
it's there for the restoration. Thank
you.
>> Thanks.
Um suggestions on approaching this. We
have we have memo from Lynn which goes
through basically item by item. I'm
happy to follow that outline and talk
about um the elements in order of it's
actually in order of occurrence in the
document and if if our wonderful scribe
could pull up her screen.
>> Yeah.
>> Would do you want me to pull up the one
Lind's version two?
>> Yeah, why not? That's that's already
marked up.
And I just again for the public record
um huge thanks to Mandy for this ongoing
recording and editing that is really
painstaking
but key to our success.
So it starts I think with 18.0319.
But I I just want to confirm we'll go
through and in blue just so people know
in blue is Athena's changes which I
believe are G's
changes um from what we had initially
um recommended. Um, in purple,
here's one here are my scriber changes.
Um, and having heard no objection at the
end of this meeting so that we have a
copy that can be marked to be put into
in the council packet of changes from
what was in last packet. So, the last
packet had the blue changes in it. The
purple are not in the last packet. So,
I'm going to leave them here. I can
accept the blue changes because the
council's already seen those. Um, but I
want to be able to submit to the council
a a copy that is marked up from the last
copy they saw at the first reading that
has the changes that if we're
recommending changes that that they can
see easily that and then I can clean it
up with a a accepted of potentially all
of whatever we're recommending or not.
Um, we can decide later on that. But so
I'll go through and as we go through
except the blue um
yep
>> purple I'll leave there but unless
someone mentions it will get accepted
later on.
>> Yeah. Yeah. And those the purples the
purples were the ones that
>> Yeah.
>> Um I would recommend that we just accept
because they are the
>> the scrier notes.
>> Yeah. Um also, um just one final note on
the titling. If we could title this as
simply as possible,
um it would be it would be um
I I will retitle it. Um because this is
it it will be recommended um well it'll
it'll be something like clean energy
bylaw G recommended
um
and CRC recommended after a first read
or something. I'll I'll come up with
something that's that's sort of more
clarity as to what this version is um
than this whole long thing.
>> Great. Great. Okay. So, now we're coming
down to Athena's
uh suggestion, and this was maybe a go
comment of did we need to describe tears
in this section. My feeling is that the
tears are fairly well described in the
table. You don't get to it till you get
to the table, but it is there.
>> I agree.
>> Okay, keep let's move along.
Okay, now we are at Lynn's first comment
which is
>> red is Lynn. Yeah, red is Lynn. And this
is this is a clarification or
enhancement of what a significant storm
event is. Uh adding the words andor an
extreme weather event with a brief
description of what
extreme weather event is. Does anyone
have an issue with um adding that as a
qualifier for Mandy? I don't have an
issue with the the new
definition. Um
it's very clunky for is is are we
referring to both of these every time we
refer to significant storm event? Do we
have to add the whole thing or can we
just call it significant weather event
or something instead of or significant
storm event? leave that the same um and
add sort of um one inch of rainfall or
and then figure out something. The
drought one is kind of iffy I think. Uh
and heat wave what what does a heat wave
constitute? Is it a declared drought? um
and what is those kind of go on for
longer and I'm not sure those are needed
but I would prefer that we clean up the
definition um and leave it significant
storm event um instead of extreme
weather event and all and I'm not sure I
want droughts and heat waves in there
>> yeah I was just going to say that one of
the you know pick one phrase I mean I
don't have a problem with extreme
weather event but it could be
significant you know e one of one or the
other I think extreme weather event
covers it. But um and I hear what
Mandy's saying about droughts and heat
waves. Those are sort of
it's I mean a heat wave is defined as
three days of 90 degrees or above.
Droughts go on and you know for for a
long time. So um
I would I would tend to
extreme weather event would be something
that would be more targeted. So, an inch
of rainfall,
wildfires, excessive wind, earthquakes,
hurricanes, micro bursts. I don't know
if earthquakes is a weather event, but
certainly it should fit under the
category.
>> Climate event, Jennifer.
>> Um, I think that drought should should
be in there. Maybe not heat waves. I
don't know if I don't know if there's an
absolute definition of a heat wave, but
a drought would be a significant, you
know, that would be a very prolonged,
it's not really a heat wave, but just
prolonged period without precipitation.
So, I I don't I'm good with drought
being there. If we had to if we wanted
to take anything out, I would say heat
waves.
Um if I think about the application of
this, we we ask for reporting following
uh significant event uh in in what we
have now is following a significant
storm event, there's a reporting
requirement and and so we need to double
check that to see if it still makes
sense that you know after after a heat
wave or after a drought that there's a
report coming back. My guess is that
a heat wave would not
trigger a a site a site review.
So I've just moved us to the one other
area you can see in my search. It only
appears in the definition in this one
section here. Um it requires within 48
hours of the event an inspector to
submit a report. So the question is with
a drought every day when the drought
ends. Same with the heat wave. Is it
during the heat wave? Is it after the
heat wave? Um, you know, I I think we
should be looking at at defining a
significant storm event or however we
want to refer this to as specific things
that can really be pointed to of this
happened on this time at this day and
now within 48 hours you need an
inspection. Um, number one. And number
two, is it something that is likely to
damage or potentially damage something?
And I just don't see a heat wave at this
point or a drought having problems in in
terms of damaging
>> um you know, right here is evidence of
erosion or sedimentation
um condition of ground surface. Droughts
and heat waves don't really affect what
we have the report covering per se. Um
whereas tornadoes, hurricanes,
earthquakes,
micro bursts completely can.
>> Yes. Yep. I agree, Jennifer.
>> Okay. I I do think there must be a
definition. There is there is some
measurable point at which an area is
declared a drought area. So, I would say
maybe if we said I don't know how we
word it here, but at the point at which
something is declared a drought,
it it's measurable. It's not somebody
saying, "Well, it hasn't rained for two
months, so it's a drought." Um now
whether or not a a drought conditions
would
have an impact on um erosion or you know
would be uh a danger in terms of the
solar installation that I don't know. I
mean I don't know if we
do we know that. I mean maybe the
conservation commission or there's
someone on staff who has that expertise.
So, I guess what I'm saying is I I don't
personally know how a drought would
impact a solar installation, but if it
does, I think that a drought when
something's declared a drought, there's
some measurable tangible um definition
of of what that is. And I think it's
less so with a heat wave. So I guess
that's one question I have as um
councelor Hanniki had
is a drought an adverse condition for a
solar installation.
>> Uh Dave and then and then I'm was going
to raise my hand.
>> Yeah, I'm curious what Stephanie if you
have any input. Stephanie was our
wetlands administrator for many many
years and has extensive experience with
wetlands and erosion. But um this is an
interesting line of conversation. I I
tend to agree
with with Mandy about the drought. I
mean we are in a drought right now. We
have been for months. Uh some of the
predictions from folks who do this in
Massachusetts and New England indicate
that we may be in kind of quasi
permanent drought status for years. So,
I'm not sure how that would trigger
reporting or impacts to a solar field.
So, I think it's I don't know. I'm
curious, Steph, what what you might add
to that.
>> It's not a triggered event like like
like a you know, a wind event or an
earthquake or something like that. is
just going to be the norm here and we'll
we could be in droughts for years.
>> Yeah, Stephanie.
>> Um I I completely agree um both with
Dave and with Councelor Hanniki.
>> Um
typically when an a storm event was
referenced, it was because it could be
very specific, very intense, and have a
direct impact on whatever the project
area is.
you know, a drought and a heat wave are
are not going to do the same. So, I'm
really just repeating what people have
already said, but I I don't think I
think that would be really a very hard
um measurable impact. I mean, yes, a
drought can be identified as having a
lack of rain for a certain amount of
time, but how does that impact It's not
a measurable impact on a solar
installation, right? That's just the
conditions of the area, but it's not
going to have a direct impact. So,
personally, I don't think drought or
heat wave are appropriate for this
particular item.
