[Music] good evening everyone today is July 11th the time is 6:05 and this is the aush Planning Commission this meeting is being recorded for the cable channel and future viewing on the Acushnet YouTube channel is there a motion to open the planning board meeting motion to open meeting I'll second all in favor I uh gentlemen can you please introduce yourselves Peter Gua member Mark Francois chairman Brian damps member all right uh meeting minutes did uh gentlemen have a chance to look over the meeting T sent it to us a couple of days ago uh we were all in [Music] attendance I will say she does quite a good job yeah she's got some good detail I read through it I didn't uh see any issues I make a motion to accept the meeting minutes from June 20th 2024 I will I will second that we got a motion we got a second all in favor right all right mov along no correspondence uh discussions and other topics uh Covenant release from map 6 lot 4B for sublot 6 for Davis Farm Lane now from what I gather gentlemen um this project goes back way back so they released Lots 3 4 and N back back in 1994 and then they released slots 7 and8 in 1989 uh there's only one lot left which is lot six uh every the as you know lots are held in a covenant to make sure that the road and all the infrastructure and everything's done uh and then we slowly release Lots as everything gets built this has been built for quite some time yes it has uh this is the last lot that's been uh been held I don't I don't see an issue as the uh DPW who who's gone down to give the last word that everything's been completed on this good question question I don't think anybody has I have is this is there somebody here representing Davis D Farm Road Farm Road okay no yeah I I live right across the street all the you do rich back in 95 as far as I know it looks like it's all complet from what I can see visually yeah I mean they have released um the other Lots 1 2 3 4 5 6 7even eight Lots out of nine um well no these two already built though so 1 2 3 4 5 6 released six already yeah they released six this is the seventh lot and it's been quite a few years so no I I'm going to take a while stop and say can I get a motion to approve the release of lot six uh lot map 6 lot 4B sublot 6 from Davis Farm Lane I make a motion that we release map 6 lot 4B sublot 6 Davis Family got a second all in favor all [Music] right can you sign right underneath thank you moving right along uh comway uh common driveway special permit for 112 Quake Lane review matters presented votes may be taken is there anybody here for 112 Quake relay all right uh this was also sent to you guys I think kayy sent this out right did you get this uh yes okay so this is everything that we went over basically um the important part is the decisions so everything that we had discussed when uh D Leon SCH D Leone were here last week so the the decision I'll read through the top five the DPW superintendent will inspect the construction of the pros gravel driveway Hammer had to verify that it has been constructed of suitable material and with proper grade consistent with the townish town of aish zoning bylaw number two the four form of proposed Deeds to The Retreat LOD shall be submitted to the Planning Commission for approval to verify that the easement language for the utility services have been granted to all Parties servic by the common driveway that uh letter B form o language regarding the maintenance and the repair of the common driveway easement Clause is included and see that the maintenance and easement agreement run with the heir's successors and ass sorry number three that the easement specifically for the the easement specifically for utility be granted in addition to the easement already submitted number four in line with the bylaw that no building permit shall be issued until as a minimum a a special permit has been granted B There is proof of recording at the Bristol County registry of deeds for the special permit and the Deeds with the common driver driveway easement Clause C no occupancy permit shall be issued until the required driveway construction is completed and the special permit granting Authority issues a statement of completion to the building inspector and last number five this special permit does not relieve the permit or any other persons of the necessity of complying with all other applicable federal state or local statutes ordinances bylaws or regulations basically those five were the five stipulations that we gave them um once we sign this and they they still have to go in front of uh conservation uh and then they'll discuss stor water and whatnot there um can I get a motion I make a motion to accept the terms as presented I got a motion second all in favor I I fix okay moving along next is the solar special permit tolling lapse dates uh distributed Solar Development LLC or DSD which used to be new Leaf energy this is for 52 mores Lane the plans and accompanying documentation are available for inspection at the town clerk's office parting ways building 130 Main Street first floor during regular business hours so uh Mor's Lane special permit expires their solar special permit expires on July 16th 2020 the last letter the planning board received is dated September 6 2023 regarding clarification on laps dat dates the certificate of action which was approved by the planning board on June 3rd 2021 uh this extension request is necessitated due to the delay related to the interconnection of the project is there anybody here from DSD to represent yes Mr chair I if you please introduce yourself for the record uh evening my name is David fixler I'm an attorney at the law firm of Greenberg TR and I represent DSD distributed Solar Development and I believe these two gentlemen are also here uh on behalf of the two two projects there also mendle 251 mendle road is also it's the same same basic fact pattern uh Ju Just One clarification because because the the original permits