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City of New Bedford

Department of City Planning

133 William Street Room 303 New Bedford, Massachusetts 02740

Telephone: (508) 979.1488 Facsimile: (508) 979.1576

PLANNING BOARD

STAFF REPORT

REPORT DATE PLANNING BOARD MEETING August 5, 2020 August 12, 2020

Case #20-23: SITE PLAN REVIEW WS Braley Road Map: 135 Lots: 46 &

a portion of 9 Owners: NBD Solar, LLC 80 Front Street Marion, MA 02378 Castelo Homes, Inc. 1815 Acushnet Avenue New Bedford, MA 02746 Applicant: NBD Solar, LLC 80 Front Street Marion, MA 02378 Agent: Prime Engineering, Inc.

P.O. Box 1088, 350 Bedford Street Lakeville, MA 02347

Overview Request by applicant for Site Plan review for new construction of a large scale ground mounted photovoltaic solar array located on the West Side of Braley Road (Map: 135 Lots: 46 and a portion of Lot 9) on a 24.9 acre site in an Industrial C (IC) zoned district. Existing Conditions The project site is 25+ acres with wooded uplands, a portion of an abandoned wetland cranberry bog, bordering vegetated wetlands, and a potential vernal pool. It is located at the far north end of the City near the Freetown border. The site has 423’+ of frontage on the west side of Braley Road. An existing cart path provides access into the property. The property boundaries were recently adjusted via an Approval Not Required Plan (ANR). A portion of former Map 135 Lot 9 was added to Lot 46 resulting in the lot layout as shown on the plans submitted.

PLANNING DIRECTOR

TABITHA HARKIN

MAYOR

JON MITCHELL

WS Braley Road – Cart Path Entrance Looking east from Braley Road

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The surrounding neighborhood consists of residential dwellings, a railroad line, a cranberry bog, wetlands, and woodlands. The west property line runs 1231’+ parallel and directly abutting the railroad track line. Opposite the site, on the east side of Braley Road, are multiple residential condominiums. Directly south of the site is wetlands and directly north of the site is the rest of the former cranberry bog. Staff noted various items illegally dumped on the property such as mattresses, furniture etc. The board may wish to condition that these items be disposed of appropriately during site preparation. Note: The applicant has filed a Notice of Intent with the Conservation Commission. The project was approved on July 21, 2020. The approved plans were last revised on July 10, 2020. The order of conditions will be forthcoming. Proposed Conditions The proposal is to construct a .634-megawatt AC ground mounted photovoltaic solar array in the in the upland portion of the site (southwest corner of the site). The panels will cover just under 1 acre of the 25-acre site. An existing cart path will be extended and upgraded to a gravel access road. An infiltration swale is proposed along a portion of the gravel drive. The electrical connection for the array is proposed to tie in under the adjacent railroad tracks. The site work, including 1,500 linear feet of fence, underground conduit, and directional drilling, is projected to cost $170,000. The racking and the solar panels are projected to cost $330,000 for a total construction cost of $500,000. Solar Array Details The racks are proposed to be Terraglide brand –TGL fixed-tilt ground mount racks. The solar rack system will be mounted on pillars. The pillars (leg posts) will be mounted on TerraSmart brand ground screws. Each panel is 6.5’+ long by 3’+ wide with a 20-degree tilt. The leading edge of the panels (closer to the ground with the tilt) will be installed approximately 3’ from the ground. The upper edge will be approximately 8’ in overall height but no more than 10’ from the ground. The nearest panel will be installed 250’ from Braley Road. The panels will cover .99 acres of the 25-acre site.