>> Thank you, Mandy. Could you scroll back
to the definition, please?
So, if we if we um we we want to include
the storm event, we want that one inch
of rainfall. That's clear.
um and or extreme weather events, you
know, take out drought, heat waves. I
think wildfires, hail,
excessive wind, which is in my mind the
same as micro bursts,
um are valid.
Can we add hail?
That's actually one of the more damaging
of solar panels.
Tornado.
Throw the book at it.
Okay. Okay. So, how does this now read?
Uh, Stephanie, go ahead.
>> Um, I just wonder about excessive wind.
What's the threshold for identifying
that as being excessive?
>> I don't know. I think a micro burst is
something that people point to. They
say, "Oh, you know, we had a micro burst
here." I think that's probably
>> more appropriate. And a micro burst if
you have micro burst then do you need
excessive wind because no mean and a
micro burst is a very specific thing as
well. It's not just wind. So I mean yes
excessive wind could have an impact but
I just don't understand that as a
measurable
identifying event.
>> I I agree. I think we could get rid of
excessive wind.
So, one option is to use I think
sometimes the National Weather Service
and and Stephanie, you probably know the
the definitions a little bit better than
me, but define what not defines but but
puts out high wind warnings or um you
know, if you were in Boston gale force
wind watches and warnings. Um, so is
there a possibility to say um I I don't
know what they're actually called, but
something like um a a high wind or her
hurricane force wind warning or or
something like that when it's a warning,
not a watch.
Would that make more sense if we wanted
to include excessive wind? Although, I'm
not sure excessive wind just in general
has the effect that a micro burst can.
But
yeah,
>> if I could jump jump jump in really
quick. Yeah,
>> just just an anecdote really of my
daughters when they were younger
actually did have a day of school in May
one year canled because of high winds.
But again, I don't know how you would
identify what that threshold is. And
even and I hear you um councelor Hanniki
about um
referring to like some kind of weather
service
designation. Um so but but this one
seems a little more squishy to me than
the others.
I'd like to eliminate excessive wind.
It's it's kind of captured in the micro
burst. So now we're talking a
significant storm event andor extreme
weather event. Weather events including
but not limited to uh more can we just
say more than one inch of rain in a 24.
Do we need involving more than
not limited to
rain events of more than one inch of
rainfall?
>> Stephanie,
>> usually the term is resulting rather
than involving.
So it would be resulting in.
>> Got it. Good. Okay. Um,
per
wildfires, earthquakes, hurricanes,
tornadoes, hail, and or micro burst.
That's a pretty inclusive list.
>> Mandy,
>> I just want to go back to the the name.
I want to pick something that doesn't
have an and or an or with it. That's
all.
I like the use of weather. Um, even
though earthquake isn't necessarily
considered weather, um, it's not really
a storm, but you know, like wildfires
aren't really storms, right? So,
can we call it just extreme weather
event?
That one works for me.
>> Anyone else ready to move on?
Okay. Um, that was a good discussion.
Let's see. So, now we are we've we've
tackled 18.13, which is the the
reporting part of it. Okay. Now, we're
into the conversation about um private
wells, and we're taking care of all the
little
Okay. So,
>> can you just go through that whole thing
and just say except Yeah,
>> I was just making sure it was an Athena
change, not a Lynn change. Okay.
>> Yep. Yep.
This is This is the worst part of just
the formatting.
So glad got all of our little typos.
>> Okay, here we are. This is the meat of
it. Uh this is dimensional standards. We
discuss setbacks in particular. So, um
I'm going to ask Lynn if she wants to
weigh back in. Is she still available to
participate?
Um and just talk about the uh the
setbacks that she's recommending. I
provided to her
uh the water protection committee
uh documents and earlier versions of our
uh of our
documents here. Uh Lynn, you want to
explain what your thinking is?
>> The issue in this case is not whether
it's
>> And can you and Lynn, can you kindly
speak up as loudly as you can?
>> Absolutely. I'm trying.
>> My voice is very soft.
>> Okay. Um can you hear me now?
>> That's better.
>> Okay. Um
my goal here is to look upon not just a
single well but when you have a
collection of wells like we do in the
northeast corner and that be treated in
the same way as if it was a public well
source. The one of the reasons I'm
coming to this is because of a situation
that did occur in Texas where um a um in
this case it was a hail storm damaged um
solar panels, chemicals leaked in not
just PAS but other chemicals leaked into
people's wells and nobody wants to claim
responsibility and so I think we want to
just retreat a collection of wells if
you will or you know a well a personal
well as if it were a public water source
and give it the same object distance.
So can you can you also describe your
rationale for uh a change in the
recommendation where we um let's if we
go through
1808.013
which is our minimum no disturbance
zones.
We had a we had a setback of 100 ft from
a private well that reflects the same
setback as is required for um septic
field a leech field. Um and so your
suggestion is that we change it from 100
to 200 ft.
>> Yes. Because a private well, you can
move a septic system uh but if you
contaminate the underground water that
private wells um draw on, you aren't
ever going to be able to uh replace it.
And again, going back to this area,
there's a lot of different sources of
underground water that uh feeds our
wells, but contaminating that
underground water. Um, you might not
even be able to move a well on a piece
of property to get to a different water
source.
I'm hoping 200 is
>> Mandy.
>> Yeah. So, I I don't know what to do with
this. I I have some some sort of um
nonsubstantiveish
comments with
some of this, although Lynn may consider
them substantive um just about how it's
written, but I I'll get to that second.
I don't know what to think about the 100
versus 200 for a private well. Um our
water supply protection committee um I
believe recommended 100 ft from a
private well. um I think if I if I
remember looking at it a couple weeks
ago such that we followed their
recommendations and so I'm I'm trying to
figure out the rationale between
following a committee of experts
recommendations versus someone's feeling
um you know and I'm not trying to
dismiss your feeling Lynn let let let me
be clear about that but we rely on our
water supply protection commission
committee for a whole lot of expertise
on protecting water supplies. Um, and
their recommendation was different
setbacks for different things. And then
what what Pam said about septics, the as
you said, a septic system can be moved
farther from a well, but it can be
installed within 100 ft of a well at the
100 to 200 foot and contaminate that
well just the same before it gets moved.
And it could be contaminated that way,
too. that um I I actually feel like
septic systems are more dangerous to
wells than a solar field. This is not
battery energy storage. I want to be
clear about this. This section is only
solar panels. Um and septics are
probably more dangerous than solar
panels to to the potential viability of
a well. Yet septics are only 100 ft. So
I I'm struggling with a rationale that
um is
the the rationale that's been provided
um when we've got various other
information from experts that that
contradicts that. Um and then after that
I can go to just my comments on sort of
the
if if the change is happening or
whatever what it would look like on
paper. Let me just say that that's which
is different.
>> Yeah.
>> Do you Andy?
>> Yeah. I'm remembering um
I think the water supply protection
committee is is
a pretty um
convincing source for for what the
distances should be. And I I guess I'm
also remembering um
you know when when the planning board
was considering it, they were asking
questions about why would we have
different distances for solar panels
than for any other kind of construction
that they might be uh pursuing that
might also have things that would run
off of them. Um,
and I I I guess if there's I I I'm I'm
curious about whether
200 ft versus 100 ft would then given
there's a number of wells there, would
that effectively,
you know, eliminate the possibility of
solar panels in certain in certain areas
um for a degree of safety that the that
the um water protection committee didn't
see as necessary. So I I'm
I have the same questions Mandy does. I
guess
>> um I'm going to weigh in. I I don't
think that's in a way that's not really
our jurisdiction to to think if if a
particular setback will uh restrict
development. That's that's really not
what we're um being asked to weigh in
on. Um I was going to point out that we
we are talking about no disturbance
areas. So that means it does what it
does not mean is that a solar field
could be cleared up to the property line
and the well that is sitting 10 ft
within someone's property line um you
know would be
that that cannot happen. This is this is
a clear no disturbance zone. So there's
no vegetation grubbing. There is no uh
you know tree cutting or excessive tree
cutting in that zone. So the the soil
and the land um characteristics are
retained
like pre-existing conditions. And I
think that's an important factor that um
that's that's very different in fact
even than the septic field which you
know a particular homeowner's property
is often highly manipulated. The septic
field and the runoff across the entire
property could very well affect a well.
this is a a no disturbance zone and and
I think um I I have great sympathy for
the need to protect our private wells
because that is the biggest asset for
property. Without it, you have a
worthless property.