were received and stamped by the clown the the town clerk our information I think that I think we got it verified is that the the mendal permit um was filed with the town clerk on July 29th 2021 and the morse's permit was filed on August 3rd 2021 um so the the lap the laps date for Mendo would be then be July 29th 20 2024 and um for morrises will be August 3rd 2024 I just the detail but I well I was with the the clerk today and the clerk was with the was with our to clerk um earlier and they did agree that uh mle Road was July 29th but we still have it as July 16th uh but that's something that we can clarify right I I don't think it's a material Point um given what what we're we're talking about today so uh I can just begin or please so the the issue is is that the statute Mass general laws chapter 48 section 99 which deals with special permits um says that there's a 3-year period it has to lapse um but if there is good cause then the permit is told until the good cause uh rece um receips and here um the good cause and good cause is there's plenty of case La in this good cause is something that's completely out of control of the proponent there's nothing they can do about it and that is good that is what has been defined as good cause and these projects uh have been caught up um in the eversource group study uh and they have just been sitting in the queue for a long time while first eversource studied then the Massachusetts Department of Public Utilities had to figure out what to do with all these projects how they were going to how are the the upgrades to the distribution system because there needs to be massive upgrades to the distribution system to interconnect all of these projects and so that has been going on and there was a total adjudicatory proceeding at the Department of Public Utilities and that adjudicatory proceeding ended with the dpu approving what's called a capital uh Improvement proposal or a sip for this area that these two projects are in it's called the mar and Fair Haven Sip and eversource is now constructing the upgrades uh they haven't actually started construction yet there's a lot of work they have to do they have four years to finish all those upgrades and until then these projects won't be able to interconnect so there's nothing that the project can do um until eversource eversource starts doing its work um having said that the projects haven't just been sitting around and doing nothing they have been actively trying to develop and paying uh significant Investments um so let's talk about what they have to pay ever source to interconnect um the menal project received its interconnection service agreement from eversource and paid eversource a 2,326 $51 interconnection fee the morses project received its interconnection service agreement later um it was last fall that they received it and they made an initial interconnection fee payment of $655,000 so the total interconnection if you from morses is $2,622 581 and so the the the project proponent has made significant investments in both time and money to advance the projects as much as they can do given the fact that eversource um has to complete everything they have to do so that's why that is the good cause and that's why these projects uh Merit that and it's an under the law it's an automatic extension technically uh we don't we don't have to make an affirmative request under the law but that's not the way that either DSD or New Leaf wants to you know they they want to be cooperative but it's in it's it's automatic under law if you show good cause and you know if this isn't good cause something that's completely out of their control when when when these developers uh um filed for their interconnection for these projects back in 2018 that they thought it was going to be the way it always has been and it would take a year year and a half and it was s to exactly when they came to this board for their permit um unfortunately that's not the way uh that's not the way it happened but that's no fault of their own um and the last thing I want to say and I'm happy to answer any questions and also see if you have anything you want to say uh is there is legislation right now that is uh pending on Beacon Hill um the the legislators are aware of these issues they're aware that some towns have just said um some planning boards have said uh hey we don't care we're just going to reject it and you know we'll deal with it other other planning boards have said yes that's good cause the legislator the legislature is now has two bills that are um on Beacon Hill the first one which was proposed by Governor Healey's Commission on clean energy infrastructure citing and permitting um would extend all state and local approvals that were in effect between October 2020 and January 1 2024 for solar and storage projects just like these two um for a period sufficient to allow interconnection and that goes to I think it's August 1 2029 that has been passed by the Senate and now they're just waiting for the house to house and Sen have to get together on that um second there the governor had an economic bill that's been passed by the house and that economic Bill contains a section that says that um any state or permit that was in existence between January 1 2023 and January 1 2025 um would be extended for a few years so that has passed the house that hasn't passed the Senate yet so this so in a way some of this is moved because some legislation is probably going to happen anyway by the end of this month because their the legislative session technically ends July 31 that doesn't mean that they they get past that they they can pass bills after that but they don't like to do that they like to to get everything done by July 31st um so that's that's really where we are in a nutshell the project has the projects have done as much as they can do um to advance the development and continue and are are paying significant fees but um and there in the cycle