33
/'^q.\TERMONT StateofVermont Departnrent of Public Servlce uz State Street MonÞelier, VT o56zo-z6or htÞ://publtcsen ice.verrnonLgov lphoneJ 8oz-8e8-e8rr 8oz-828-442 8oo-zg¿-8ggo Faxl ttddl May 26,2017 Judith Whitney, Clerk Vermont Public Service Board 112 State Süeet Montpelier, VT 056204701 Re: CPG #16-0042-NMP - Application of Orchard Road Solar I Dear Ms. Whitrey: Enclosed for filing in the above-referenced matter, please find an original and one copy of the Prefiled Testimony of Jeremy Owens on behalf of the Deparûnent of Public Service. Thank you. Valentinefri Legal Assistant oc: Attached Service List t

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Page 1: ttddl VT Faxl I Re - Middletown Springsmiddletownsprings.vt.gov/wp-content/uploads/2012/03/J... · 2017. 6. 1. · /'^q.\TERMONT StateofVermont Departnrent of Public Servlce uz State

/'^q.\TERMONTStateofVermontDepartnrent of Public Servlceuz State StreetMonÞelier, VT o56zo-z6orhtÞ://publtcsen ice.verrnonLgov

lphoneJ 8oz-8e8-e8rr8oz-828-4428oo-zg¿-8ggo

Faxl

ttddl

May 26,2017

Judith Whitney, ClerkVermont Public Service Board112 State SüeetMontpelier, VT 056204701

Re: CPG #16-0042-NMP - Application of Orchard Road Solar I

Dear Ms. Whitrey:

Enclosed for filing in the above-referenced matter, please find an original and one copyof the Prefiled Testimony of Jeremy Owens on behalf of the Deparûnent of Public Service.

Thank you.

ValentinefriLegal Assistant

oc: Attached Service List

t

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CPC #I6-0042-NMP - SERVICE LIST

Stephanie Hoffman, Esq.Vermont Department of Public ServiceI 12 State StreetMontpelier VT 05620-260 Isteph. hoffinan@vermont. gov

Geoffrey H. Hand, Esq.Victoria Westgate, Esq.Dunkiel Saunders Elliott Raubvogel& Hand9l College Street - PO Box 545Burlington, VT 05402-0545 (for Applicant)shandôdunkielsaunders.comvwestsatelAdunkielsaunders.com

James DugganDivision for Historic PreservationI National Life Drive, Davis Bldg,6th FlrMontpelier, VT 05620-050 1

j ames.duggan@vermont. gov

Randy J. Miller, II, Esq.Vermont Agency of Natural ResourcesI National Life Dr, Davis 2

Montpelier, VT 05620-390 1

randy.mi I ler@vermont. govanr.notice@vermont. gov

David P. V/right, PresidentMiddletown Springs Historical Societyl0 Park Avenue - PO Box I l2lMiddletown Springs, VT 05757montvert@vermonte l. net

L. Brooke Dingledine, Esq.Valsangiacomo Detora McQuestenPO Box 625Bare, VT 05641lbrookelOvdmlaw.com(for Richard Spitalny, Ted & Dina Fitzpatrick' Peter& Aileen Stevenson, Neil & Thomas Russell, Karen &Robert Galloway, Daniel McKeen & Ellen Secord)

John E. Arsenault, ChairmanMiddletown Springs Planning CommissionPO Box 1232Middletown Springs, VT [email protected]

Karen Gutmann &Larry Springsteen290 West StreetMiddletown Springs, VT 05757orchardnub ians(âaol. com

Douglas Freilich & Julie SperlingPO Box l04lMiddletown Springs, VT [email protected]

Roy Cooper327 West StreetMiddletown Springs, VT 05757microv2O I 4tâvahoo.com

Elizabeth Cooper49 Rocks & Trees Ln - PO Box l0l I

Middletown Springs, VT [email protected]

Ed Bove, Executive DirectorRutland Regional Planning Commission67 Merchants Row - PO Box 965

Rutland, VT [email protected]

Green Mountain Power Corp.163 Acorn LaneColchester, VT 05446d rfô sree n mou n ta i noowe r. com

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STATE OF VERMONT PUBLIC SERVICE BOARD

CPG #16-0042-NMP Application of Orchard Road Solar I, LLC for a ) Certificate of public good, pursuant to ) 30 V.S.A. §§ 219a and 248, for a 500 kW ) interconnected group net-metered solar electric ) generation system in Middletown Springs, Vermont ) PREFILED TESTIMONY OF JEREMY OWENS ON BEHALF OF THE VERMONT DEPARTMENT OF PUBLIC SERVICE

May 26, 2017

Summary: Mr. Owens’s testimony concludes that Orchard Road Solar I, LLC’s proposed

Project would have an adverse impact on the scenic or natural beauty or aesthetics of the area (30 V.S.A. § 248(b)(5)). However, Mr. Owens testifies that with revisions to the landscape mitigation plan, the Project would not result in an undue adverse impact as further supported in the report entitled “Aesthetic Analysis Report” prepared by T.J. Boyle Associates, LLC.

Mr. Owens sponsors the following exhibits:

DPS-JO-1 Resume of Jeremy B. Owens DPS-JO-2 Aesthetic Analysis Report

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CPG #16-0042-NMP DPS Testimony of Jeremy Owens

May 26, 2017 Page 1 of 3

Q1. Please state your name, current employer, business address, and position. 1

A1. My name is Jeremy Owens. I am employed at T.J. Boyle Associates, LLC, Landscape 2

Architects and Planning Consultants, 301 College Street, Burlington, Vermont 05401. 3

4

Q2. What is your occupation? 5

A2. I am a professional landscape architect and my title is Associate Landscape Architect. A 6

copy of my resume is attached as Exhibit DPS-JO-1. 7

8

Q3. Have you previously testified before the Vermont Public Service Board (“Board”)? 9

A3. Yes, as noted in my resume, I have provided exhibits and helped prepare reports and 10

testimony in a variety of projects including solar, wind, and transmission. 11

12

Q4. Please describe the purpose of your testimony. 13

A4. My testimony presents the report entitled “Aesthetic Analysis Report” (“Report”) for 14

Orchard Road Solar I, LLC’s (“Orchard Road”) proposed installation and operation of a 15

500 kW ground mounted solar electric generation facility located on Orchard Road in the 16

Town of Middletown Springs (the “Project”), which was prepared under my direction. 17

Our Report describes the visual analysis undertaken by T.J. Boyle and Associates that 18

assesses visual change due to the Project, and determines whether these changes create 19

adverse or unduly adverse impacts to the visual character of the area. The Report 20

provides a detailed Project description and is included with this filing as Exhibit DPS-JO-21

2. 22

23

Q. Please describe the work you have performed with respect to the Project. 24

A. I performed a visual analysis to evaluate potential aesthetic impacts due to a proposed 25

500 kW solar electric generation facility on Orchard Road in Middletown Springs, 26

Vermont. The work is described in the Report that my firm prepared, which is attached 27

here as Exhibit DPS-JO-2. Included as appendices are Project maps and a photographic 28

inventory. 29

30

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CPG #16-0042-NMP DPS Testimony of Jeremy Owens

May 26, 2017 Page 2 of 3

30 V.S.A § 248(b)(5) – AESTHETICS AND SCENIC BEAUTY 1

Q. Please summarize your assessment of the Project’s aesthetic (visual) impacts with regard 2

to public views. 3

A. The assessment involved analysis of geographic information system data and viewsheds, 4

field investigation, review of topographic mapping, detailed design plans, and aerial 5

photography. The analysis found that the Project would not be highly visible from 6

surrounding public locations, but would cause adverse impacts to Wescott Road and 7

Vermont Route 140 (West Street). 8

9

Q. Please summarize your assessment of the Project’s aesthetic (visual) impacts with regard 10

to private views. 11

A. The assessment involved analysis of a series of private properties approximately 0.6 to 12

1.4 miles north/northeast of the Project and a seasonal camp near the northwest corner of 13

the Project. These residential properties are located at an elevation that is equal to or just 14

below that of the proposed Project. Not all of the residential homes will have unobscured 15

visibility of the proposed Project; however, much of the private land north of Route 140 16

will have visibility of the Project because the proposed Project arrays would ascend the 17

hill on which the Project is located. The existing intervening vegetation on and around 18

the site, which is typically less than 40 feet tall, would not be sufficient to screen the 19

proposed array from these properties to the north. 20

21

Q. What forms of mitigation does Petitioner offer? 22

A. The CPG application indicates that the Project has been located specifically in the lower 23

portion of the field. Additionally, Petitioner has offered a landscaping plan that includes 24

proposed additional plantings. 25

26

Q. Please describe your conclusions regarding the sufficiency of Petitioner’s proposed 27

mitigation. 28

A. As the Report describes in more detail, due to the elevation of the Project and the scarcity 29

of existing vegetation, a denser spacing between the proposed additional plantings would 30