Um, but I'm but I'm fairly comfortable
given that this is just the solar fields
with no disturbance that I am feeling
comfortable with the 100 foot setback.
Lynn,
um, I will just say if you were to pull
the neighbors on Shootsbury Road, which
Stephanie and David heard plenty from
over the last five years, they would go
for the uh, equal treatment. That's my
only comment.
Mhm.
>> Stephanie, do you have any comments?
>> Well, I guess I defer to
um as was noted the the committee that
you know worked on developing the white
paper with their recommendations because
I think they did base them on you know
they based them on science. So that's my
I I I
understand the concern but I I don't
think
It's, you know, with a public water
supply, and I think Amy Rezeki did
present um a comment on distances, you
know, with a public water supply, you're
you're looking at a much much larger
area
for the draw down. And so I think that's
why,
you know, a larger area is warranted
because the draw down is so much bigger.
Um, and it's less the case with a
private well. And I understand that
you're talking about collective wells,
but you know, each well is kind of its
own
area, right? So they're not they're not
right next to each other and that the
wells are all drawing exactly from the
same area. You know what I'm saying?
Around each well. So I I think the the
recommendation
from the from the committee was
the one that I would recommend.
Any
other comments?
>> Jennifer,
>> I'm sorry. Not a qu a comment, a
question. So when the group that did the
white paper, is that the solar bylaw
working group or another entity?
>> It was the wetland wetland protection
wetland
water supply protection committee.
>> Okay. Okay. Thank you. Yeah.
Um, I'm going to make a recommendation
uh that Lynn will not be happy with,
which is to keep it at 100 ft from a
private well, and that will be for the
purpose of um no disturbance zone.
I I would support that recommend
recommendation. I think that would mean
that all of these if if the committee
supports that would be rejected. Um
I do want to while we've got Lynn here
talk about my sort of because I suspect
she will make that a motion to amend at
the council meeting. So I want to talk
about some of my my things with the
other two. um even if that is our
recommendation to sort of um
you know I don't know whatever it's
called reject the the changes as marked
here. Um so so from a
>> may I Pam?
>> Yeah go ahead.
>> So Lynn um this language and adding
private wells here is no different. So
you only you could delete all of if
you're if if your motion is to change to
200 ft. In fact, your motion is probably
to delete all of 013 and just add
private wells into 014. It would have
the exact same effect.
>> Um
you know, so just to and and I don't
think it's an Yeah. So, I I think if you
do it here, we don't even need this
section at all is what I would I I
believe is the case. Um, and then with
this one, um, I'd love to hear from
Stephanie, but I do not believe there is
a zone A or B for private wells. So I I
don't see
>> I'm not sure this has an addition here
has any practical or any effect at all
because there is no definition of zone A
or B related to a private well in is my
understanding but I'd love Stephanie to
confirm that.
>> Um Stephanie apologize I cannot confirm.
I know that's true for public water
supply but I don't I don't know for
certain about private wells.
>> I saw nothing. I saw nothing in um the
material about zones A or B. Zones A or
B have to do with uh distances from the
the edge of the um surface water p I'll
call it pond and from the top of the
banks and and there is no reflection of
the same kinds of
definitions for private wells. So, I
think um I understand the intent here,
but I think just eliminating and private
wells puts us um back on the correct
footing for 0.015. We do not need the
words and private wells just because it
doesn't apply.
>> Yeah, I I think it's more of a it
doesn't apply at all. Yeah,
>> correct.
Okay, where is our next? Okay,
18.08.026.
A minimum distance of two 400 ft from a
private well should be maintained
provided that the PGA may require a
larger distance due to site
characteristics and conditions.
And this is relative to setbacks from
uh SPI and BES or with with or without
with like colloccated best I believe. Um
uh Lynn if you want to talk about your
suggestion for 1808.026
026. Please, please do.
Hold on just one second. I've lost my
place.
Okay. Um, again, it's the issue of um
private wells and the distance from
Bess.
I think I'm on the same thing. You were
08. Wait,
>> can you show me?
>> This is the next page, I think.
>> Oh, uh 18.
>> Yeah, it's uh to have the distance be
the same for private well for private
wells, particularly around the
collection of private wells.
So this is this is relative to best. So,
SPI and and or BES um we do have the
minimum distance of 400 ft from the
public wall water supply well and
surface
water supply. So, that's a 400 foot no
disturbance.
Um actually, it's I'm sorry, it's a
minimum distance of 400 ft from the
public water supply. That does not say
does not say no disturbance. Um
18.025
says a minimum distance of 400 ft shall
be required within the zones A and B of
a public. So that's the setbacks from
the edge of the pond. And then finally
026 minimum distance of 300 suggesting
400 ft from a private well should be
maintained. Any thoughts,
>> Mandy?
>> This one's harder for me. Um, because
I've always recognized the concern with
BES over anything else. Like, like to
me, Bess is more of the concern with
safety of water supplies than solar
installations. Um I at the same time I
do find it interesting we the 300 feet
is what the
um
public water supply protection committee
um water supply protection committee
recommended. They recommended 400 ft for
zone A and B. Um they recommended 600 ft
for public water supply wells which we
actually decreased and I don't I I don't
know the history around that decrease.
that might have been during
conversations with the planning board
about concerns about um you know I I
disagree with Pam on the we can't be
concerned with or we shouldn't be
concerned with the feasibility of
actually building these um because state
law requires we have to have feasibility
and they will look into um if our
regulations are so strict that none are
actually possible they would or bylaws
we would lose the court case. Um, and I
I wonder if that's part of why that 600
for public water supply wells was
reduced to 400. Um,
but I don't totally remember the history
of of that versus the water supply
protection committee um, recommendation.
But, you know, I I understand it more
for best than I do for solar. So, I I'm
curious what other counselors are are
thinking because I'm not sure what to do
with this one.
>> Yes,
Andy,
>> I'm curious why this is a minimum
distance and not a min a no disturbance
distance like the like the previous
ones. Is that is this just a different
thing?
I I can tell you the the white paper did
differentiated between the two two. So
>> I think that's why we differentiated
because they did solar was no
disturbance. Best was minimum distance.
>> It's a larger distance um but it does
not include uh
the exclusion of disturbance. Yeah. And
is the measurement from the edge of the
property or from the edge of the
instrument or I mean the equipment.
>> What would be the well to the equipment
the to the installation
or land clearly related to the
installation?
Dave,
>> I was just curious if it's been a long
time since that white paper was written
and and discussed, but I was just
curious if Stephanie might recall
why
if the water supply protection committee
recommended 600 ft, what was the
rationale to reduce it to 400 ft?
Earlier in this conversation, there's
been multiple references to the experts
in town and if the experts in town
recommended 400, what was the rationale
to or excuse me, 600, what was the
rationale to reduce it to four?
Do you recall, Steph?
>> I don't recall that specific
conversation.
When I when I
>> when I went back through the numbers, um
the protection committee um had 200 feet
from public wells and 400 ft from um
public wells. That was for Bess um and
200 feet for surface water supply.
So I think we are we are following their
recommendations. I don't I don't
remember where the 600 feet actually
came from.
>> Is it possible that they had 600 feet in
their white paper, but then when talking
to the solar bylaw working group turned
changed it to 400
>> because I think 400 is what came out of
the working group who talked to the
water supply protection committee.
>> Yeah, thank you for that reminder. Yes,
is exactly that is exactly what
happened.
