ZONING BOARD OF REVIEW MINUTES TOWN OF FOSTER Benjamin Eddy Building 6 South Killingly Road, Foster, RI Wednesday, February 8, :00 p.m.

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1 ZONING BOARD OF REVIEW MINUTES TOWN OF FOSTER Benjamin Eddy Building 6 South Killingly Road, Foster, RI Wednesday, 7:00 p.m. A. Call to Order Mr.Esposito called the meeting to order at 7:01 p.m.. B. Roll Call Board Members Present: Board Members Excused: Staff Present: John W. Esposito (Chair); Paula Mottshaw (Vice-Chair); David Paolino (Secretary); Heidi Colwell; Tom DiRaimo; and Holly Regoli (Alternate). Robert DeLuca (Alternate). Juliana King (Planner) and Joanna Achille (Solicitor). Applicants and Public Present: Kevin DeMers (DiPrete Engineering); Julie Beauchemin & Alan Clapp (Nexamp); Nick Gorham (Gorham & Gorham); Walter Bob & Cynthia Steere, Rachael Pickett (15 Theodore Foster Road); Mario & Mary-Anne Borges (15 Mt. Hygeia Road); Mr. & Mrs. Keith Dwyer (22A Hartford Pike); Chris Stone (Town Council); and Joe & Audrey Carey (2 Oakhill Road). C. Approval of Minutes Discussion / Action January 11, 2017 Motion by Ms. Colwell to approve the minutes of January 11, 2017 as written. Second by Mr. Paolino. Approved 6 0. D. Correspondence and Communications Discussion / Action There was none. F. Public Hearings Discussion / Action 1) CONTINUED FROM JANUARY 11, 2017 Owners, Walter H. & Cynthia M. Steere, and Applicant, Foster Renewables, LLC, for property located on Theodore Foster Road by Pole 19, being Plat 18 Lot 9 in an Agricultural/Residential AR district on acres. A Special Use Permit is sought from the Town of Foster Zoning Ordinances Article IV: Zone Regulations: Description of Uses: Section 10 Service Industries: Subsection 6 Major Solar Installation. The Permit is needed to construct a 996 kw (0.996 MW) DC groundmounted solar installation encompassing approximately 5.6 acres, with acres to be disturbed, and related lease area, access drives and gates, pedestrian path to RI Historical Cemetery FR137, vegetated buffer, vegetative establishment of disturbed areas, grading, soil erosion and sedimentation control measures, stormwater/drainage best management practices, and electric service extension and structures. Mr. Esposito read the Public Hearing procedure into the record, and noted that there are five active regular members present to vote. Nick Gorham, attorney for the applicant, introduced the team members. Kevin DeMers, registered professional engineer on the project, was sworn in and gave a brief summary on the proposal and the site characteristics- it is mainly surrounded by large singlefamily residences and one Town-owned property, there is a small forested wetland in the northern portion (>1,000 from the development), an off-site wooded swamp wetland (~400 feet