of the development for financing they just have to wait a little bit more until eversource can get exactly their plans and to see when the interconnection can happen and uh the latest that I have on this um from the client is that um based on the current timeline that ever sources has given us and eversource meets with the developers in this Mary and Fair Haven group monthly so they give updates um the developer anticipates a commencement of construction in 2025 2026 and there's going to be significant efforts taking place between now and then to secure equipment arrange financing and finalize contracts for construction and all this has been laid out um I'm not telling you anything that isn't in the record here there's there was a letter on June 2nd 2023 uh sent by attorney Greg Samson and then there were two letters sent by DSD one in April and one in May for the for each the mendal and the Morris's Pond project um no we got not to interrupt you but we did get a letter of June 2nd 2023 but that was regarding mendal Road and had nothing to do with morse's Lane I think that letter also talked about Morris's it's it was a combined letter it was a long letter had like aund it was a lot of attachments it was it was both and then there was there were letters sent by DST to the planning board um in April and in May of this year um not quite as lengthy as the June 2nd uh 2023 one but also discussing it and I think a representative from DSD was told that Town Council was they had the letters he had confirmation from the clerk that they had the letters and Town Council was reviewing it Town Council did get the letters Town Council did review it um and I did speak with Town Council this morning um okay is there anybody else um yeah Jared Connell from New Leaf energy I I think that was very well summarized by David I think the only thing that I would just say to add emphasis to the um when we were here um last year or last June um when there was some thought that the laps period was 2 years before we understood it was three and we submitted that long letter the part of the feedback that we got was that um the board just hadn't didn't understand what had been going on with the project over the last couple years so there were other elements um design elements that have been um Advanced since then some Geotech testing on site other things that we've done to get the project as ready as it can be for the interconnection agreements to be issued and at that time when we were here last year the um the agreements had been issued but ever Source had not issued their schedules um that David mentioned so that guess the only thing that I would add is um some emphasis on some of the last comments that David was making about the schedule eversource has released that and they've been updating it monthly I actually brought some copies um for the board if if that's interesting um for you to see but we can talk at this point the point there being we can talk with a lot more specificity about the inservice state that ever source is now navigating to that the projects will align their construction schedules with um and there you'll see here um on the BL headers um there are four or what is that uh one two three four there's five substations involved in this Mar and Fair Haven group The relevant one for both of these projects that are on the agenda tonight is the wing Lane one and um the bottom line there is the uh the inservice date for all the work they're doing related to the wing Lane substation is um fall of of next year so um you obviously that that's um something that's published from ever Source they're working on it it's a fluid schedule that's that's this is the most recent one that they updated I think the bottom the date there at the bottom is June 24th so that has been evolving but that is the end date the inservice date that the projects will will be trying to match up their construction efforts with all right so I guess when I'm just trying to figure out so when are they saying that you might possibly get the inent the agreement is already issued and that's what David was mentioning the um the deposits have been paid that allows them to place their POS on their equipment do their design work and complete start completing their upgrades but I mean okay so when is it the end of 25 that's the for the wing the projects on the wing Lane one it's that o what is it October so you're trying to say this coincides with what you're going to do correct so the the four or five projects underneath the wing Lane that's to do with your two projects cuz you're on mle road and Morris's this substation the wing Lane substation is what your two projects would Connect into yeah electrically the the area that covers both the menal and the morses it's all electrically electrically related to that Wing Lane area of the eversource system yeah the other thing I I want I want to add is that I represented the mar fer Haven group in front of the dpu in this in this um adjudicatory proceeding with eversource and one of the things that we really pushed for for eversource and the dpu agreed was what's called phased interconnection in other words the way this works is they have they have four years from when the Sip was approved which was at the end of 2022 to finish their construction and we argued bfer ly that you know as they get going there may be a way that and how they're doing their construction that some of these substations could be done a year eight months whatever it is in advance of some of the other substations and if and if it works you know electronically we should be able to we we don't need to wait for the entire project to be done to interconnect and that's something we push very hard and the dpu um told eversource and it's order that they really encourage that to happen right now it's still a little premature eversource hasn't has said exactly you know whether there'd be a phase interconnection schedule but they they