So in this case we're talking about a
minimum distance from a private well and
this is for BES and solar. So it does
not have a restriction of no
disturbance.
Um,
we
we would place a minimum of 300 ft
distance from a private well. And the
request is to make it a minimum distance
of 400 ft from a private well
to whatever extent you know gets
developed on the site. Stephanie,
>> I just wanted to sort of maybe add some
clarification regarding the distinction
between minimum distance and no
disturbance is and the differentiation
between solar and BES is because with
solar obviously if you're installing
panels you have to pretty much clear cut
um whereas for BES they're
relatively for the most part a smaller
surface area. So I think that's why
there was a distinction between minimum
distance and no disturb.
>> Mhm.
In in thinking about uh the requirements
of all the submitts that are that are
required, there is a note that you have
that the developer has to document all
private wells within 400 ft of the
property line. And so that would pretty
much capture
um you know any of the surrounding
neighbors and their wells. That would be
something that I think would be would
put the um permit granting authority on
high alert if they knew that there were
private wells within the um within the
range of a of a construction project.
Mandy,
>> you could finish. Pam, were you done?
>> Oh, that's kind of all I had to say.
Okay.
You talking about that made me want to
point out that that the private wells in
both SPI and BES are the only parts of
the minimum distance that contain this
particular provision that the PGA can
actually increase the number. So for for
surface water supply for p you know and
public supply wells that is the number
400 or 200 for SPI but for the private
wells there's actually an ability for
the PGA to come in and say actually that
300 or that 100 isn't isn't enough in
this instance. Um and and maybe that's
the important part here is that
that we've left the the ability to
increase that to say 200 or 400 or
potentially even higher. Um right we
don't put a maximum on it solely for the
private wells situation. And I think and
that might be because, you know, if I'm
if I'm speculating here, we don't know
what the private well situation, we have
a much less good grasp on how many wells
there are, how where they are, how close
to property lines they are, right? Um
that that it's harder to say um
particularly because of that there's a
lot in one area, but we just don't know
where. We don't know which ones are
active or not. Um, and that's a little
bit different than our public water
supply wells and surface water supply,
which are fairly well defined at this
point. Um, in where they are and all.
Um, so
with with Pam sort of talking about
we're requiring that they be identified
and then having this in here, I'm I'm
starting to lean towards keeping it at
the 300. Um, because and and part of
that is because there is that ability to
the PGA to specifically look at
individual circumstances and increase
where necessary.
>> I'm I'm I'm in agreement with that,
Mandy. Um, and I wanted to just double
check that we have the same wording
which is provided that the PGA may
require is also up in
0.013. So I am I'm feeling more
comfortable there as well that the PGA
can require a larger setback given
individual conditions um of a property
that we keep that we keep the minimum
distance of 300 ft from a private well.
Any other comments on that? Lynn, do you
wanna you wanna
is does that give you a little more um
uh assurance perhaps that that there's
the opportunity to go to the PGA and
say, "Look folks, you know, you need to
you need to help us out here."
I represent a group of neighbors that
have spent many, many hours doing
exactly that. So I will talk with them
and see what happens. Thank you.
Um moving to 18.13.012
and
This is part of general reporting
requirements.
>> Yeah.
>> Lynn, do you want to speak to your uh
your request for uh every three years? I
think I I think it makes a lot of sense.
Um, thank you. Uh, again, I'm just going
to say we we we require that we inspect
rentals on an regular basis. Why
wouldn't we inspect something that has
this much impact on our environment? Uh,
leaving it to the possibility that
there's a severe weather event I think
is actually um kind of negligent. And I
also uh strongly believe that one of if
you actually look at the solar industry
and the extent to which solar property
is built and then it's passed on to
another company and whether or not they
pass the conditions of the original
permit and they should but they don't.
And I just think that regular inspection
is something that should be required in
this case. Thank you.
>> Thank you, Jennifer.
>> I I agree. I just don't know why we
wouldn't want I agree that we should air
on the side of caution. If this was if
these installations were going to be in
my district, I would certainly be
advocating for that. And again, this has
implications beyond
just district two for the whole town. So
I I just don't it doesn't seem
burdensome and you know I again I think
it would be best to air on the side of
caution for an annual inspection.
Andy and then Mandy.
>> Yeah, I think it's a good idea. I'm But
the language doesn't specify who's doing
the inspections. So, is it it is it they
will do the inspections or a third party
or is the town inspector going to do it
or or what?
>> Um I'm going to look to Mandy, but the
the response is that they um we've we
ask for a third party
uh inspection, Mandy.
>> So, in fact, in this section, the
applicant submits the inspection reports
on a weekly basis. So, if you statutoily
read this, you would assume that it's
the applicant submitting the general
inspection every 3 years, too, because a
third party is only after the weather
events to to respond to that one. Um, I
think I'm okay with inspections. My my I
I I would if we're looking to try and
keep this short, this sentence is
repeated from above where they're
submitted. If we move the inspection
sentence to
before this line, we can get rid of the
inspection report thing because it's
just, you know, just a simplification of
stuff post during construction and then
post inspection and then post
construction and then inspection reports
are distributed too. um a little more
simplified. But um so I' I' I'd request
that we do that. But what does my bigger
question right now is what is a general
inspection? What are we inspecting for?
Um I feel like we should have if we're
going to put this in every 3 years, we
should have some sort of idea of what
this inspection is about. you know,
after a storm a after the weather event,
it's describing specific things that
might have been affected by a weather
event, right? Um the construction
reports are detailing compliance with
everything. Um so what is this
inspection going for? And is there a way
we can give a little more information
about general inspection in this
language?
I'm gonna go to Lynn, but I also I'm
looking for Dave Zom to uh to weigh in
on what uh general inspections might
entail.
Lynn,
>> um I was actually going to say go ahead
with and see what Dave has to say about
this.
>> Okay, Dave.
Um I'm just kind of processing that a
little bit because during construction
it's pretty straightforward but every 3
years
I mean I I think things like
you know condition of fencing is all the
fencing intact has there been any
erosion over time sometimes you know
water courses change there you know
there was a micro burst and some part of
the array the the fenced in array eroded
something like that. Are they up to
speed on their mowing? There's there's a
mowing plan under these. Have they let
it go or are they mowing it too
frequently? Um, you know, the building
commissioner and the fire chief want to
know, you know, are are any arrays
broken? Are any of the, you know, has
there been any vandalism that hasn't
been fixed? things like that. So in the
in those categories of fire building and
conservation, you know, there could be a
number of things that would be
beneficial to have every 3 years.
>> Yep, that makes sense. Lyn,
>> I was I was thinking about Hickory
Ridge. You know, they're not quite ready
to to to button it all up yet, but
they're finally getting there. They're
on the one yard line or something. And
then 3 years from now, what would we we
like to see? Again, this won't affect
them because it's permitted before then.
But um
>> Yep.
>> So,
>> yeah, that makes that makes sense. That
list of that list of elements is is
pretty normal and those are the kinds of
things that could go, you know, that
could go wrong. Lynn,
>> uh the um I agree with uh you that the
list that Dave has um you know suggested
it basically comes on what what did you
inspect as things were being developed
that are still visible. Now, obviously,
you're not going to go underground or
anything like that, but the other piece
that Michelle Lee wants to add into this
is that there would be a baseline site
study, and therefore, you would also be
looking for whether or not you've picked
up non-invasive species or even invasive
plants and animals.
Um, we do not have I don't think our
requirement is to remove invasive
species. I I might be wrong on that,
Stephanie.
>> I I think that would be very difficult.
>> Yeah.
>> To do. Um, invasive species are a
problem. I I don't know how you could,
>> right,
>> include that in something like this.
That feels like overreach to me.
I think if you just uh the post
construction general inspection shall be
conducted by every three years um based
on criteria established by the town and
the inspection report shall be
distributed and there can be a side set
of regulations with this criteria for
inspection.