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CPG #16-0042-NMP DPS Testimony of Jeremy Owens

May 26, 2017 Page 3 of 3

be more appropriate and effective at screening views from public locations. With regard 1

to private views, a more effective landscaping plan would utilize taller and more closely 2

spaced evergreens across the north and northwest portions of the Project. Finally, a more 3

effective landscaping plan would place the pines proposed east of the array closer to the 4

array and higher on the hill in order to decrease the amount of time needed to begin 5

screening the Project from Vermont Route 140. 6

7

Q. Will the Project have an undue adverse effect on aesthetics or the scenic or natural 8

beauty? 9

A. Not with revisions to the landscape mitigation plan. The proposed Project as a whole 10

would have an adverse impact on the scenic or natural beauty or aesthetics of the area. 11

However, with revisions to the landscape mitigation plan, the Project would not result in 12

an undue adverse impact. 13

14

Q. Does this conclude your testimony at this time? 15

A. Yes. 16

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landscape arch¡tects o pl¿nninB consultants

301 college street . burlington o vermont . 05401

MEMORANDUMTo: Stephanie Hoffman - Vermont Department of Public Service

From: Jeremy B. Owens

Dats May23,2Ot7

Re: Orchard Road Solar Project -Aesthetic Review for DPS

L Description

The Vermont Depannent ofPublic Sewice ('DPS') has

reained T. J. Boyle Associates

to perfomr ai independentaesthetic rerriew of a proposed500 k'ùü net metered solar arayin the tou¡n of MiddletownSptings, Vermont The OrchardRoad Solar Project (th"'?rojecC) is beingdeveþed byOrchard Road Solar I, LLC on aproperty located south ofïüescott Road in MiddletownSptir5, Vermonl The Projectis a proposed 500 ktüü (AC) net-metered photovoløic electdc

çneration facility and willinclude solarpanels mounted onfixed-tilt racking systems withdriven posts. The Ptoject willoccupy approximateþ 5 acres ofàî approximateþ 726 âcre

parcel. Panels will be grouped in* 11 rows nrnning east-\rrest

that will be approximately 9 feet Fþre 1- lrro¡nxd ^t\rray layout

allon thehþh side,andwill face

due south ât an approximât"ly 30 dçgee tilt The Project will be enclosed by a7- to 8-foot all fixed-knot

mesh fence with wooden posts. The site will be accessed ftom \üescott Road by a new l2-foot gravel dtive

that connects to the nofhwest corner of the fenced atea. The general arrangement of the Proiect is

illustrated in Figue 1.

Electrical output ftom each of the panels will be connected to one of sevetal string inveters, located

throughout the array. The stdng invertes would be located on the north side and beneath the panels, and

would be either ground mounted ot attached to the racking system. Ftom the invertets, AC output would

Exlrthg Ovrrhcsd Elccùþand Poh

tl€w Poþ mdPoht ol lnleroomedbn

ÎùrY O\r€rhead EþcûlcUn BnduptadcdPolcù

Propoo€d Accaro Roadand Undorground Eloctrþ

Approxlmata Exlont olPropocôdArrry!

phone (802) 658-3555 . T. J. Boyle Assoc¡ates . www.tjboyle.com

Exhibit DPS-JO-2 1 of 24

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Orchard lìoacl Solar Projcct - Iìcvicrv for DPS Pagc 2 of 17

bc convel'cd through undcrf+ouncl lincs to a concretc cquipmcnt pad located at the northwest colïrcr ofthc fcnced ì)rojcct atea. 'lhe lincs rvould procced underglound to thc northcast and thcn risc abovc gïoundat a new pole location along \ü/cscott Road, whcrc tlucc ncw 167 kVa transformers would bc placcd on anew polc, which would serr¡e as the intcrconncction point with thc cxisting Grcen l\{ountain Powcrdistribution systcm. lJxisting structurcs and lincs betwecn thc intcrconncction polc and Orchard lìoad willbc upgraded to câlry a thrcc-phasc circuit.

il. Methodology- Quechee Test

At the time of thc Orchard lìoad Solar Projcct filing for a (lertificatc of Public Good, thc Vermont PublicSen'icc Board applied the Qucchec Ânalysis in Section 248 procecdingn

^..oidi.,g to thc following:

In ordcr to reach a dctcrmination as to whether thc ptoject will havc unduc adr.erse effect on thcaesthctics of the area, the lloard employs the nvo-pat test 6rst outlincd b)' the VermonrEnvironmenøl lJoard in Quechee, and further defined in numer<¡us othcr decisi<¡ns.

Pursuant to this ptocedure, first a determination must bc made as to whether a projcct will have anadverse impact on aesthctics and scenic and natural beauty. In ordcr to find that it will have anadverse impact, a project must be out of character with its surroundings. Specific factors used inmaking this cvaluation include the nature of the project's sunoundings, the compatibility of theproject's desþ with those surroundings, the suitability of the projcct's colors ancl materials withthe immediate environmeng the visibility of the project, and thc impact of the project on opensPâce.

'fhe next step in the two part test, oncc a conclusion as to the adversc cffect of the project has beenreached, is to determine whether any adverse effect of the project is "undue." An adverse effect isconsidered undue when a positive finding is reached regarding any one of the following factors:

1. f)oes the project violate a clear, written community sandard intcnded to preserve the aestheticsor scenic beauty of the area?

2. Have the applicants'failed to take generally available mitigating steps which a reasonal¡le personwould ake to improve the harmony of the project with its surroundingn?

3. l)oes the project offend the sensibilitics of the average person? Is it offensive or shockingbecause it is out of charactcr with its surroundinç or signiûcandy diminishes the scenic qualitiesof the area?

Our analysis, however, does not end with the results of the Quechce test. Instead, our assessmentof whether a particulat project will have an "undue" adverse effect on aesthetics and scenic ornatural beauty is "significantly informed by overall socical bcnefits of the project." Petitions of lbe

Vetmont El¿clric Power Companl, Inc. (VELCO), Vamont Trunvo, Dockø No. 6860, Vt. Pub. Seru. Bd.

(an. 28, 2005) at 79 (þotnotes oninea).

'I'. J. Boyle Associates inteqptcts thc first prong of thc Quechee test to first rcquire an assessmcnt of the

projcct's visibility. .{lthough the Quechee'I'est lists visibility of a project as a "specific factoÌ' for evaluation,visibility esablishcs the underlþg method for which all visual aesthetics are cvaluated to comply with the

Purpose of the Quechee 'l'est. For instance, a project's desþ, matedals and colors may be completely outof character with its surroundinç, but if such project is not visible to the general public (or "averageperson'), then there would be no adversc visual effect Likewise, when a projcct is dctcrmined to be out of

phone (802) 658-3555 . T. J. BoyleAssociates . www.tjboyle.com

Exhibit DPS-JO-2 2 of 24

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Orchard lìoad Solar Profcct -lìcvicrv for l)PS Page 3 of 11

charâcter with its surroundings, one solution that the Quechce Test offcrs to mitþte this is to visually

obscure the project with landscape mitþtion or other screening, which itself is a simple reducdon orocclusion of project visibilig'. In this way, 'I'. J. Boyle Âssociates interprets the first prong of the Quechee'I-est to be asking, 'lVhat is the projcct's visibiliq', and is that visibility out of character with its sunoundings?"

In our cxpedence, if the Quechee 'l'est were not inteqpreted in this wa)' then a given project could be

considered advcrse even if it was completeþ invisible to surrounding areas, which rvould be an unrcasonable

inteqpretation and inconsistent with the purpose of the tcst.

Our studl' arcz for visibilig'of solar genetation facilitics tends to cxtcnd approximatcly two milcs from a

projcct location. 'lhis distance tclls us whether a givcn project is, or is not, r'isible ftom prominent orpr,otccted locations in the study area, or, perhaps more importantly, if a project itself is in a prominent orhghly visible location. Wc may find that a project has an adverse effect on a particulat vicwpoing but that

thc projcct does not have an adverse impact on the surrounding ^re

as a wholc.