WS Braley Road – Wooded Upland View along cart path

Items Dumped on Property

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Site Preparation (Demolition & Erosion Control) The site preparation will include tree clearing and stump removal in areas as shown on the plans. The proposal notes the stumps will not be removed within 25’ of the wetlands. That area will be maintained as an area of shrubs and herbaceous growth. Silt fencing will be utilized and an eight (8’) tall fence will be installed around the perimeter of the site. Operations The solar array will operate 24 hours a day, 365 days a year. A maintenance operator will visit the site once per month to visually inspect the site. Parking & Loading The applicant states that there will be a maximum of one vehicle visit per month by authorized personnel, who will utilize the gravel access road. There will be no public access. Therefore, there will be no need for permanent parking or loading spaces. Traffic Impact & Access Study A traffic Impact and Access Study has not been submitted and is not warranted at this time, as only one vehicle will visit the site monthly. Circulation. A maximum of one vehicle per month will utilize the gravel access drive. Public access (vehicular or pedestrian) is not allowed to the site. Therefore, the access drive can accommodate the anticipated traffic and single vehicle circulation. Landscaping & Wetlands Buffer Enhancement As previously noted, the proposal includes clearing a section of the site for the solar array. This includes clearing up to the 25’ buffer zone line for bordered vegetated wetland and in select locations crosses the buffer line. The entire cleared area, except for the gravel roadway, will be seeded with a commercial pollinator mix and allowed to develop into a meadow. It will be mowed only once or twice a year. In the areas where the clearing crosses the 25’ buffer zone line, the applicant proposes a buffer zone enhancement planting schedule. This buffer zone enhancement is under the jurisdiction of the Conservation Commission. The buffer zone enhancement proposes 4 zones (A, B, C, D) where plantings are proposed. The zones each have a proposed maximum height to reduce shade impacts on the solar array. The symbols as shown on the plan, represent a specific number of plants from that category to be planted in the area identified (A = 6 Zone A plants, B = 6 Zone B plants, C = 2 Zone C plants, and D = 2 Zone D Plants).

View from a pathway along southside of abandoned cranberry bog looking towards the approximate location of solar array

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The following chart lists the zone and the planting proposed for that zone:

Zone A (Max Height 12’)

American Hazelnut

Sweet Fern

Bearberry

Bayberry

Beach Plum

Low Blueberry

Zone B (Max Height 20’)

Shadblow Serviceberry

Sweet Pepperbush

Grey Dogwood

Witch Hazel

Staghorn Sumac

Nannyberry

Zone C (Max Height 25’)

Alternate Leaved Dogwood

Zone D (Max Height 30’)

American Hornbeam

Eastern Red Cedar

Black Cherry

Mountain Ash

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Snow Storage & Waste Receptacles Snow and ice are not typically required to be removed from the panels or electrical equipment. Plowing of the access road will be done as needed. Waste receptacles are not proposed and are not needed. Stormwater. The narrative submitted with the application provides a detailed analysis of how the project complies with the Massachusetts Department of Environmental Protection (MassDEP) stormwater regulations. Particularly how no significant increase in the rate of run off is generated as a result of the project for the required storm modeling. Per the request of the Conservation Commission, the applicant has provided revised plans adding a swale with an impervious core and check dams along one edge of the gravel access road. Utilities The electrical connection for the array is proposed to tie in under the adjacent railroad tracks. The connection will be made through directional drilling in order to not disturb the existing tracks or nearby wetlands. The electrical cables will connect from inverters under the solar array racks then run southwesterly from the array to a point and then northerly along the edge of the bog to a point where the connection will be made at the railroad tracks. Signage No signage is proposed. Staff recommends that signage providing 24-hour emergency contact information shall be installed at the entrance on Braley Road. Lighting A single light is proposed at the equipment pad, located at the west end of the access drive. No specifications were provided, however the narrative notes it will be shielded, downward shining, and have a night sky friendly fixture. The applicant indicates this light will rarely be on as most maintenance trips will be conducted during daylight hours. Further, the equipment pad/light is located over 800’ from the roadway. Review Comments As required under city ordinance, the case submittal documents were distributed to City Clerk, City Solicitor, Health Department, Inspectional Services, Engineering, Public Infrastructure, Conservation Commission, Fire Department and School Department. Comments were not received as of the publication of this report; any comments received will be made available at the public meeting. Master Plan Goal The proposal is consistent with the master plan’s economic development goal to: “Promote emerging business sectors in: renewable and green industries, medical device manufacturing, biotech and like sciences, and the arts.”1 Materials for Consideration The engineered plan submission is shown as “Proposed Ground Mounted Photovoltaic Solar Array & Underground Utility Interconnection on John Vertente Boulevard & Braley Road In New Bedford, MA” Dated May 29, 2020, last revision dated July 10 2020. Plans were prepared by Prime Engineering, in Lakeville, MA Richard Rheaume, PE. The plan set consists of the following sheets:

▪ Sheet 1 Cover Sheet

1 A City Master Plan New Bedford 2020 – Jobs and Business Section 5-1

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▪ Sheet 2 Existing Conditions Plan ▪ Sheet 3 Overall Site Plan ▪ Sheet 4 Detailed Drilling Plan ▪ Sheet 5 Solar Array Details ▪ Sheet 6 Buffer Enhancement Details ▪ Sheet 7 Pre-Development Watershed Map

▪ Sheet 8 Post-Development Watershed Map Staff Recommendations

Site Plan Approval. Having reviewed the submitted materials, planning staff offers the following recommendations for conditions to the Planning Board should it act favorably on the requested site plan approval for the project:

That the following specific conditions be applied to this decision:

1. Signage providing 24-hour emergency contact information shall be provided at the entrance on Braley Road and updated as necessary.

2. Any light fixtures shall be shielded, downward shining, and have a night sky friendly fixture. 3. Any changes to the plan as a result of Conservation Commission review shall be incorporated into this

decision and approved plans shall submitted to Planning staff to determine if the modification requires further board approval.

4. Items dumped on the property are to be removed and disposed of in accordance with the appropriate waste disposal regulations. Proof of disposal shall be provided in writing to City Planning prior to final CO.

That the following general conditions also be applied to this decision: 1. The project shall be completed according to the plans, notes, reports, and specifications submitted for

consideration and final approval by the Planning Board. 2. The project shall be undertaken in a manner consistent with the Memorandum from the Department of

Public Infrastructure received and placed on file and the Planning Board incorporates the DPI memo as part of these conditions.

Site Plan Criteria In considering Site Plan Approval for the proposed project, the Board must find that the plan meets a number of objectives identified in Section 5470 of the City’s (c.9) Zoning Ordinance including: ▪ Adequate access to each structure for fire and service equipment; ▪ Adequate provision for utilities and stormwater drainage; ▪ Site alteration shall be designed after considering the qualities of the specific location, proposed land use, the

design of building form, grading, egress points and other aspects of the development so as to: o Minimize cut/fill volumes, removal of 6” caliper trees and larger, removal of stone walls, displacement of

wetland vegetation, extent of stormwater flow increase from the site, soil erosion and the threat of air/water pollution;

o Maximize pedestrian/vehicular safety to/from the site; o Minimize the obstruction of scenic views from publicly accessible locations; o Minimize visual intrusion by controlling layout/visibility of parking, storage and outdoor service areas viewed

from public ways and residential areas; o Minimize glare from vehicle headlights and lighting fixtures; o Minimize unreasonable departure from the character, materials and scale of buildings in the vicinity; o Minimize contamination of groundwater from on-site wastewater disposal systems or operations on the

premises involving the use, storage, handling or containment of solid/liquid wastes and hazardous substances; o Ensure compliance with the Zoning Ordinance; o Minimize damage to existing adjacent public ways; o Promote orderly and reasonable internal circulation within the site so as to protect public safety.

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3. The applicant shall submit final plan revisions to the Department of City Planning in the following formats: one (1) -11” x 17” Plan Set and one (1) CD or USB with Plan Set in PDF format and shall ensure that these same plans are properly submitted to the Department of Inspectional Services.

4. The applicant shall ensure a copy of the Notice of Decision bearing the certification of the city of New Bedford City Clerk, signifying no appeal has been made against the project’s approval, be recorded at the Registry of Deeds.

5. The applicant shall ensure that a copy recorded decision be provided for the Department of City Planning Case file folder.

6. The applicant shall present any proposed modification from the approved plans for consideration to the Director of City Planning for determination as to whether the modified plan must return before this Board for further review.

7. The rights authorized by the granted approval must be exercised by issuance of a Building Permit by the Department of Inspectional Services and acted upon within one year from the date the decision was granted, or they will lapse.

8. The developer and site contractor must schedule a pre-construction meeting with the Department of Public Infrastructure prior to the start of construction.

Materials Provided by the Applicant are available at: https://www.newbedford-ma.gov/planning/planning-board-agenda-info-2020/ Staff Report prepared by: Jennifer Carloni, Senior Planner Reviewed by: Tabitha Harkin, Deputy Director City Planning

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St. Luke’s Hospital Campus WS Braley Road Map: 135 Lot: 46 & a portion of 9 NOTE: Property line is approximate; for discussion purposes, only. Aerial map is oriented north.

Proposed location of solar array

(approximate)