I mean we've done the same thing again
for housing.
>> Yeah. And it could it could really take
the form of a checklist, you know.
>> Yes, exactly.
>> Has it been mowed? Is there any erosion?
Are the fences in good condition? Are
the the uh other elements of the array
in good condition?
>> Right. That that's exactly where I was
coming from. I I didn't think about the
other issue of u plant.
>> So, do we need to do do we need to do
this checklist or not? That's just a
general condition. Um
We could I like
>> Yeah, I like the idea of the PGA, you
know, developing that and it it it it
applies to all of all future arrays.
>> Uh whoever I guess Amanda Joe, you just
put it to ensure compliance with all
approvals, conditions, and management
plans. Does that cover it, Dave?
>> Yes. I basically copied the language
above but got rid of storm water because
there's more management plans after
construction that need complied with.
>> And to me that does cover it.
>> That's excellent.
>> Andy, you had your hand up.
>> Yeah, I was just going to say I liked
what uh had been put in there, so I
thought that covered it.
>> Okay, good.
I just moved it so that we don't have to
repeat the report location.
>> Perfect.
Perfect. Good. All right. Um, that's a
good resolution.
Um, moving on to insurance, which is
section 18.15.
>> I just want to confirm that that
>> Oh, yeah.
>> Oh, I'm sorry. We just changed this to
because we defined it as just extreme
weather events. So we've we've
>> changed that.
>> Um yeah, which I think means
on
let me
>> the and or Lynn you had added right?
>> Yes.
>> Deletion reject. So if I accept the
delete Whoops. No, this is the part.
So that's simply the change.
>> Okay.
>> Y.
>> So now there we go.
>> Great.
>> I guess I didn't include my own comments
for abandonment. So I have
>> We're on insurance.
>> Oh, right.
18.15.
She'll annually provide the building
commission with certificate of insurance
showing the property has sufficient
liability coverage.
>> Yep.
>> And I guess that I mean that's you get
your insurance annually. That makes
sense to me. It's not a it's not an
undue burden.
We're in general agreement.
So before we move on to abandonment, I'm
fine with the annually, by the way. Um
Lynn, you started your comments ahead
about earlier with funds and concerns
about costs of decommissioning or
abandonment. Um maybe you have changes
down below, but I there is a
decommissioning fund, right? It it's in
here, this financial charity
decommissioning fund. So, I think we
can't ignore this section as we talk
about some of the changes below because
we've we've literally asked them to put
um 125% of the estimate of costs
associated with removal and restoration
public procurement
future cost escalation calculator um
updated every 10 years and 5 years after
that. um and they have to provide
additional in the amount of all of that
um you know for essentially for a fund.
Mhm. I think that covers what we need to
make sure is I just look forward to, you
know, down the road somebody walks away
from a a facility and now the town is
just stuck with this ugly looking area
that's degenerated and we have no no
funds to tear it down and to reforest or
to repurpose that land.
>> Yeah. No, I just wanted to point this
out because because it's not just a
one-time payment either at, you know,
these things last 30 years, right? So,
we have even taken into account, you
might need those to update it every so
often and and re reput into it to make
sure we do keep enough in just in case.
>> Yep.
>> So, we have no changes in abandonment.
>> No.
>> Okay.
Right.
>> So that was it.
>> I think that I think that was it. I
think that was it.
>> They added Goo added a capacity range in
here,
>> right?
>> We can certainly accept that
think. Oh, and another capacity range
here
cuz that was a go change. Okay, I think
that's it.
>> Um, what about this? Hold on. Hold on.
What about the yellow highlighting down
there in the tables? I just
>> That's I It is literally I We can
unhighlight that if you want.
>> It It really was just to highlight, oh,
here's some other changes in other
sections. We've moved on from article 18
to other sections of the bylaw is really
what
>> Yep.
>> What these were
designed to.
And then there's fences. Um
>> Yep.
>> Yeah.
>> Okay. It was just more to draw an eye to
Oh, we're not in article 18 anymore,
>> right?
So, the headers the headers for all of
this um will reflect
today's date. I guess
>> I I'll change it all at the end. Um
>> I could I ask a question of Lynn?
>> Lynn talked about changes
>> a a constituent had requested. Are there
any Lynn that you would like us to
consider at this time? Um the main thing
really um let me just quickly look at
them. Um
under 18.07B
um you've got a couple changes that were
made there. So things I don't think are
um
in the same order, but the issue was it
really begins with what does the
property look like before you started.
That would be the baseline and then that
would be the goal to be able to restore
it to near as near to that level as
possible. Um obviously, you know, if you
saw down a um
50 year old tree, you're not going to
plant a 50-y old tree. you're going to
have to deforest and reforest in some
other way that's much more feasible. But
understanding what the baseline was uh
and so that the um
um constituent that I talked with
suggested that in 18.07b 07B
there's a one and then a two and
suggested that this would come before
what is presently to abudding land use
and it would be baseline conditions
baseline site conditions report of
vegetation characteristics including
species composition and and spatial
extent of vegetation communities
specifically including mature trees and
shrub lines and location, proportion,
and species of invasion invasive plants.
Um, that's it. It's a basic it's a way
to start to say, well, what did this
land look like to begin with?
>> So, just
>> I just want to say for people to be able
to see purposes.
>> Yeah,
>> I put it in from that document.
Apparently, my copy came with some
>> other things, too.
But
but the language is I think exactly what
you just read, Lynn, just so we can
discuss it and people can see it on the
>> on on here.
>> Y
>> and then there's one other later, but uh
why don't we stop with that one for the
moment.
>> Okay.
So the the state mandates a um a site
suitability study or a a site index
review something like I don't remember
the terminology and in fact um
documenting
all of these elements is pretty much um
a re is completely a requirement. So the
characteristics and extent of vegetation
is exactly I think what the what
Michelle is looking for where um you
know we are talking about
basically what are the habitat types on
this property before work begins and um
it's it has to be somewhat general I
think to survey a 40 acre wooded
property or a 100 acre wooded property
is pretty extreme
um in terms of just documenting
vegetation types and I personally would
love to have all that information but I
recognize that that would be probably
excessive. Um but
>> you saying that the state the state law
already has a requirement like this and
therefore we didn't need it and I'm not
sure that Michelle had looked at the
state but state law. Mandy has her hand
up though.
>> I I am saying the state requires it and
then we we reinforce that by by number
one C which is the characteristics of
the an extent of vegetation. it's
getting at what she's talking about, you
know, what are the what are the habitat
types, the communities. Um, and we do
ask them to document the larger trees.
And this came from
um this came not from us, but I think
also from the state where where they're
asking where they're requiring large
trees to be identified. You know, these
are of value for carbon sequestration,
etc., etc. All that gets tied into the
site suitability index.
>> I I think that again Michelle probably
did not look at the state law. I didn't
either. I just basically had a
conversation and then turned this over
to her to suggest additional edits.
>> Yeah.
>> Okay. Good. Yeah. But all
>> so it sounds to me like it's already
covered in C what is now C and uh the
state law.
>> Yep.
>> Okay.
>> Yeah, I think that's fine. Um
>> and and we are not going to ask people
to document invasive species
unfortunately because all of us have it
in our own properties.
>> Right.
>> Mandy, is your hand up?
>> Yeah, my hand is up. Um I I I wanted to
expand on what Pam said. Um, just so if
if Michelle watches this, she sees where
some of our sort of also balancing act
takes place. Right. At one point, we
were documenting not just on the project
site than the project area of trees, but
I think we had like 10 in DBH of 10 in
instead of 20 in on the entire 100 acre
site. And one of the things we were
trying to balance is in in essence we we
are we are trying to write a pro-solar
bylaw. Um
>> and you have to balance what's feasible
and not as Pam was saying. And when you
get into in some sense the level of
detail that is in the language Michelle
asked for, you start running into
nonfeasibility of even being able to
submit a site conditions report, um, an
existing site conditions report without
extensive costs that then open up the
town to a lawsuit that basically says,
"We adopted regulations that don't allow
any solar despite them allowing ing
solar. Um, so, so we've we've talked
about this balancing act for a lot of
these of how do we get the information
we need for the decommissioning at a
level that is um, reasonable for someone
to begin the process basically. And then
also um, you know, that that is enough
to create recreate because we're not
going to create that site condition
exactly as it is 30 years later, right?