In conducting this Quechee Analysis and preparing this memo, thtee distinct methods have been used: (1)

bacþound data collection, (2) GIS viewshed analysis mapping, and (3) field invcstþtion. '.[he GIS

viewshed mâpping and ficld investigation are used to idcnti$' areas with potential visibiliq' of the Project.'lhe background data and field investigation are used to determine the character of the studl, ¿¡6¿. Âll three

methods arc uscd to evaluate whcther there arc in fact 'adverse' impacts and if so, whether those impacts

could be considcrcd 'undue.'

Attachcd to this memo arc three maps: an ac/ra.l context map, topographic viewshed map and a vegetated

viewshed map (Appcndix A, Maps 1-3). A.lso atachcd is a photogtaphic inventory of locations investþtcdduring field work (Appendix I3). Photograph viewpoint locations are indicated on the mapping. It should

be notcd that GIS viewshcd mapping is a preliminâg, -""nr of visual analysis. !Øhle beneficial forpreliminary oricntation and invcstþtion, because of daa assumptions and omissions, r'iewshcd maps tend

to overestimate visibility and are not a dcfinitive indication of actual visibility. Potential visibiliq' necds to be

confirmed through field investþtion and/or other visualization techniqucs.

III. Quechee Test Part I -Evaluation of Adversity

As noted above, GIS rúcwshed mapping was utili'zed as a preliminary evaluation method. Ficld investþtionfound rhar bccause of the surrounding screening topography and vegeøtion, thc GIS viewshed slightly

overstatcd visibility, and potcntial r.iews of thc Project would be mainly ftom limitcd segments of \ùTcscott

Road, Orchard Road and Vermont Route 140 (West Street). Otherwise, the asscssment of visibilityconfirmed that the Project would not be hbhty visible from surtounding public locations. 'lhe atached

photographic inventory (Appendix B) includes views from the locations that wete i¡vsstigated dudng the

site r.isit, which help to illustrate the charactet of the ¿tea.

Wescott Road I Adverce'Ihe adjacent portion of !üescott lìoad is a class 3 unpaved town hþhway less than a mile in length, and

connects Orchard Road to the cast with low-density rcsidendal uses to the west. \ùl/cscott Road traverscs

the lowcr portion of a hilly landscape, and is elevated roughly 200 feet abovc the nearby Route 140 valley

to the north. South of Wescott Road, the landform condnucs to rise another 1,000 feet to Coy Mountain.

Near the Project, the road is characterizcd by an abandoned apple orchatd and sloped mcadows on either

sidc of thc road. 'Io the west of the site, the road enters â mature forest and accesses limited low-density

residential uses.

phone (802) 658-3555 . T. J. Boyle Assoc¡ates ' www.tjboyle.com

Exhibit DPS-JO-2 3 of 24

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Orcharcl lload Solar l)roicct - l(cvics' for l)l)S l)agc 4 of 1l

r\t thc closcst location, thc Project rvill be sctback o\¡cr 100 feet fiom thc cdge of \ùTcscott lìoad. Irieldrcview revcalcd that thc proposed ârra)ts would bc intcrmittcntll,l{5¡51" from thc road whcn looking south,with ncarby brush screcning somc of thc vicw from thc x>ad clcpcnding on location. Iìor lxrth castbouncland wcstbound travclcrs along Wescott lìoad, r'isibiliÐ' of the Projcct would bc possiblc for a distancc ofapproximatcl1, 625 fcct. At 20 milcs pct hour, this cquatcs to approximatal5, 27 seconds of limitcd potcntialvisibility of the amay whcn boking towards thc south. Vicws of thc anays from the road arc cxpccted to bebackgtoundcd by thc existing trcc maturc forcsr canop)' furthcr south and up thc hill (scc Åppcndix lì,Viewpoint 1. Âlso sce lixhibit ORS-MK-2 lùgurcs 5 and T, Photo l,ocations Ii, I,J and Ç.

'Ihc proposed upgtadcs to thc cxisting stn¡ctul'cs alongWescott lìoad and the ncw pole with thrcc 167 kV,Àpolc-mounted transformcrs would also bc visible for travelcrs on \ùücscott lload. Visibiliq'of these proposedstructulcs would appear similar to othcr roadside distribution structures and polc-mounted transfornerslocatcd along ncarby lloutc 140, as rvcll as along roadsidcs throughour Vermont.

Overall, whcn viewed from \ùTcscott Road, the Projcct would be partially screened by cxisting vcgctation.Ât a dulation of about 21 seconds whcn viewed from vchiclcs, r'icws of the proposed arrays would berisiblc at a distance of more than 100 feet away. Howcvcr, thc Projcct would deviatc from thc cústinglandscape character, which consists mainly of the abandoned apple orchard and hillside mcadows. I.br thescrcasons, the Project is considercd advcrse to vicws from \ùØcscott lìoad.

Otchard Road I NotAdverceOrchard lìoad is a class 3 unpavcd town hþhway approximately 1 mile in lcngth, and connccts l{oute 140to thc north with Coy Hill Road to thc southeast. Orchard lìoad ttaverscs thc lowcr portion of a hill)'landscape, and acccsses low-dcnsity residcntial uses along its lcngth. Southwcst of Orchard lload, thelandform continucs to rise approximately S00 fcct to Coy Mountain. Near the Projcct, thc road ischaractenzed by the abandoned applc orchard and mcadows on cither sidc of the road, somc of which arebeginning to naturalizc.'Io the southcast of thc sitc, thc road entcrs a more mature forcst as it continues toCoy Hill Road.

.r\t the closest location, the Projcct will bc sctback over 350 feet from the edgc of Orchard lìoad. Iiieldrcview revcalcd that any view of thc proposed anays from Orchard Road would be partially scrcencd bythe remaining apple trees and vegetation that grows alongside the road, as wcll as some inten'eninglandform. Iimited and intcrmittent vicws of the proposed affa)¡ structurcs from Orchard lìoad would bepossible for southbound viewcrs for a combined distance of approximately 1,500 fcct, including ncar theintcrcection with Vermont Route 140. Åt 25 milcs pcr how, this equatcs to approximately 40 scconds oflimited potential visibility of the northem side of the arrays. Northbound vicwers would also have limitedand intermittent views of the proposcd array structurcs at 90 degrccs to the direction of travel, totâlingapproximately 660 feet in length, or 18 scconds at 25 milcs per hour. Any view of the arral's would bebackgrounded by the existing hillsidc and vegetation that lies wcst and south of the Projcct arca (see

Âppendix I), Viewpoints 2 and 3. Also sce Exhibit OILS-MK-2 Figures 4 - 6, Photo l¡cations l), E, Iì, G,and FI).

'fhc proposcd upgrades to the cxisting structures along\ùTescott road and the new pole with three 167 kVApole-mountcd transformers would also potentially be visible for travelers on Orchard Road, including ashucture at thc intcrsecdon of thc two roads. Visibility of thcsc proposcd structules would appear similarto othet roadsidc distribution structu-rcs and pole-mounted transformcrs located along ncarb)'Route 140,as wcll as along roadsidcs throughout Vcrmont.

phone (802) 658-3555 . T. J. Boyle Associates . www.tjboyle.com

Exhibit DPS-JO-2 4 of 24

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Orchard lìoad Solar Prof ect -lìcvies' for l)PS Pagc 5 of 11

Overall, when vicrvcd fr',om Orchard lload, the P¡ojectrvould be significandy scrcencd b1' existingvcgctation

and landform. r\ny views of thc proposcd affâ)rs rvould bc lelativel)'bricf in nâtu1€, and visiblc at â distance

of morc than 350 fcct arval'. 'Ihe inten'cning scrccning vcgetation along Orchard Road and east of dre

Projcct arca ptc\¡cnts signiÊcant visibiliq' of thc site, and the proposed arral' rvould not be a maior clcment

in thc landscape, where visible at all. Iìor these reasons, the Projcct is not considered adverse to vicrvs from

Orchar'd lìoad.