are working towards that so it is possible that we might be able to interconnect even sooner than that schedule we just don't know that yet and we're all pushing that these I I I sit in on these monthly meetings with developers and there's a lot of push on ever sour us to tell them what's going on here and what we need to get to be interconnected so that is a possibility um so this is a this is far from just you know on on a piece of paper and and nobody doing anything this is you know people are really working hard on both the eversource side and on the developer side um but you don't have you can't tell the board that 2025 2026 2027 you don't know when you will be connected but it won't be 2027 OS will be in a lot of trouble with the dpu uh they have to finish it everything in in 2026 and I think that schedule that's the whole point of that schedule that schedule says when in the fall yeah October of 20125 you know I think that you know there's plus or minus you know some delays and er could get in the field or a Transformer arriving a month or two late but I think there's a probably a six-month window around that schedule where you know hell high water that's the schedule we're navigating to first off let me let me start by saying that there's only three members on the board tonight um if we do any kind of vote towards anything it has to be a unanimous vote for you to pass you do have the option to come back when there's a full five member board cuz you still need at least three to vote your way um if we vote to extend your permit I didn't know you were going to be here the attorney was going to be here I would have asked Town Council to be here if that's if that was the case um I did speak to Town Council today and basically he said I we have the choice to agree to extend or not uh depending on just like you had said some towns have decided to extend the permit and some towns have decided not to extend the permit uh and I feel we also have that um Choice yeah I can I respond to that please I did reach out to what who I thought your Town Council was um which was a Jeff Blake and I've sent him emails starting in May um unfortunately he has never responded to I really wanted to talk to him so I am disappointed um now that I know that you talk I am disappointed that I wasn't able to talk I did not talk to Jeff plake I talked to another member Jeff plake for theable okay um what I do want to I do want to say it it there is really no there is no there is no choice as a matter of law if there's good cause it's it's automatic that's your definition of good cause our definition in past and what we did with your project uh a year ago was and what we've kind of stayed by is when the proponent yourselves are attempting to actually build something they've actually pulled permits they've you know started working on this working on that they might hit a a roadblock here or a roadblock there but usually when some when somebody a Sol company is actively trying to put up that solar field in our opinion that's what's been going on if something happen where uh there's issues with AB Butters or there's issues with conservation or there's issues whatever other issues that might have stopped them temporarily then we've said hey they've been going at it and and you know theyve hit this roadblock their permit's about to expire expire we've granted them extensions to the permits uh if I'm not mistaken you were here a year ago and we denied the extension to both permits then we were educated at the fact that uh special permits for the state had changed from two years to three years after covid or during covid we weren't aware of that we had to resend our vote of denial and you had that extra year uh of the third year uh since then uh correct me if I'm wrong nothing has happened nothing has changed there's been no permits pull there's been no activ activity at the sites in any way shape or form is that correct we don't there that's true but there are no other permits that these projects need aside from a building permit and that's why we're we're we're we we there's nothing else that we can do to advance the projects further than where they are now to be ready to match up with the eversource schedule um the feedback that we got and we heard loud and clear last year at the meeting you were referencing um and at the conclusion of that meeting you guys had we were still like it was like a month or so ahead of the actual expiration date so um you folks had said they haven't technically we voted to deny them tonight but they haven't expired so reapply for your extension and the same as the same for tonight yeah and and we did that that's why we sent the letter with the 236 pages of exhibits because we were trying to demonstrate all the activity that had happened the investment with the utility company that David had mentioned the Geotech designs the other site Discovery the all the things that we've been doing and investing into the landowner options um everything staying active and valid on the projects and waiting for the moment that we're in now when ever Source publishes a schedule saying we're about a year away from construction and then we can start planning the final construction designs and get in front of the building inspector but outside of that there's nothing else that the projects need to move to construction other than the certainty around whenever source is going to be done with their work that's there's there's no other that that's the last thing that we need to move into construction um and with these schedules now being refined to the point like up until um that June update that I just handed you um ever sort the the dates were about a year further into the future they got an improvement on their Transformer delivery date from their Transformer manufacturer for that Wing Lane substation that just pulled um the date in in that June update by about a year so we're now the projects are now at a