Um, but we do want to know what types of
species were there or was it a field?
Um, because then you can help do that.
So, I I think
>> um that's that's why we ended up where
we did and why some of us are a little
hesitant to go back to something that
Michelle requested because we had a lot
of conversation about what level of
detail is appropriate.
>> Yeah.
>> And thank you for putting that on the
record during this conversation.
>> Yep. Thank you, Andy. in 18.07.
Um, God,
I guess it must be
it would now be five, six, seven, eight.
There would be a a nine.
It's at the after nine soil types, there
would be another one, a 10. and Michelle
put in there geology and
geomorphological
properties
>> as existing site conditions because
we're still under an existing conditions
plan.
>> Exactly. Exactly. And this is where she
really gets into the soil types and the
issue of drainage etc. And I think she
felt that from what was listed that
wasn't considered.
>> Um I think
If I think of the state requirements,
um I mean there are the soil there are
the NRCS soil maps that are you know
cover the whole country and I don't know
that we
require
the soil map
um but we
um
I don't think I don't think We don't
require the soil map. It would be easy
enough to obtain. It would be simply a
document that gets, you know, attached.
Um,
well, there we go. That's that is it.
That is it.
>> Okay. Then that takes care of that.
>> And that's the that includes all the
geo,
right?
>> That covers that. Um,
>> then going on page seven,
G.
um
>> technical specifications.
>> Yeah.
>> Yep. Okay.
>> She wrote it in the one you have the
copy Amanda Jar. I do. Yeah.
>> It's under G. She said
uh and performance history of BES
semicolon secondary containment
structures of BES as appropriate under
certain sighting conditions. and she
particularly referenced this is a concom
discussion.
So she added I'm just going to put it up
here.
>> Yep.
>> So that people can see it.
>> Thank you.
>> This is what Michelle was looking for.
>> Do we know what the certain sighting
conditions means?
You know, again, this seemed to come uh
Dave, you may know more about this or
Stephanie, this seemed to come from her
experience of being on Comm
um when you looked at the um Hickory
Ridge Fort River area.
>> So, can I ask a question?
>> Yeah.
>> Um
I guess I was unsure. I don't know
whether we in this bylaw require
secondary containment structures or
whether that's an option. Um so I was
unsure whether she's seeking to require
secondary containment structures in
certain instances. number one um because
this is what you submit. This is this is
a submit technical specifications for
and so is she just asking for if a
secondary containment structure is being
used or required or whatever that should
be included um in the technical specific
specifications that are submitted. Um
that's exactly what she's looking for.
Can we say including any secondary
containment structures of Bess?
>> Sure.
So this is technical of major components
to be used panels, mounting systems,
inverters and any best which includes
the reflectivity pas.
>> Yeah, that's good.
>> That that takes care of that. Um
then the next one's down under Q.
And in that case, um she was very
concerned about knowing what the
chemicals are, how often they're used,
and their evaluation of hazardous. So,
under Q1,
she uh added at the end of that phrase,
including their purpose and frequency of
use.
>> We couldn't hear you, Lynn.
>> Including,
>> sorry, including their purpose and
frequency of use.
That made sense to me.
>> So, I would recommend if we put it
there, we put it
>> here instead.
>> Where we put it. I think it it makes
sense to me. Um,
>> so that we know what we're dealing with
if there's a chemical leak of any kind.
>> Yeah. So the the complete list is one
thing and then under the plan it's
management of such
including storage and then that's where
I put storage purpose and frequency of
use per state regulations.
>> Sounds good to me.
>> It seems more logical there.
>> Yeah.
Uh okay. And then
>> and again it's per again it's per state
regulation. So if the state is requiring
um that such a statement then it will it
should happen.
>> Uh
>> if if I could add I think that's great.
I think this is good language and these
small additions really clarify
just so everyone has reassurance. I mean
the fire department requires that now.
So, you know, we do know all the
chemicals used during construction, you
know, on an ongoing basis, but I think
this is very makes it clearer.
>> That's uh very nice to know. Thank you,
David. Uh I under hazardous materials
there were
she actually under 18102.
Did we just Sorry to interrupt. Did we
ever get this list? I I don't remember
seeing it.
>> It was emailed to you.
>> Email.
>> Yeah.
>> Oh, okay. Well, I I didn't get it in
time. Okay.
>> She didn't
>> I didn't see it in time. I shouldn't say
that.
>> She sent it like in the middle of the
night. Um
to uh not last night, but the night
before.
>> That's That's fine. That's fine
>> because I told her she had to get it to
you. Um so under 1810 to 02
in the second line she added taking out
the ore and putting in after the word
wellhead protected areas and private
wells.
Needless to say she lives in my same
area of town.
>> Yeah. So,
so she
>> So, it's
>> I'm just putting it in so people can
see,
>> right? Thank you.
>> Um,
I have comments about this one and the
next one.
>> Yep.
>> So, when you read this, the addition of
private wells
makes no sense. And I I I say that not
to be like glib or anything because it's
the storage user presence on any site.
If the site is within surface water
supply protection area or wellhead
protection areas or but you've got the
word within within private wells like it
>> yeah it doesn't seem
>> it doesn't make sense that that just
just adding that in and beyond that I
think our surface waters supply
protection area up north is is quite um
extensive
such that I'm not even sure the addition
of private wells for where you're
concerned adds any land, but I I'd have
to look at a map.
>> Y
>> um
but I would recommend not putting it in
>> I think I'm fine.
>> I I would agree with that.
>> And then later on in 18.102,
um under the paragraph that starts with
Yeah. right there, the outdoor storage
of hazardous materials.
In this case, she's putting on her
conservation commission hat.
So, a paragraph above says hazardous
materials not be stored
um or refueling occurring within 100 ft
of wetlands or any no disturbance areas.
>> It seems like that takes care of it.
I mean, unless we're differentiating
between between lawn and garden chemical
hazardous materials and other hazardous
materials, if we need to reiterate that,
I think
>> I mean, we defined hazardous materials
up above. And I I think you're right,
Pam, that this takes care of what
>> Yeah.
>> what Michelle was concerned with.
I think it does too.
So I think we should continue on.
Next one.
Um, her next comment was
under 1812.
I believe that's her. Yeah, facil. She
called it facilities and site
maintenance.
And then she provided a variety of
>> changes which Mandy Joe's entering.
>> I'm working on it.
>> These were some of the suggestions,
>> right?
>> I think that's
>> okay. So we So the site maintenance will
include regular erosion, sediment
monitoring, and the control of invasive
species. We did we did have um at Lynn's
request we added the at least the
general review every three years. Um, I
don't mind having them, you know, add
site maintenance,
uh, sort of reminding folks that it's,
you know, keeping an eye on erosion,
sediment, sediment monitoring,
um, control of of invasive non-native
plant species is
probably not going to happen unless it
is taken uh, care of by the by the
regular mowing regime.
So one possibility is to add sediment
monitoring to this line here.
>> I I would I would
>> Oh, we have erosion control.
>> We we already had erosion control and
the maintenance shall include painting,
structural repairs, erosion control. Um,
so we could add sediment monitoring to
that, which which negates
>> anything but dealing with and talking
about invasive non-native plant species,
which we've already heard is tough to do
anything about, and I'm not sure.
>> Yeah.
>> And her only point is that that's
actually the biggest problem we run into
with these sites.
>> I think I'd have to go back and I hate
when I'm sharing the screen to be the
one scrolling. Um I think we already
required that any replantings be native
plants. Um
>> we did.