Vermont Route 140 (West Sreet) | Adverse

Vermont Route 140 is a class 2 paved two-lane highwa¡' that connccts Poulmcy to thc west with MountHolll' ¡6 rhe east. In the vicinig' of the Project, Iloute 140 is characterized by low densiq' agricultural and

residcntial uscs along either side of thc road, with visibility of agricultural fields, mcadows, large metal

agticultural buildings and structures in the valley, and mostly forested hillsidcs in all dilcctions.

At the closcsr locarion, thc proposed attays are located approximatcl)' 1,830 fect from thc cdge of lìoute140. Field review rcveale<l that views from Route 740 arc limitcd to the arca immediatcly around the

interscction with Orchard Road 1,830 feet north of the proposed arca1,, as well âs âreas northcast of the

Project bctwcen approximatel)'3,900 and ó,100 feet away from the proposcd affays (scc Appcndix.A, Map

3). Near thc intersection with ()rchard lload, r'iews of the arrays ftom Route 140 would be at 90 degrecs to

the direction of travel, elevatcd on the hillside, and so brief as to likely be unnoticed by qpical travclcrs onthe road (see Appendix Iì, Viewpoint 2). Most visibiliÐ' from lìoute 140 is likcly to occur for westbound

travelcrs whcn viewing from northeast of the proposcd artay, wherc thc Project would be visible on the

hillsidc to the southwest, backgroundcd by the ddgclinc beyond. Whcn traveling wcst through this area,

visibility of the Projcct will be rclatively unobstn:ctcd for a total of approximately 1 ,450 lincar feet, and then

screcned by intermittent rcradsidc or inten'ening vegeation fot a total of apptoximately 600 fcct (sce

Appendix B, Viewpoints 4 and 5. Also scc Flxhibit OllS-MK-2 Figures 3 - 4, Photo Locations Â,I1, and

D). \øith a spced limit of 40 miles per hour, the toøl lcngth of unobstructed visibility equates to

approximately 25 seconds where thc northeast sidc of the array structurcs will be visible on thc hillside, and

approximately 10 seconds of additional intermittcnt visibility. Othcr minor visibility immcdiately wcst ofthis area may bc possible during leaf-off conditions.

Thc proposed upgrades to the existing structurcs along\Wescott road and the new pole with three 167 kV.A.

pole-mounted transformers would also potentially be visible for travelers on Route 140. Visibilig' of these

proposed structures be somewhat distant, ¿nd would appear similar to other roadsidc distribution structurcs

locatcd along Wescott Itoad and Route 140 itself, as well as along roadsides throughout Vcrmont.

C)r'erall, whcn viewcd from Route 140, thc Project would be exposed to portions of the road at an elevatcd

location, and only visiblc for westbound travelers. At a combined duration of about 35 seconds when

traveling 40 miles per hour, any views of the proposcd arrays would be visible at an elq'¿ted location, within

thc t1'pical conc of vision for wcstbound travelers, and at a distancc of more than 3,900 fcct away. Althoughthc northeast side of the arrays would be visiblc, potentially blcnding somewhat with thc existing field and

matching some of the materials on the nearby agricultural buildings, the view of the ú:.ay on the hillside

would be a change from the existing view, and somewhat out of character with thc eústing conditions. Iror

these reasons, the Projcct is considercd advcrse to views from Vermont Route 140.

Other Surounding Roads and Public A¡eas I NotAdverse

During the field teview of the proposed Project, it was observcd that the potential visibility indicated on the

Vegeated Vicwshed Map (scc Appendix Â, Map 3) was sþhtìy overstated, and visibility ftom surrounding

roads and rhe vast ."jotity of the study area is relativeþ limited or not possible. In particular, portions of

phone (802) 658-3555 . T. J, Boyle Associates . www.tjboyle.com

Exhibit DPS-JO-2 5 of 24

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Orchard lìoad Solar ì)roicct - lìcvicu' for I)PS Pagc ó of 11

Iloutc 140 northwest of the Project site, Norton lì.oad, Coy Hill Road, Iluxton Avcnue, ancl the cemetel¡off of St. Anne's LanefPleasant View lìoad would all have limited or no views of the Projcct. Other roadsand public locations in the study arca would not ha\¡c views of the Project, or views would be so highlyobscured as to not be noticeablc. $ühere visible, the proposcd arrays would havc similar materials to nearbl'metal silos and agricultural buildings curtently visible in the surtounding landscape. Iìor these reasons, theProject would bc compatible with the atea at large, and would not create advcrse impacts from the majorig'of surrounding roads and public views within the study area.

Private Properties'lhere are a sedes of private properties located approximately 0.6 to 1.4 miles north/northeast of the Projectsite that would potentially have a view of the north side of the proposed anay structures. 'lhere is anadditional seasonal camp ncar the north¡vest comer of the Project, which is accessed from \üescott Road.'fhese residential locations are located above the elevation of Route 140, and can be generally described as

at an eleration that is equal to or just below that of the proposed Project.

Not all of the residcntial homcs will have unobscured visibility of the proposed Projcct structures; however,much of the prirrate land north of Route 140 s'ill have'r'isibilitl'of the Project, including the private SundogI-ane and undeveloped ûelds. llecause the proposed Project affays would ascend the hill on which theProject is located, the lowest portion of the anays would be approximately 62 feet below the hþhest portionof the arrays. The existing inten'ening vegetation on and around the site, which is q'pically less than 40 feettall, would not be sufficient to screen the propose d anay fiom these properties to the north. (See AppendixI3, Viewpoints ó through 11).

Suitability of Colors and Matedals for the Proiect1'he Project materials and colors will be dark blue photovoltaic panels, glvanized metal array frames, blackpainted metâl posts with agriculrual-style mcsh fence. Other similar matedals currently exist in the nearbyareas, including the existing metal conductors and wooden poles of the electric line that parallels Route 140north of the Project. Agricultural buildings with galvanized roofs and associated mesh fences with woodenposts that are northeast of the Projcct are more visible than the Projcct elements would bc, and includecolots and materials that stand out from the environment. For these reasons, the Project's colors andmaterials are considered suitable to the surroundinç.

Impact on Open Space

Act 250 and Section 248 do not clearly define what is meant by the term "open space", and the RutlandIlegional Plan, adopted June 76,2075 ('Regional Plan'),t and the New Haven Town Plan, proposedDecember 7,2017 ('Town l>lzn')2 do not clearþ define what open space is, where it is located, or howimpacts to open space should be described or ev¿luated. The Regional Plan does tnclude language indicatingthat "active farmlands provide open space and scenic views as well as aland use tradition chatacteristic ofrural Vermont'' (Itegional Plan at 726),but the Project arca and status as an abandoned field/orchard wouldnot necessarily ñt this description.

Assuming that the Project location and immediate surroundings are to be considered as being open spacefor the purposes of this review, then it should be noted that the Project site is generally screened by existþgvegetation and landform unless viewed from adjacent portions of \ùØescott Road, Orchard Road, and Route140. Although the Project is set within the context of a landscape chxactenzed by nearby agriculturalbuildings with galvanized metal materials, the site's location is on an elevated field within views of the

t ht tp ://www. ru tlo nd rpc.orq/ru tl o nd reg io n o I pta n. ph p2 http://middtetoutnsprings.vt.gov/wp-content/uploods/2012/03/mts'proposecl-town-pton-20L2-bw-sons-mops.pdf

phone (802) 658-3555 . T. J. Boyle Assoc¡ates . www.tjboyle.com

Exhibit DPS-JO-2 6 of 24

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Orchard Road Solar Proicct -Iìcvicrv for l)PS Page 7 of 11

sufiounding forested hillside. For thcse lrasons, the impact to open space b)¡ the Project would be

considercd adverse from the perspecrive of the general public.

