ATHOL – On the heels of the July 22 vote by residents at a Special Town Meeting approving a temporary moratorium on large ground mounted solar arrays, the Board of Planning and Community Development has started working on developing bylaw amendments.
At the Planning Board meeting Wednesday, Town Planner Eric Smith presented the committee with a proposed outline of topics and processes to develop solar bylaw amendment language for the October 2020 town meeting. Proposed topics include applicability, general requirements, design standards, landscaping, screening and storm water standards, monitoring, decommissioning, financial surety and other items.
The final language draft would be completed by the Aug. 5, 2020 Planning Board meeting and bylaws for the fall town meeting submitted to Town Counsel prior to Labor Day.
The purpose and intent of the current town bylaw provides standards for the placement, design, construction, operation, monitoring, modification and removal of ground-mounted solar photovoltaic installations which address public safety, minimize impacts on scenic, natural and historic resources and in the case of large-scale commercial installations, provide adequate financial assurance for the eventual decommissioning of such installations.
The board reviewed and approved a draft of bylaw amendments that stemmed from a request for rezoning by Kyle Dorow of 124 Glendale Ave. to be able to use his garage for auto repair services. The amendment, to be presented at the Oct. 21 special town meeting for a vote, will add “Light Service” and “General Repairs” to the list of home occupation uses listed under Article III, Section 3.4.2. The new language would include “Light Service of Motor Vehicles, Boat or Farm Implements (within Residential-C only and subject to Special Permit),” and “General Repairs of Motor Vehicles, Boat or Farm Implements (within Residential-C only and subject to Special Permit.”
Also added would be Section 3.4.1.6, “adequate off-street parking is available,” and Section 3.4.1.7, “The home occupation use is not detrimental to a residential or rural neighborhood, and the existing character of the neighborhood is preserved.”
If the amending zoning bylaws are passed at the town meeting, Dorow must then go to the Zoning Board of Appeals for a Special Permit. Smith will present the draft to the Town Counsel.
Site plan review findings and decision were presented regarding the Licensed Marijuana Establishment Special Permit and Major Site Plan application by The Botanist, Inc., for property located at 706 Petersham Rd. Spokesperson for The Botanist, Becca Rutenberg of Vicente Sederberg LLC said they are comfortable with the provisions.
Board chairman David Small said they tried to include concerns from previous hearings from abutters and others who spoke.
Eric Smith presented a draft of review findings with conditions added, including that the applicant must provide the Planning Board with a review of their building plans and odor control systems before the building permit and prior to issuance of the occupancy permit and brought to a BPCD meeting with all abutters notified, at the expense of the applicant.
Other conditions regarding any land clearing would require a video inspection of the culvert drain ahead of any construction associated with the marijuana cultivation and processing facility, hydrologic/hydraulic calculations must be provided for all proposed onsite pipes, and provision of sizing calculations of the proposed extended detention. Prior to any construction, the applicant must provide additional elevation data relative to the spillway on a set of revised site plans, and sizing data.
Jean Miller, a Petersham Road abutter, expressed concern about specific wording in a section of the finding that reads, “…there will not be substantial harm to the neighborhood,” in that the word “substantial” could be subjective. Small said the language comes from a state zoning bylaw and that the question of wording could serve as a model in the future.
The Board approved of the conditions and decision with additional conditions to be approved by the Board of Health. New BPCD member Marc Morgan, who was introduced at the beginning of the meeting, abstained from the vote as he was not present at previous ones.
The next Board of Planning and Community Development meeting is scheduled for Sept. 4 at the Town Hall.