>> So I you know obviously you're going to
get invasive species in anyway. Um but
>> if we do well with the replanting
that that invasive species should be
minimized to at least
>> not be worse than what we've currently
got in town.
>> The biggest problem is when you bring in
outside soil. You bring in which we
don't allow. Which we don't allow.
Right. Exactly.
>> Right.
>> And we ask for any imported soil to be
from an approved source, which doesn't
mean that it won't bring in invasive
species, but
>> so I think we can eliminate her her,
>> but you're still leading in
>> Well, that
>> I had a question about the cited
property here.
I I mean, it makes sense, right? Um, I
just don't like how the wording is. I
want to find a better wording for for
this this group here.
Shall maintain the SPI
the site. I feel like it should be SPI
best and site in good condition.
>> Mhm.
>> Yeah.
>> Like that.
>> Yeah. Sound sounds good.
Yep.
>> All right.
>> And this goes this goes to our previous
discussion of what they would check on
every three years. I I don't know where
painting comes in. I don't know what's
going to be painted. I think that's kind
of ex excessive, but structural repairs,
fencing, etc. Um,
what are they going to paint? Can we can
we eliminate the word painting?
>> They're going to paint the sign that
says no trespassing.
>> I'm happy to eliminate painting.
>> It's fine. Take it out.
>> Um, I just want to make sure we've used
the word site other places versus
other ways to refer to the whole
property site plan
>> the site disturbance site suitability
>> so we did even in property lines of
parcels within of the site so it is site
that we've used okay
>> yeah right
>> I just wanted to make sure we weren't we
were consistent there
Okay.
Okay. I think her next one is
uh
1816.02D.
18.16
>> 2
>> 02
>> no 2D right there. O2D right and Mandy
you have all the changes that she
requested there.
>> Is there a difference between deforested
and cleared?
I I'm not a geologist
or a forester,
>> right?
>> So, if I had to guess, deforested only
means if there was a forest there,
>> right?
>> If it was a open space field,
>> would it be considered
>> deforested versus cleared?
I think
>> might know better.
>> That would be cleared.
>> Well, I was just going to say that
cleared would be removing everything
pretty much.
>> Yeah.
>> Right. Versus and a forested area
typically will have less understory. So,
you're removing the trees.
>> Yep.
>> So, there really is a difference between
the two.
Stephanie, do you think that addition is
fine?
>> Sorry, it's very small on my screen, so
I'm having to lean into Let me read it
more carefully.
>> Thank you.
I think that's fine.
Um,
>> yeah, approximating is is probably a
nicer word than close to.
>> I agree.
>> In this one,
>> yeah, in this one, she brings in the
baseline site report. We've we've
already dealt with that. Um,
and that's, believe it or not, gang,
that's the end.
>> Anything else?
>> No.
Not that I have so far.
Did we lose Andy?
I'm sorry.
>> There's Andy. Andy disappeared off my
screen. I didn't
>> I've got everybody at the this narrow
band across the top. So, I'm There's
Andy
>> was at the end of it.
What's next, Pam?
>> That is uh it that's it as far as I'm
aware.
>> So, is this mean you're looking for sort
of a renewed motion in a sense?
>> I I I think we're at a point where we
could do a renewed motion. Correct.
>> Okay. So, I will make a motion to
recommend the council adopt
the clean energy bylaw and related
zoning changes
with the changes made after go
at and after go review.
second.
Uh, let's go around. Andy,
>> yes.
>> Jennifer,
>> yes.
>> Mandy Johann
>> I.
>> And Pam is an I. Um, so I just want to
get the wording. The zoning changes made
at and after go
>> review. Yeah,
>> review.
as of as of as of today's date.
>> It was also after the first reading.
I don't know if you want to include
that.
>> Right. Uh thank you everybody.
>> I want to thank all of you. This
extremely helpful and people in district
2 appreciate you. Thanks.
>> Glad I'm glad to have gotten the input.
It would have been lovely to have some
of that a little earlier, but hey, you
know,
>> right?
So long.
>> Better late.
>> So long. Yeah.
>> You're representing your constituents.
Well,
>> yeah.
Yes. Leave no doubt.
>> I try.
>> Should they ever should they ever doubt.
>> Okay. Thank you.
>> Okay, folks. So, I am going to if it
makes sense and I'm going to I'm looking
at Mandy. Um the report that was sent
from CRC to the council for
recommendation of this. Um, at the first
reading, I would I would be willing to
update it to say, you know, as of the
September 10 meeting, we incorporated
um discussion input, counselor input,
and and constituent input into the final
document as as recommended to council.
Do I do I need to update that report?
>> I don't think so.
>> Okay, super.
Super.
Thank you everybody and a huge thanks to
Stephanie for trudging through this with
us.
>> Um over five years um really really
appreciate it and Dave, thanks for your
input especially on all the Hickory
Ridge history.
Um I think that wraps up clean energy
activity for today. We will have it go
back to council forth second reading.
That's this Monday the 14th. And I am
going to move on in the agenda items. Um
unless there's anything anyone wants to
add.
I see no hands. Okay.
>> Can I just ask Pam?
>> Yeah.
>> Will the version you just
approved to move on? That'll go from
Mandy to to Athena.
>> Yep.
>> Right.
>> It's going to be sent in about two
seconds.
>> Okay. Got it. Thanks.
>> Who else wants CC on it?
>> Take take your time. Take your time.
>> I definitely
>> don't rush the final document. I
>> think she wants it out.
>> Yeah. Yeah. Off her desk. And Mandy, uh,
again, thanks to you for all of this
work on keeping keeping the versions
moving and keeping track of all of it.
It is it is yman's work.
>> And and thank you to Mandy and Pam. You
have both steered this ship of state for
5 years. Between the two of you, it's
way above my pay grade. So I glad it was
in your capable hands, both of you.
It's what we love.
Okay, I am moving to agenda item 4B,
meaning meeting minutes. I saw none in
my packet. I had none in the SharePoint
and so there are none in my mind. Um,
next agenda review. This would be for
September 24.
I am feeling pretty wiped out. Um, we
had tentatively
clean energy bylaw. should that have
come back to us downtown design
standards and um I do not know the
status of design standards and maybe
Dave can um give us a very quick update
on the status of that.
>> You know my next meeting in 15 minutes
is with Jeff Bags. So let me see if I
can get an update on that.
>> Great. in that meeting. Pam,
>> again, we have we have gotten a
presentation.
Um, we have provided some feedback. I
don't know if there is a specific
uh checklist of additional committees
that need to be spoken with. Um, my gut
feeling is that that event has already
happened. Um, what is, you know, what is
the role of the CRC? Is there a
particular
um official format or official feedback
that is expected from this committee in
some shape or form? I'm I'm thinking
not, but um
there probably at some point needs to be
some discussion about how do some of the
changes get handled
whether they're accepted or not. Would
we be talking about um you know zoning
overlays or zoning reszoning? Dave, you
have your hand up still.
>> Sorry,
I think I inadvertently hit that, but
no, I'll I'll get more information in
the next hour from Jeff on design
standards. Downtown design standards.
Andy.
>> Yeah. I'm I'm um in ter if we're moving
to other to Jeff related things. I'm I'm
also curious what's going on with the
East Ammerst um work. I know we got a
grant for to do some work over there. I
know that Jeff's been rather busy with
Hampshire College and things like that,
but I'm I'm curious if that East Ammerst
uh
investigation is is on is going on. And
I don't know if that's something we need
to take up now or later, but
>> I think it's probably too early. I know
they did a kickoff walkound with the
consultants, but I I think it's just
started, Andy, but I can get a little
more information on that, too.