Summary'fhis review of potential acsthetic impacts found that the proposed Project is visible from tluce public roads

in the study arca, and the Project is located in a moderatcl¡'els1'¿¡s¿ location.'I'he colors and materials would

bc comparable with nearby development and adjacent utility infrast¡ucture, and the impact on oPen space

could bc considered adverse, assuming the Project location is dcfined as open spacc. 'fhis revicw has

determincd that the Project will result in limitcd adversc impacts to the aesthetics and scenic and natural

bcauq' of thc arca. 'l'herefore, we have ptovided an analysis of the Projcct under the three Prongs of the

second part of the Qucchce'f'est, as follows.

fV. Quechee Test Part II -Evaluation of Undue Adversity

Community St¿ndards

Although Scction 248 docs not requirc local permitting of projccts sceking a Certificatc of Public Good,

local plans and rcgulations arc rcviewed under the second part of rhe puecbee anall'5is (describcd in Section

II of this Report) where it has bccn determincd that a project may harre a potential adversc visual impact.

l)ndetpuechæ,this involvcs an assessmcnt as to whcther or not a ptoject violatcs a clear, written communiq

sandard intcnded to prcscrve the aesthctics ot sccnic beauty of thc area. 'lhc Public Sen'ice Board has

prcvious\' concludcd that "[i]n ordcr for a provision to bc considered a clcar, wdttcn community standard,

it must be 'intended to presen'e thc aesthetics or scenic bcauty of the arca' where the proposed proiect is

located and must apply to specific resourccs in thc proposed project arca" (Petition of Ceoryia Mountain

ComnuniE lWind, IJI,, Docket No. 7508, Oder of Vt. Prb. Sent Bd. Jun. I l. 20/0 at 52). ^Ihere, the Board

clariûed that "'fhe general scenic resource protection policies contained in thcse documcnts are not focused

on a particular scenic resoruce and, in any case, do not offer specific guidancc or measì.¡res to protect that

rcsoì.üce. 'fhereforc, we conclude that thc rcgional and town plans do not set forth any clear, wdtten

community standards" (d. at 5). More reccndy the Board has further clariûed that any such standard must

expressly "desþate thc þroject] parcel as a sccnic resourcc wotthy of protection." Petilion of futland

Renepabl¿ Energ,lJ-C,l)ocket No. 8188, Ordet of 3/11/15 ât 85-86.

For the Orchard lìoad Solar Project, the Regional Plan and Town Plan were rcviewed to determine if the

Project would violate a cleat written community sandard. Some language of these plans Pertaining to

aesthetics or the Project site are as follows:

REGIONAL PI-A\I.Active farrnlands provide open space and sccnic views as rvell as a land usc tradition characteristic of rural

Vermont; S.egional Plan, p, 12ó)

Chapter 14: Wildlife and Natural Habitats

Scenic Resoutces

The Rutland Region has an abundancc of hþhly sccnic resources thanks to a landscape that is dominatcd by

rug¡cd mountain ranges, clear streams, and fcrtile valleys. 'I'wo mountain ranges transect the lìegion, thc

Green Mountains and the'faconic Mountains. I(llington Peak in the Grccn Mountains is the sccond highest

in the statc.

Much of the Rcgion's mountainous areas arc part of thc Green Mountain National fìorcst including the

unique cliffs of the White llocks National Recreation A¡ea.

phone (802) 658-3555 . T. J. Boyle Associates . www.tjboyle.com

Exhibit DPS-JO-2 7 of 24

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Orchard lìoad Solar Projcct - Iìcvicrv for l)PS Pagc 8 of 1l

'l"hc Rutland llcgion also fcaturcs picruresque lakes, ponds, wctlands, pools, waterfalls, and marshcs. 'lhclargcst lakcs are lJomosccn, St. Catherine and I'Ialfmoon. 'lhe major river is the Otter Creck which runs southto north through the lìegion. 'lhere is also Class II-III whitcrvatcr in a surtch of thc Clarcndo¡r llivcr andsomc thrilling falls at Vcst lìutland.

Änother distinguishing feature of the llegion's sccnery is its agricultural lands. Manl' of thcm occupl' thevallcys between thc two mountain rangcs while others cling to the Rcgion's many hillsides.

'lhese scenic rcsources have not onll' ¿¡6"ar"¿ numer()us residents over timc, thcy also are a major draw forI'isitors and a vital part of the llegion's cconomic rvellbeing. (llutland lìegional Plan at 128)

Rutland RPC Goals

NewDevelopment

No land development should bc promoted rvhcrc thc cffect of the proposcd use unnccessarily impacts hþh\,sccnic landscape, ecologically scnsitivc lands, or irrcplaceable natural resources. 'Ib do so would bcincornpatible with land usc policies containcd in the lìegional Plan. (lìcgional Plan at 134)

Chapter 16: Energy

What Municipalities May Not, May and Shall Do in.Regulating Energy Devclopment

(24 V.S.A. Chapter 11|N{unicþalities may, trnclcr local land rrse rcgulations and thc Municipal Plan:

Provide clear writtcn standard to prcseffe the acsthetics or sccnic beauty of an arca and identiñescc¡nscrvation needs, ordcrþ development, and is based on "Qucchec Änalysis" legal prccedcnt. (lr. 159)

Specific scenic rcsources are mentioncd in various parts of the Regional Plan, though there is loose languagethat agricultural lands on hillsides could be considered a scenic resourcc (p. 128).'Ihe Appalachian NationalScenic Trail is over 10 miles to the east (p. 110).'fhe Lower Clarendon Gorge Srate Forcsr provides da1' ur.access to natual water features and scenic arcas is o\¡er 10 miles to the northeast þ. 109). The PoultneyRiver, which extends tht""gh the Project area, has a segment that has been desþated an outstânding watcrresorüce because of its exceptional natural, scenic and cultural valucs (p. 140), but this desþated portion isnot within the study area.3 Vcrmont Route 30 benveen Hubbardton and Manchester is desþated the StoneValley By*^y Gl261),but is not wirhin the study area.

In general, the Regional Plan covers a wide range of topics for the region including land use, housing,economics, cultural resotuces and other community issues. It clearly recognizcs the imporønce of scenicrcsotuces within the region and, as noted above, lists some of the most outstanding resources. However,as is often true of Regional Plans, encoì.uâgement is offered for the constituent towns to review their ownneeds and desires, and thete arc raely any specific guidelines for scenic quality control. 'Ihe Regional Planitself does not provide clear written standards on avoiding or mitþting a proposed project from sccnicresources, and at most it states that nerv development should not ufftecessady impact hbhly sceniclandscapes (p. 134). Based on this review, the Ptoject does not impacr any hrghly scenic landscapesspccifically noted in the lìegional Plan.

TOWN PLANChapter I: Town Bacþround Information

A.'lhe Pasg Present and Future

3 https://onrweb.vt.gov/PubDocs/DEC/Dec¡sÌons/wrp/1991/orw90 01,dec.pdf

phone (802) 658-3555 . T. J. Boyle Associates . www.tjboyle.com

Exhibit DPS-JO-2 8 of 24

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Orchard lìoad Solar Proicct -llo'icu' for DPS Pagc 9 of 11

¡\ction Goals:'l'he follorving actions addrcss drc tneans to achievc dris:

Prcserve unique and/or valuablc rratural, cultural, and historical arcas (fou'n Plan at I

Chapter II: Land Use

¡\. Oven'ierv'Ihe pcople of Middletown SptirS want the'l'os'n to keep its traditional rural character. 'I'he prescn'ation

of agriculturc, thc protcction of sccnic ridgelines, and a compact village hub arc intcgral to the character ofthe Torvn. Futurc land use should maintain thesc qualities.

Ovcrall Iand Use Goals:

l. Continuc the historic pâttcm of a compact villagc surroundcd by open countryside.

4. Ictcnti$ ând protect areas of ecological significance and prcsen'e thc mosaic of forest and

rneadow that surrounds the'Ibrvn ccntcr with special emphasis on maintaining oPen space.

5. Protect ridgclines from development for aesthetic, ecological and safet¡' rcasons. (Ios'n Plan at

11)

E. I{ural .Areas'lhc rural arca is defincd as the lands around the r'illagc, extending to slopcs too stccp for agriculturc. (Sce

"I.'uh¡rc Land Usc" map) It includes all farmland, residential lots outside thc village, and forestland' Manl'

oldcr propcrties are listcd in the Vcrmont State ltegistry of I Iistoric Places. Ågricultural uses include but are

not limited to daþ, beef, horses, small n¡minants, crops, maple s1'rup, fruit, and logging.

Goal: Maintain attractive countrl side with large tracts of opcn land in diversificd agriculrural uscs.