point where they can we're you know about a year away from the available in service date um that's about how long it takes to construct a project um so the the current projection is that you know sometime in the next 6 months or so around the end of the year we will be um in front of the building inspector to apply for the building permit and navigate to that fall of 2025 eversource and service date yeah I mean I would just say you you hinted at it good cause is something that's out of your control this is completely there's nothing that the that the projects could do um and that is that is the essence of good cause the case law is clear on that um so from what I'm told that's debatable uh you have case law that can go in either direction regarding du uh cause I respectfully disagree um I we the cases are the cases um however the we don't want to be in that situation nobody wants to be in that situation nobody wants to be in in litigation it's not it's not conducive for anybody um and is clear now that there is a path ever source is now doing what what they have to do they got all their approvals from the state um so yeah you know and the way from my vantage point you know there is a there's a clear path here and it's just going to get clearer every month that ever so it meets with the developers but but the the uncertainty is now is now pass now we can start moving forward so you know in my mind I'm very confident in our position of good cause uh we don't want to have to litigate it um but there I I there is nothing that these developers could have done um to do anything more they they've done everything they could possibly do including pay millions of dollars um I you know I think that c that's that speaks volumes if it was a different story if they had the opportunity to to spend the money and and didn't want to spend the money with ever Source uh that's a differ you know then I from that vantage point you could you could say oh well they're not doing everything they can do but you know they they put their money where their mouth is and a lot of money I think some of the things that um that the projects have been doing during this you know period of you know to the board would otherwise be dormant because there was no actions that the projects had to do that would come under your purview or jurisdiction but we listed him in that June 2nd letter of last year the um the group in Impact study the affected system operator study um the sips being filed with the dpu the sips being approved by the dpu getting the ISA from the utility company paying the deposits like all those things are you know they other bodies and other jurisdictions where the projects were had a lot of activity but nothing necessarily that would come in front of the board but I don't want you to think that the last 3 years the projects have just been sitting idly by there's everything that they're doing to be active and ready to for the to understand the inservice date and now and align the construction time period with that the projects have undertaken that and they're and they're ready to go as soon as the the confidence level in the ever store schedule is is there to push ahead we're we're ready to apply for a building department are we limited to how much we can extend their permit no we can extend the permit for a year we can extend the permit for 2 years we have the right to extend it for as long as we choose it does not have to be an automatic okay and our new bylaw that just passed we actually went from three years back down to 2 years and it gives us the right to extend as long as we choose okay um so the way I see it you have one that's expiring we both agree on the 29th of this month and one that you say expires in August you say expires next week right uh the Tom clerk went over this yesterday and she says that it is the 16th for Moes Lane um yeah I I all I know about that I wasn't in I know that um uh representative from DSD was in touch with back and forth with the town on these dates and he he I think he has email so you know we need to get there is there is a right answer to this uh I mean it's not I actually may have a copy of that I can look it up if that's helpful you know I I did see a stamp on from the town clerk that said uh um August 3rd 2021 um but yeah well th this isn't this isn't something that we can we have to debate about but there should be an answer to that um and and and again you know in another month or so we'll know more what the what this the legis just going to do it cuz that's that'll supersede anything anybody does if those if those bills pass so maybe we put it off until they see what the law is going to do I'm I'm a bit torn because again I hate to vote on something with all this is something right there's only three of us and it's an important vote if we're going to vote to extend um it has to be unanimous I think we should wait till we have a full board I agree it's not going to it's not going to hold anything up or stop anything right if we extend it for just another month or two until we get another full board right okay so again I I didn't know you were going to have your attorney here today uh it would have been nice if our attorney was also here or via Zoom um and it would be good specifically for you if we had a full board um I'm willing to what it whether it ex whether one permit expires on the 16th or it's in August let's just go with worst case scenario it's the 16th and then you have another one expiring at the end of the month on the 29th so let's just say in the next 3 weeks both of your permits are going to expire um I would entertain a motion to extend the permits both permits for two months until we could one get more clarification on on due cause good good cause and make sure that we have a full board because I do know that our other members are also um would have questions regarding this as well I I all I would I I I'm fine with that I I sit on boards in my town