>> Mandy,
>> couple of
things. Um, not for the next agenda, but
in the nearest future. Um, it at some
point the local historic district
commission will be submitting a formal
memo to the council with proposed zoning
bylaw changes regarding I think their
their vote to create a new local
historic district in East Ammerst. Um,
those come with zoning bylaw changes. So
any referral, if the council makes a
referral, would be for
CRC and the planning board to hold
hearings because they're zoning bylaw
changes. Um, so I I just wanted to put
that on your radar because I'm not sure
everyone always realizes it's zoning
changes that that make that happen. Um,
so it it will be a CRC item if the
council refers it um for hearing, but
it's it's not on Monday's agenda and
since it's hearings, it does take a
while to to come through, you know, so
it's but it's near-term. Keep keep it in
mind as as chair that that that's going
to have to be likely have to be on
agendas at some point. Um, I was
wondering if it's possible for the chair
to talk to the chairs of the planning
board and I think the affordable housing
trust. Um, see if maybe we might have
some sort of joint meeting or some
coordination of we've we recently
adopted a housing production plan. that
has a lot of stuff for sort of
implementation things um that I would
love to see us coordinate who's going to
work on what or what we might want to
work on as a town as a priority and and
which board kind of goes to Pam what
board goes where and when do things come
in but I think it might be I I don't
know whether a joint three board meeting
for that would be useful um or just
three individual conversations I feel
like a joint meeting might be more
useful, but something to start moving
and and making some sort of preliminary
decisions on which parts of
implementation of the housing production
plan we as boards um might want to focus
on first
to so it's not a plan that just sits
there doing nothing.
>> Yep.
>> Yep. Good point, Jennifer.
And then we will again if it gets
referred have a um zoning amendment
which probably have to hold a hearing
for um for bylaw you know the ADU 5.01.
>> Y
>> yeah.
So, we may not have we may not have a
lot of material for the 24th,
but um coming soon.
Andy,
>> yeah, I I like the idea of this sort of
figuring out with the other boards, but
I also would would hope that the
planning department would be um deeply
involved in that. And uh it might be
another topic Dave for you to talk to uh
to Jeff about whether uh you know if if
we were trying to continue this sort of
crossboard collaboration around the
housing production plan
what would you know what's the capacity
for for staff to to help with that or is
that seen as a positive thing and you
know what what would their role be?
Yeah, I can certainly I can certainly
talk to Jeff about it and Paul, I think
you used the the uh the the right word
there, Andy, capacity. What is our
capacity right now?
>> Yeah. And I got to say from a planning
staff capacity, you know, we have one
vacancy, we have a brand new assistant
director and we have, you know, we just
mentioned a couple of things and we
didn't even talk about Hampshire
College. Um Paul kicking off the
Wildwood
um reuse study, downtown design
standards, East Village. So
it's going to be a capacity issue. What
is the right time? because of course the
planning department should be if not in
the lead of that discussion with with
the council or or you know uh as as a as
a key staff player in that discussion.
Um so yeah we should talk about that.
Maybe that's something to talk a little
bit about Mandy in um agenda setting for
future meetings and things like that is
what is the right time. you know, we're
we're racing to try to get
>> we're racing to try to get zoning
uh written developed and written for you
all to
>> to work on in the new year sometime
after January. So, I think capacity will
be the key the key word there.
>> And you're you're speaking specifically
of Hampshire
>> uh in terms of zoning.
>> Yeah.
um
>> that you're you're racing to get zoning
done.
>> Yeah, because that those that's the date
we said January.
>> Uh we would present something to the
commission to the council in in January
or review over I'm sure a number of
months. So it's not going to end with
Yeah, you're I'm sure you're you know
the council is going to have a lot to to
talk about and a lot to say about that
proposal. So So let's let's talk about
it more. Mandy, but housing is front and
center for all of us.
>> Mandy,
>> one other thing to put on the potential
hearing
requirement stage.
Um before Governor Healey announced her
executive order regarding data centers,
um I am aware that some counselors were
working on a potential change to our
bylaws regarding data centers. I don't
know what form it would take. I don't
know what it would look like, whether it
would be initially be a moratorum or
something, but it would be a zoning
bylaw proposal regarding data centers.
Um,
again, this was before Governor Healey
announced her own executive order, so I
don't know whether that will still come
or not. Um, but but again, a out there
future radar.
>> We might be holding a lot of public
hearings on on various zoning amendments
coming up. Um, so just just keep that
one in mind. And then, um, this isn't
really a next agenda. Um,
Pam, I think we voted you the person
that would approve last term's minutes.
I'm just curious on a status update of
minutes from last term.
>> I have I have approved and put into the
um into the into into our folder
anything that we've adopted so far. And
so, um, we were going pretty smoothly
along, but we have not had any to adopt.
>> Uh, no, I was curious about last terms.
Remember, we ended last term so far
behind, and as they were getting caught
up, they'd just be approved and and
gone. Do you you don't have to do that
update now. I'm just curious
>> where that committee.
>> I haven't actually gotten any additional
>> Okay.
>> um, minutes to approve.
>> Okay. So, um, I'd have to look in I'd
have to look in the folder. I can do
that, right? Oops, I just got blocked
out. Um, anyway, I will I will give you
I'll give you a status of that.
>> That would be great. Thanks. I just
curious if we're still behind or if
we're missing any.
>> Yes, we are still behind.
>> Okay.
>> So, status on last term's meeting
minutes.
>> Yes.
>> And and I'll I'll include this year's as
well.
>> Thanks.
Yeah, we're we're not in good shape.
Andy,
>> yeah, just going back to this idea
around the collaboration between the
planning board and the affordable
housing trust around housing stuff and
the capacity of staff.
I I just think it's a really good idea
to that we sort of sync our our efforts
to what we can be supported on and um
and so just to have a sense of what
what things staff are going to be able
to work on and then maybe we adjust our
you know we organize our agendas and and
communicate with the planning board and
affordable housing trust to the degree
that there's common interest around
those. Um, I'm sympathetic to the
capacity issues and and I don't want us
to be like
getting too far ahead, but at the same
time, you know, we're we're meeting and
if there are things that we're going to
have that you're going to need our
decisions on or our input on, you know,
just syncing up the the planning
department's, you know, uh, itinerary
with ours would be helpful.
>> Yeah, thank you for mentioning that. I'm
gonna I want to let Dave go as quickly
as we can, but but um I'm seeing a fair
amount of um public hearing time coming
up over the course of the fall and and
early winter with the list that we just
talked about. Um I appreciated the fact
that CRC members were somewhat flexible
in in participating um with planning
board at their meeting times and maybe
we'll be a maybe we should ask for a
little bit of reciprocity on that as
well. But I know the public certainly
found it easier to follow um the the
discussions on all these topics. Um
thanks for all the input. I will write
that up for next meeting. I'm going to
I'm going to announce that the CRC's
meeting on September 24th. Um I look
forward to people saying that they maybe
don't feel we need a meeting and it
could be cancelled if we decide we do
not need it. Mandy,
>> I' I'd leave that up to you and if you
don't think we need it, I'll support any
cancellation basically. Um, I just
wanted to remind the committee that my
Wednesday nights during the school year
are not available. Um, yeah,
>> in general. Um, there are some times
during the school year where there are,
but but assume they are not. Um,
>> yeah,
>> just just as a reminder.
>> Yeah. Thank you. Thank you. Um, and
actually, if I were to do yet another uh
potential preview for a next agenda, it
might be to have a more in-depth
discussion about all of these items and
sort of start to assign ourselves um
some homework on on doing the homework
of of what's the status of the you know,
go go back and read the housing
production plan. uh identify things that
that CRC might um and have a short
discussion about that. That would be
productive conversation. Okay, folks. Um
I'm going to u suggest that we adjourn.
Is there a second?
>> Second.
>> Andy.
>> Uh yes.
>> Sorry.
Jennifer,
>> yes.
>> Pam is a yes and Mandy is
>> hi. and Dave, thank you very much. We'll
let you go to your next meeting. Um, we
were four present, one absent. Thanks
everybody. Thank you.
>> Thank you. Bye bye.