Stratcgies:

3. f.bstcr awareness of private or foundation funding to purchase conservation casemcnts and

dcvelopment rþhts of prime agticulnual and scenic lands. (fown Plan at 18)

In review, thc'l'own Plan notes thc importance of the town's scenic quali$, commonly in reference to the

rural and agricultual character of the town. 'lhere are several generalized statements and goals wrthin thc

town plan that scenic resourccs should be protected. Howevet, thcre are no specific policies includcd to

prcser.\¡e thesc resources. At most, the Town Plan has an overall land usc goal to "identify and Plotect areas

of ecological significance and preseffe thc mosaic of forcst and meadow that surtounds the Town center

with spccial emphasis on maintaining open space" (l'own Plan at 11). However, it is unclear whethcr these

areas nced to first be identified, whcther they would immediatcly surround thc'Iown ccnter, and what

cxactly thc open space is to be presen'ed'

Based on this review of the Regional Pl¿n and'l'own Plan, the proposed Proiect would not violâte any

clcarþ written community standard intended to preserve thc aesthetics or scenic beauty of the area.

Anaþsis of Mitþating Elements

Âs previously discusscd, the Projcct's location is elevatcd above the nearest suffounding roads, particularly

Weicott Road, Orchard Road, and Route 140. Mitþtion elements provided with the CPG application

include:

. 'fhe Projcct has specifically bccn located at the lowet portion of the field, close to \ùlcscott Road.

o d landscape plan was prepared that includes the use of thtce gpes of plantin$ - 29 white pine,7

sugar maple, and 11 serviceberry trces (sce exhibit OI{S-MIÇ2 Figue 10).

The proposed site is surrounded by thin existing vegetation and old-growth apple trees from thc

abanãonãd orchard. 'fhe proposed landscape mitigation plan involves field-locating eastern white

pines on the east, north and west sides of the arrays, as well as planting additional sugar maples and

phone (802) 658-3555 . T. J. Boyle Associates ' www.tjboyle.com

Exhibit DPS-JO-2 9 of 24

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Orchard lìoad Solar Projcct - lìcvicu' for l)PS Pagc 10 of 1l

scnriceberr)'trces on the north sicle r¡f the âÍra1, þs¡y.cn the fcncc ancl Wcscott lìoacl.'I'hc u,hitc pincsPâcing as s1,¡¡þçr¡red on thc landscape plan ranges from 20 to 30 feet or morc, sugar maple spacingis approximatel)'35 fcct, and sen'icebcrrJ' spacing rangcs from about 77 fect to 45 fcct.

Considcring that the sitc is somcwhat clc'r'atcd above both public and privatc locations from which itis visiblc (lVcscott lload, Orchard lìoad, Iì.outc 140, and privatc propcrry furthcr north), andconsidering that the existing vegetat-ion to remain is somewhat sparse, a denser spacing betwccn thcproposed plants would bc more appropriate and effcctirrc at scrcening views from thcsc publiclocations. Additionally, the privatc residcntial propcrties would have visibiliû' of the norrh side of thcarrays âs thcy ascend the hill to the south. llascd on ân analysis of the privatc properq' elevation, insomc cascs trecs woulcl need to bc approximatcly 58 fect tall in order to screen the upper ârrays at thehigh cnd of the Project. Whilc the use of sen'iccbcrq' along the north side of thc Projcct ma)¡ besomcwhat effcctive for screening views from V/escott Road, the proposed spacing, deciduous naturc,and mature hcight of scrviccberrl, çror1¿ not bc cffectiye at scfcening the pfoposed arra),s fromrcsidential properties to thc north. Â more cffectivc landscaping plan would utilize tallcr and morcclosely spaccd e\¡ergreens across the north and northrvcst portions of thc Project.

'I'hc whitc pines proposed cast of the arra)r te help scrcen views from lloute 740 woulcl takeapproximatcl5, 20 )¡ears to becomc tall cnough to begin screcning the Projcct (see OllS Response toDPS Rl I)iscovery, Qucstion 7). It should bc noted that these white pines arc proposed approximately160 feet east of the nearest a:.ray panels, and at an elevation that is 20 to 30 feet lowcr than the eastportion of thc array. Â more effective landscaping plan would placc thc pincs closcr ro thc array (andhigher on thc hill) in ordcr to dccrcase amount of time necded to begin scrccning the Projcct fromVermont lloute 140.

Shocking and Offensive

When evaluating whether a project would offend the sensibilitics of the â\¡erâge person, the criteria to makethis asscssment is telatcd back to the fust part of the Quechec 'lcsü how thc project 'fits' within itssurroundings. ,{,n'average person' is considered a disinterested or neutral party, not an affected neþhbor.'Ihe thteshold fot a project to be shocking or offensive is generaþ considered hþh, and a project wouldneed to be entirely inconsistent with thc surrounding land uses or exceptionally out of scale with thesurroundings.

'I'he evaluation of impacts found two areas where a view of thc Project would be considcred adverse, andfrom these areas the Project would bc visil¡le at a somewhat elevated location, in particular ftom Route 140westbound. Where visible from public vantage points, views of the Project elements would be in the conrextof a foreground landscape charactenzcd by agdcultural buildings *ith galvanized metal materials as well asroadside elcctric distribution infrastructurc. For thc vast majotity of the srudy areâ, the Project elementswould not be visible from public locations.

A landscape mitigation plan, though limited, has been prcparcd for thc Project. ,ô,ssuming that the mitigationplan is revised to include denser and taller species across the north and northwcst of the Project, and closercvergreen vegeadon along the east side of the Project, it is cxpected that the proposcd Project would notbe found to be shocking or offensive to the averagc person, cspecially as the mitþtion plantinç grou/ o\¡ertime.

phone (802) 658-3555 . T. J. Boyle Assoc¡ates . www.tjboyle.com

Exhibit DPS-JO-2 10 of 24

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Orchard Road Solar Proiect -Review for DPS Page 11 of 11

V. Findinç and Conclusions

The findings of this analysis conclude that the proposed Proiect as a whole pould have an adverse

effect on the scenic or natu¡al beauty ot aesthetics of the area. ,Although the maiority of the

sunounding areas would not have views of the Project, within views where Proiect visibility wouldoccur, the Project components would be visible in an elevated location.

However, with revisions to the landscape mitþtion plan as discussed above, the Proiect mald notrcsulttn

an undue impact because:

. The Projéct has specifically been located near the lowest portion of the Êeld.

. The landscape mitþtion plan would reduce visibility from the neþhboring residences to the

northwest and north in a reasonable way, and views from Route 140 westbound would eventually

have additional screening.

. The Proiect does not violate a clearly written community søndatd intended to presenie the

aesthetics or scenic beauty of the area based on the review of the Regional Plan and Town Plan.

. The Proiect would not be considered shocking or offensive to the average person due to the lack

of extensive public views, similatity of Project materi¿ls to nearby agricultud stn¡ctures, and

similar disttibution infrastn¡cnue found throughout Vermont.

In conclusion, we believe that, with adjustments to the landscape mitigation plan, the Orchard Road

Solar Proiect would meet the Quechee Test insofar as its impact on aesthetics would NOT be

UNDULY ADVERSE.

phone (802) 658-3555 . T. J. Boyle Assoc¡ates ' www.t¡boyle.com

Exhibit DPS-JO-2 11 of 24

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Legend

!.MIDDLETOW N SPR ING S

PO ULTNEY

WELLS

TINMO UTH

! ! ! !

!!

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!!!

!!

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!. !.

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!.

!.ROUTE 140 (WEST ST)

DAYTON

HL

COY HILL RD

BUXTON AVE

WESCOTT RD

ORCHARD RD

SPRING

DR

NORTON RD

K LN

SUNDO

G LN

JUSTAMERE DR

BROWN RD

SPRUCE KNOB RDWE

SCOTT

RD EX

T

ROCKS AND TREES LN

COY H

ILL RD

5

9 8

7

36

1

42

10

MIDDLETOWN SPRINGS

WELLS

Appendix A - Map 1Aerial Context Map

!.

!. Viewpoint LocationProposed Solar Array Layout1-Mile RadiusTown Boundary

Orchard RoadSolar Project

Review for DPSContext Map

N0 0.25Miles

May 2017

General Information

Project Site

1 Mile

Project Site

Exhibit DPS-JO-2 12 of 24

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!.!.

!.

!.!.

!.

!.!.

!.

!.