2 Page 2 from the development), and some of the lot is forested and some is orchard; the rest of the site is meant to stay agriculture. Of the proposed development, only the access path falls within the Natural Heritage Area portion of the land, and will be reviewed by the RI Historical Preservation & Heritage Commission through the RIDEM Rhode Island Pollutant Discharge Elimination System (RIPDES) permit process. The lot is about 55.5 acres, with 5.5 acres dedicated to the 996 kw array and approximately 12.8 acres to be disturbed. The plans comply with all dimensional regulations in the AR zone. There will be a gravel access road to the fenced solar facility, with a trench infiltration for stormwater control. A sand filter to the east part of the array will promote water quality and control flows resulting from clearing and vegetative disturbance. 4 acres or so of forest will need to be cleared, although the disturbed brush and vegetation will be restored. A DEM permit is pending with the state, and after it is received the applicant will return to the Planning Board for final reviews and approvals. Mr. DiRaimo asked about the existing vegetation by the access drive and the path to the cemetery. Mr. DeMers responded that some of it is low vegetation, and the walkway to the historic cemetery will be for pedestrians only (though a visitor could park on the access road and walk to it)- this is in keeping with current access. Mr. Gorham prompted discussion about the RIDEM RIPDES process, and Mr. DeMers explained that proposals must demonstrate no significant increase in runoff post-construction, water quality measured by 85-90% removal of total suspended solids, compliance with the stormwater manual with respect to best management practices to treat stormwater, and an acceptable soil erosion control plan. No impervious surface is envisioned, though the gravel access drive as a stormwater control measure acts as impervious for runoff calculation purposes. All precipitation will be contained within the array area. Mr. Esposito inquired about a security fence, and Mr. DeMers replied that a 9 fence will surround the facility per Foster s ordinance. Mr. Paolino sought confirmation that the development won t significantly change runoff patterns to abutting land, and Mr. DeMers said that the panels won t increase or degrade stormwater runoff; DEM also confirms this through their review and permitting. Mr. Paolino was also curious about maintenance of the array over the next 20 years. Julie Beauchemin, of Nexamp, was sworn in and stated that Nexamp develops, owns, maintains, and operates such projects over the 40-year life, and if another company were to take over then they would have to maintain the site as well. Mr. Esposito wondered if the fire company had been approached, and Ms. Beauchemin answered that the Fire Department will be provided with a set of keys and will be annually trained. Ms. Mottshaw asked about exterior lighting, and Ms. Beauchemin said that none is proposed. Mr. Paolino queried about a placard with emergency information on it, and Ms. Beauchemin assured the Board that it is customary to post such info. There are emergency switches inside the fence, and warning signs on the fence. Mr. Gorham spoke up to remind the Zoning Board that the Planning Board approved the Master Plan and recommended the Zoning Board grant the Special Use Permit. With no further questions so far from the Board, Mr. Esposito opened the Public Hearing at 7:27 p.m.. Mr. Esposito asked if anyone in the audience was in favor of the application, for a total of three times. There was no one. Mr. Esposito asked if there was anyone present not in favor of the application, for a total of three times. There was no one.

3 Page 3 Mr. Esposito asked if anyone was present who wished to speak on the application or ask questions. Mr. DiRaimo was curious if the Steeres live on the subject property, and Mr. Gorham answered that they live across the street- lot 9 is vacant except for an apple orchard in operation since the 1960s. With Foster s concern to keep rural in mind, Mr. DiRaimo inquired as to the applicant s plan to plant a buffer to the array. Mr. DeMers responded that clearing will be minimal, and revegetation with grass and low plants is planned. The trees and vegetation around the site will remain undisturbed to buffer from the adjacent property lines; to the south is the Town-owned NIKE site, to the southeast is the Roukous land with its own solar facility, and to the east are large wet lots with residences far away. The existing treeline along Theodore Foster will also be undisturbed except for clearing just to lay out the access drive. Mr. DiRaimo questioned whether there will be permanent foundations, and Mr. DeMers told him no- only ground screws. Audrey Carey, of 2 Oakhill Road, was sworn in and wondered if any tax revenue would be received by the Town. Ms. Beauchemin explained that Nexamp pays the personal property taxes on the land that the array sits on for the life of the project. Ms. King added that the state recently passed a law standardizing the tangible tax rate at which energy facilities such as a commercial solar array can be taxed at. Mr. Esposito asked if anyone else from the audience wished to speak, and there was no one. Mr. Esposito closed the Public Hearing at 7:35 p.m., and requested that the Board discuss the application and fill out the Standards worksheets. Ms. Mottshaw wondered if the ordinance gets specific about vegetation. Ms. King replied that it does not, although applicants and abutters sometimes work out some sort of landscape plan when there is a concern about visual buffers. Alan Clapp, of Nexamp, was sworn in and stated that the current apple orchard is past its prime and would have been cut down anyway. 150 of mature forest along Theodore Foster Road, matures trees along the southern property line, and 50 of mature forest along the eastern boundary will be preserved. Any trees cut will keep their stumps, to help the vegetation grow back up to. Mr. Esposito expressed his favorable opinion of the dogleg driveway to help mask the array from the road. Mr. DeMers mentioned that no significant change in the grading is proposed. Mr. DiRaimo queried the status of the DEM permit, and Mr. DeMers explained that it was submitted 2 weeks ago and can take 2-4 weeks to be reviewed. Ms. Regoli inquired about what happens to the panels once they re removed, and Ms. Beauchemin said that they are taken off-site and recycled. Mr. DiRaimo wondered how the equipment will be housed, and Ms. Beauchemin responded that the only real equipment is the inverter so there is no need for housing. Mr. Paolino was unfamiliar with a 40-year panel life expectancy, and Ms. Beauchemin noted that most major solar facilities last that long and are still viable. The Board went into recess at 7:46 p.m. to fill out the Standards worksheets, and came back into session at 7:52 p.m.. Mr. Esposito asked if the applicant had read the Staff Report and was ok with it, and Ms. Beauchemin replied in the affirmative. Mr. Esposito marked the full plan set as Exhibit #1, the Staff Report as Exhibit #2, and the Standards Worksheets as Exhibit #3.