!.WEST ST

SOUTH ST

NORTH

ST

DUDLEY RD

COY H

ILL RD

EAST STDA

YTON H

L

GARRON RD

ENDLES

S BRO

OK RD

NORTON RD

SPRUC

E KNO

B RD

EAST RD

VT ROUTE 140

BUXTON AVE

SAW MI

LL HILL

RD DAISY

HOLLO

W RD

WESCOTT RD

ORCH

ARD RD

MOUNTAIN RD

FITZGERALD RD

DAYTON H

ILL RD

SPRING

DR

DARC

Y LN

K LN

MANY

SPRING

S DR

SUNDO

G LN

LOOKO

UT LN

MORSE H

OLLOW RDTOWN FARM RD

JUSTAM

ERE DR

LAMB HILL RDHEM

ENWA

Y DR

BROWN RD

VT ROUTE 30 S

OLD LAKE RD

GOURLAY MOUNTAIN DR

WESC

OTT R

D EXT

ROCK

S AND

TREES L

N

FOX BRIDGE LN

MARC

Y LN

WHITES

RD

OTIS DR

BURDO

CK AV

E MILL HOLLOW RD

MEADOWBROOK LN

MONTVERT RD

LOOKAWAY RD

L DR

APPLE MOUNTAIN LN

PORTER DR

PLEASA

NT VIE

W RD

MCINTYRE RD

N LN

COLVIN RD

VT ROUTE 30 S

5

98

7

36

1

42

11

10

THE GRE EN

MINERA L SPRIN GSPAR K

MIDDLETOW NSPRINGS

ELEMEN TA RY

LAKE ST. CATHE RINECOUNT RY

CLUB

MIDDLETOWN SPRINGS

POULTNEY

WELLS

TINMOUTH

Appendix A - Map 2Terrain Viewshed Map

!. Viewpoint LocationInventory Route20' ContoursProposed Solar Array LayoutTown Boundary

Visibility within Non-Forested Areas (9' High)

High LowVisibility within Forested Areas (9' High)

High Low

Proposed Project Layout

N0 0.25 0.5Miles

GIS viewshed mapping is a preliminary means of visual analysis. While beneficialfor preliminary orientation and investigation, because of data assumptions andomissions, viewshed maps are not a definitive indication of visibility. Potentialvisibility needs to be confirmed through field investigation and other visualizationtechniques.Elevation and obstruction data derived from LiDAR data for Addison, Bennington,Chittenden, and Franklin counties as well as the USGS National Elevation Datasetand forest cover from National Land Cover Database (2011).

May 2017

General Information

Legend

!.

1 Mile

2 Miles

Project Site

Orchard RoadSolar Project

Review for DPS

!.

!.!.

WESCOTT RD

36

1

Exhibit DPS-JO-2 13 of 24

Page 21: ttddl VT Faxl I Re - Middletown Springsmiddletownsprings.vt.gov/wp-content/uploads/2012/03/J... · 2017. 6. 1. · /'^q.\TERMONT StateofVermont Departnrent of Public Servlce uz State

!.

!.!.

WESCOTT RD

36

1

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!.!.

!.

!.!.

!.

!.!.

!.

!.

!.WEST ST

SOUTH ST

NORTH

ST

DUDLEY RD

COY H

ILL RD

EAST STDA

YTON H

L

GARRON RD

ENDLES

S BRO

OK RD

NORTON RD

EAST RD

SPRUC

E KNO

B RD

VT ROUTE 140

BUXTON AVE

SAW MI

LL HILL

RD

VT ROUTE 30 S

DAISY

HOLLO

W RD

WESCOTT RD ORCH

ARD RD

MOUNTAIN RD

FITZGERALD RD

DAYTON H

ILL RD

SPRING

DR

DARC

Y LN

K LN

MANY

SPRING

S DR

SUNDO

G LN

LOOKO

UT LN

MORSE

HOLLO

W RDTOWN FARM RD

JUSTAM

ERE DR

LAMB HILL RDHEM

ENWA

Y DR

BROWN RD

OLD LAKE RD

GOURLAY MOUNTAIN DR

WESCO

TT RD E

XT

ROCK

S AND

TREES L

N

FOX BRIDGE LN

MARC

Y LN

WHITES

RD

OTIS DR

BURDO

CK AV

E MILL HOLLOW RD

MEADOWBROOK LN

MONTVERT RD

LOOKAWAY RD

L DR

APPLE MOUNTAIN LN

PORTER DR

PLEASA

NT VIE

W RD

MCINTYRE RD

N LN

COLVIN RD

VT ROU

TE 30 S

5

98

7

36

1

42

11

10

THE GRE EN

MINERA L SPRIN GSPAR K

MIDDLETOW NSPRINGS

ELEMEN TA RY

LAKE ST. CATHE RINECOUNT RY

CLUB

MIDDLETOWN SPRINGS

POULTNEY

WELLS

TINMOUTH

Appendix A - Map 3Vegetated Viewshed Map

!. Viewpoint Location20' Contours2-Mile Study AreaVermont Scenic Byways and HighwaysProposed Solar Array LayoutTown Boundary

Vegetated Viewshed (9' High)

High Low

Proposed Project Layout

N0 0.25 0.5Miles

May 2017

General Information

Legend

1 Mile

2 Miles

Project Site

GIS viewshed mapping is a preliminary means of visual analysis. While beneficialfor preliminary orientation and investigation, because of data assumptions andomissions, viewshed maps are not a definitive indication of visibility. Potentialvisibility needs to be confirmed through field investigation and other visualizationtechniques.Elevation and obstruction data derived from LiDAR data for Addison, Bennington,Chittenden, and Franklin counties as well as the USGS National Elevation Datasetand forest cover from National Land Cover Database (2011).

!.

Orchard RoadSolar Project

Review for DPS

Exhibit DPS-JO-2 14 of 24

Page 22: ttddl VT Faxl I Re - Middletown Springsmiddletownsprings.vt.gov/wp-content/uploads/2012/03/J... · 2017. 6. 1. · /'^q.\TERMONT StateofVermont Departnrent of Public Servlce uz State

Appendix B – Orchard Road Solar Review for DPS: Photographic Inventory

1

Viewpoint 1: Approximately 180° panoramic view from the Project Site adjacent to Westcott Road, panning from west (left) to east (right). The orange rectangle represents the image below, which is captured with a 50mm normal lens equivalent.

Viewpoint 1: View looking north toward Wescott Road from the north of the Project site. (50mm equivalent). See also Exhibit ORS-MK-2 Figures 5 and 7, Photo Locations F, I, J and K.

Exhibit DPS-JO-2 15 of 24

Page 23: ttddl VT Faxl I Re - Middletown Springsmiddletownsprings.vt.gov/wp-content/uploads/2012/03/J... · 2017. 6. 1. · /'^q.\TERMONT StateofVermont Departnrent of Public Servlce uz State

Appendix B – DPS Orchard Road Solar Review for DPS: Photographic Inventory

2

Viewpoint 2: Approximately 180° panoramic view from the intersection of Route 140 and Orchard Road, panning from east (left) to west (right). The orange rectangle represents the image below, which is captured with a 50mm normal lens equivalent.

Viewpoint 2: View from the intersection of Route 140 and Orchard Road looking south toward the Project site. (50mm equivalent)

Project Location, Partially Screened by Intervening

Vegetation

Exhibit DPS-JO-2 16 of 24

Page 24: ttddl VT Faxl I Re - Middletown Springsmiddletownsprings.vt.gov/wp-content/uploads/2012/03/J... · 2017. 6. 1. · /'^q.\TERMONT StateofVermont Departnrent of Public Servlce uz State

Appendix B – Orchard Road Solar Review for DPS: Photographic Inventory

3

Viewpoint 3: Approximately 180° panoramic view from the Project site, panning from west (left) to east (right). The orange rectangle represents the image below, which is captured with a 50mm normal lens equivalent.

Viewpoint 3: View looking north from the Project site toward the intersection of Route 140 and Orchard Road. (50mm equivalent)

Exhibit DPS-JO-2 17 of 24

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Appendix B – DPS Orchard Road Solar Review for DPS: Photographic Inventory

4

Viewpoint 4: Approximately 180° panoramic view from Route 140, panning from east (left) to west (right). The orange rectangle represents the image below, which is captured with a 50mm normal lens equivalent.

Viewpoint 4: View from Route 140 looking southwest toward the Project site. The Project is partially screened by intervening middleground vegetation. (50mm equivalent)

Project Location, Partially Screened by Intervening

Vegetation

Exhibit DPS-JO-2 18 of 24

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Appendix B – Orchard Road Solar Review for DPS: Photographic Inventory

5

Viewpoint 5: Approximately 180° panoramic view from Route 140, panning from east (left) to west (right). The orange rectangle represents the image below, which is captured with a 50mm normal lens equivalent.

Viewpoint 5: View from Route 140 looking southwest toward the Project site. The Project is partially screened by intervening middleground vegetation. (50mm equivalent)

Project Location, Partially Screened by Intervening

Vegetation

Exhibit DPS-JO-2 19 of 24

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Appendix B – DPS Orchard Road Solar Review for DPS: Photographic Inventory

6

Viewpoint 6: Approximately 360° panoramic view from Project site, panning from southeast (left) to east (right). The orange rectangle represents the image below, which is captured with a 50mm normal lens equivalent.

Viewpoint 6: View looking north from Project site toward existing private properties on the hillsides north of Route 140. (50mm equivalent)

Exhibit DPS-JO-2 20 of 24

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Appendix B – Orchard Road Solar Review for DPS: Photographic Inventory

7

Viewpoint 7: Panoramic view from in front of a residence off of Route 140 northeast of the Project site, panning from south (left) to west (right).

Viewpoint 7: View looking southwest from a residence toward the Project site. The proposed arrays would be visible from this residence. (50mm equivalent)

Project Location

Exhibit DPS-JO-2 21 of 24

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Appendix B – DPS Orchard Road Solar Review for DPS: Photographic Inventory

8

Viewpoint 8: View looking southwest toward the Project site from Sundog Lane. (50mm equivalent)

Viewpoint 9: View looking south toward the Project site from a residence north of Route 140. (50mm equivalent)

Project Location

Project Location

Exhibit DPS-JO-2 22 of 24

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Appendix B – Orchard Road Solar Review for DPS: Photographic Inventory

9

Viewpoint 10: Approximately 180° panoramic view from a private field north of Route 140 looking south towards the proposed Project, panning from northeast (left) to southwest (right). The orange rectangle represents the image below, which is captured with a 50mm normal lens equivalent.

Viewpoint 10: View looking south toward the Project site from a private field north of Route 140. (50mm equivalent)

Project Location

Exhibit DPS-JO-2 23 of 24

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Appendix B – DPS Orchard Road Solar Review for DPS: Photographic Inventory

10

Viewpoint 11: View looking south toward the Project site from a residence off of Norton Road. The proposed array would be visible from this residence. (50mm equivalent)

Project Location

Exhibit DPS-JO-2 24 of 24

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Jeremy B. Owens Associate Landscape Architect | GIS Specialist

< T. J. Boyle Associates, LLC • Landscape Architects • Planning Consultants >

Education

1999-2003 Bachelor of Landscape Architecture, College of Environment and Design, University of Georgia, Athens, Georgia

Professional Registration

2011 – Present Licensed Landscape Architect, Vermont No. 81305

Professional Experience

Related Project Experience

Charter Hill Solar – Conducted an aesthetic review under Section 248 for a 1 MW solar electric generation facility located in Rutland, VT, including a field analysis, GIS viewshed analysis, landscape plantings and aesthetic report.

Sudbury Ervin GMC Solar – Conducted an aesthetic review under Section 248 for a 500 kW solar electric generation facility located in Sudbury, VT, including a field analysis, GIS viewshed analysis and aesthetic report.

GMP Stafford Hill Solar Farm – Conducted an aesthetic review under Section 248 for a 2.3 MW solar electric generation facility located in Rutland, VT, including a field analysis, GIS viewshed analysis and aesthetic report.

Northern Pass Transmission Project – Environmental Impact Statement – Coordinator for the visualization and GIS viewshed analysis portion of an EIS for a 180-mile HVDC/AC transmission line extending from Canada to Deerfield, New Hampshire, including through the White Mountain National Forest. T. J. Boyle Associates is a sub consultant to SE Group, who is coordinating the EIS for the US Department of Energy. Duties include complex GIS analysis, field visit and data collection, and leading the photographic simulation effort.

Environmental Assessment for Wind Resources Offshore Georgia – Prepared 7 photographic simulations,

9 panoramic photomontages, and 1 night-time photographic animation as part of an Environmental Assessment for the Bureau of Ocean Energy Management. Additional duties included site visits, aesthetic report review, and helping prepare language for the aesthetics portion of the Draft and Final EA.

Clarendon Solar Farm Project – Conducted an aesthetic review under Section 248 for a 2.2 MW solar electric

generation facility located in Clarendon, VT, including a field analysis, GIS viewshed analysis and aesthetic report.

GMP Winooski 3307 Relocation – Conducted an aesthetic review under Section 248 for the relocation of a 34.5 kV sub-transmission line in Winooski, VT, including photographic simulations, field analysis and report. Testified at the 248 Technical Hearing regarding aesthetics.

Visualization Study for Offshore North Carolina – Prepared 234 photographic simulations, 21 panoramic

photomontages, 48 photographic animations, and 6 video simulations of offshore wind farms for the Bureau of Ocean Energy Management. The project included simulating more than 21,000 different wind turbine types/locations from 18 different viewpoints along North Carolina’s Outer Banks.

2004-present Associate Landscape Architect, T. J. Boyle Associates, LLC, Burlington, Vermont

2004 Byers Engineering Company, Atlanta Georgia

Exhibit DPS-JO-1 1 of 2

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Jeremy B. Owens Associate Landscape Architect | GIS Specialist

< T. J. Boyle Associates, LLC • Landscape Architects • Planning Consultants >

Williamstown Solar Farm – Conducted field analysis, GPS and photographic data gathering, CAD terrain modeling and photographic simulations of a 2.1MW solar electric generation facility in Williamstown, Vermont.

Vermont National Country Club – Prepared an aesthetic analysis as required under the “Quechee Test”, including a report, photographic simulations, viewpoint documentation, and GIS mapping. Testified in Environmental Court about accuracy of simulations and Act 250 Criterion 8.

New York State DOT Visual Impact Statement Short Course – One of four instructors to teach a Visual Impact Statement course to New York State's Department of Transportation's landscape architects. Focused on simulation and visualization technologies, including static simulation creation and review, viewpoint documentation, CAD modeling and image overlay, image sampling and exhibit creation. Additional items were discussed including simulation accuracy/credibility and emerging dynamic simulation technologies such as SketchUp, ArcScene and Google Earth Pro

FairPoint Communications Wireless Broadband – Provided extensive data gathering using GPS, as well as subsequent GIS analysis, mapping, and simulation services for proposed wireless broadband tower locations throughout Vermont.

VELCO - Lamoille County Project – Managed many aspects of this 115 kV transmission line project, including

preparation of aesthetic exhibits, simulations, GIS analysis, pre-filed testimony and aesthetic mitigation plans for and during the construction process.

VELCO - Southern Loop Project – Provided exhibits for the Public Service Board, including substation and

transmission corridor simulations, GIS mapping, and aesthetic analysis. Prepared a 3D GIS model for visual analysis of the transmission corridor incorporating the transmission line design, surrounding buildings, trees, and other relative planning data.

VELCO East Avenue Loop Project – Prepared a 3D GIS Model for the entire EAL 115 kV transmission line corridor for aesthetic analysis and presentations incorporating the 3D transmission line design, 3Dbuildings, 3D trees, and other relative planning data into a movie derived from ESRI ArcScene. Conducted field visibility tests of the proposed structures using balloons and provided aesthetic analysis support.

Deerfield Wind Project – Gathered field data and prepared various viewshed analysis maps depicting proposed

wind turbines and their visibility throughout the surrounding area, as well as various other GIS maps included in the aesthetic report.

Beekmantown Wind Project – Conducted preliminary field visibility tests using balloons, prepared simulations

and view shed maps for the 13 wind turbines in the project located in Beekmantown, New York.

Middlebury Spur EIS – Prepared GIS maps and simulations of the various design alternatives as part of the Environment Impact Statement for the VTrans Middlebury Railroad Spur Project in Middlebury, Vermont.

Lathrop Sand and Gravel – Prepared several simulations of a proposed sand and gravel extraction operation in Bristol, Vermont. Simulations included project simulated at 14 years, 15 years, 16 years, and 30 years. Vegetative mitigation was incorporated into the simulations at each stage of the extraction life cycle. Prepared Quechee Analysis and testified in Environmental Court about accuracy of simulations and Act 250 Criterion 8.

Awards

State of Georgia Hope Scholarship Recipient, 1997-1998, 2000-2002 Sigma Lambda Alpha Honor Society Member, 2000-2002 University of Georgia Dean’s List, 2000-2002

Exhibit DPS-JO-1 2 of 2