4 Page 4 Mr. Paolino made a motion to approve the application under the authority granted to the Zoning Board of Review by Rhode Island General Law and by the Town of Foster s Zoning Ordinance, Article XI Section 3C. Specifically, the following special use permit is granted: Construction of a 996 kw (0.996 MW) DC ground-mounted solar installation encompassing approximately 5.6 acres, with acres to be disturbed, and related lease area, access drives and gates, pedestrian path to RI Historical Cemetery FR137, vegetated buffer, vegetative establishment of disturbed areas, grading, soil erosion and sedimentation control measures, stormwater/drainage best management practices, and electric service extension and structures, on Theodore Foster Road by Pole 19, being Plat 18 Lot 9 in an Agricultural/Residential AR district on acres, per the Town of Foster Zoning Ordinances Article IV: Zone Regulations: Description of Uses: Section 10 Service Industries: Subsection 6 Major Solar Installation. Evidence of the following standards, pursuant to Rhode Island General Law and the Town of Foster s Zoning Ordinance Article VII Section 2B, has been entered into the record of proceedings: The special use is specifically authorized by this Ordinance; The special use meets all of the criteria set forth in the sections of this Ordinance authorizing such special use; and The granting of the special use permit will not alter the general character of the surrounding area or impair the intent or purpose of this Ordinance or the Comprehensive Plan of the Town. Further, it is proposed that the following special conditions, based on competent credible evidence on the record and allowed under Rhode Island General Law and the Foster Zoning Ordinance Article VII Section 3, be applied to the decision in order to promote the intent and purposes of the Comprehensive Community Plan of the Town and the Zoning Ordinance: 1. Meet with the Chief of the responding Fire Department to review an emergency access plan. 2. Appropriately place warning/danger signs on the fence around the full installation perimeter. 3. Ensure that 24-hour emergency contact information is posted on the signage by the lockbox. Ms. King confirmed for the Board that a removal bond must be calculated and submitted at the next review stage with the Planning Board. Second by Mr. DiRaimo. Mr. Esposito reminded the Board that the motion was in approval. Mr. Paolino polled the Board: Mr. DiRaimo voted to approve, Ms. Colwell voted to approve, Ms. Mottshaw voted to approve, Mr. Esposito voted to approve, and Mr. Paolino voted to approve. Mr. Esposito tallied the votes as 5 0 to approve the application, so it passed. Mr. Esposito convened a break at 7:59 p.m., and brought the Board back to order at 8:02 p.m.. 2) CONTINUED TO MARCH 8, 2017 Owner and Applicant Saint 23, LLC for property located at 9 Mt. Hygeia Road, being Plat 14 Lot 83 in an Agricultural/Residential AR district on acres. A Special Use Permit is sought from the Town of Foster Zoning Ordinances Article IV: Zone

5 Page 5 Regulations: Description of Uses: Section11 Industrial Use: Subsection 23 Gravel Banks. The Permit is needed to commence a temporary Gravel Bank excavation operation, limited to approvals by RIDEM including Insignificant Alteration to Freshwater Wetlands permit; Industrial Stormwater permit; and Stormwater Discharge for Construction Activity permit, based on a stormwater management report; operation & maintenance plan; soil erosion and sediment control plan; and site plans, including construction phases; on-site project operators; excavation and transportation schedules; construction vehicles staging/refueling and gravel storage areas; haul road; soil erosion control measures/best management practices; perimeter forest buffer; and final grading/stabilizing/seeding/loaming, submitted with a dust control plan; noise evaluation; and traffic impact study, and anticipating postextraction farming activity. Mr. Esposito read the continuation letter from Murphy & Fay into the record. Motion by Mr. Paolino to table the hearing to 3/8/2017. Second by Ms. Mottshaw. Approved 6 0. K. Adjournment Action Motion to adjourn at 8:06 p.m. was approved unanimously. Respectfully submitted, David Paolino, Secretary