and I I totally respect that you want to have your full board I think that's I think that that should happen I just have to say for the record it's not it's not me being antagonistic or anything I just have to say for the record that we consider it already extended for good cause U that's your I I have to say that that's all just just because I don't you know a year from now somebody could say well you were at the you were at the meeting and you didn't you didn't say oh here's what you think so that that's all I'm saying I'm not saying it to be right no and and you have your opinion and I can look at you and say that I don't think that is good cost whe whether you paid a million 2 million 20 million that doesn't concern me that's between you and uce I don't care how much money you've put out I don't care if you paid it I don't care if you have to go find donors that has nothing to do with me in this board or this town um and you might think it's good cause and let me ask one quick question and maybe you could educate me how is it that we have other solo fields in the same area as yours and they've gotten approved in yours hasn't why what's is there a reason why they've been able to connect and you have they were not caught up in the SI that's the only that that's the problem is that these projects and they're not alone there's a lot of projects that got caught up in these group studies so those those projects wherever they they were you know by by Locker or whatever um or a or not in these group studied where everything everything screeched to a halt and there was nothing the developers could do they were op they were able to operate on the the usual course of business which is what these developers in this case thought they were doing when they when they went into the interconnection queue in 2018 and 2019 and did all the work with this board to to obtain their permit so you know they those projects that you're referencing you know they they got lucky that that's the difference they're not similarly situated there are no projects that are in the Mary and Fair Haven um group that um are are interconnected or even close they're in the we're in the same position as all those other projects in the group so you know those so you're saying that group was designated a group after they've already got there it was just there was a cut off point um sometime in like late yeah but it seems like a lot of you all came in at the same time so I kind of don't get how this well there was a cut off point in like believe yeah believe me I mean it was an arbitrary decision by eversource to they they did a cut off date sometime in you know in 2019 2020 and it was like all you know they gave they gave certain projects the key for this whole thing is What's called the interconnection service agreement which is what we've been referencing that's what you need source and for they made an arbitrary cut off date on where where certain projects were located and where they were in the queue and said these projects were going to will give you the internet connection service agreement all these other projects you have to study as a group and then it got caught up in the whole dpu proceeding because the dpu said we have to figure out a way how how these expensive upgrades are going to get paid for um and it just it launched into uh all kinds of things at the dpu so so the what you're saying those projects you know they we wish we were those projects um you know in that in that sense um and and all I'm saying you're right we everyone has their own opinion on good cause I'm just saying that we we believe we have good cause that that's all so that's that's all I wanted to say on that's fine that's again that's your opinion and I I was told and you said there's a lot of case law case studies that show that this would be good cause and I'm not denying that there I'm sure there is but I was also told there's lots of case causes out there that show that this is a good cause and it's a it's a gray area so to speak of what we could you know I I to I totally understand yeah I I totally I totally understand and talk to your talk to town I think that's a great thing if I could if I could talk to Town Council we could and and I'm fine with that also we've done that in other towns and I've been able to get a get with other Town Council and we've you know we we've batted it around and we've reached we've reached agreement so um I'm I'm fine with that that's that's what I wanted to do um ahead of this uh was to try and reach reach out with the Town Council so but we understand that that you need a full board here that's and that's we we totally respect that um I I think it would Ben fit you uh if we had a full board um more than anything else um so what I'm willing to do is and and maybe get more clarification from Town Council again I'm not here to I don't think anybody on the board is here to just shut you down yeah you know what I mean uh We've approved a lot of solar farms in the town and I'm sure we'll have more coming down the pike um we have have set a type of Precedence on what we approve what we don't approve what we extend and what we don't extend um and I like to try to stick to the Precedence I I don't want to agree to one and disagree to another under the same cause um so we're not going to vote on anything tonight we don't have to vote on anything tonight we're not going to vote on anything tonight what I will say is we will vote no correction we will vote to extend your permit at least if at least for the next two months um I was just going to I flow but I just was curious about um schedule over the summertime do are you still meeting twice monthly we are still meeting twice monthly and and and normally we have uh usually we have a full board um we don't tonight um and I'll be honest with you we're not going to have it again next meeting uh I would recommend the August 8th which is not the next but the second one from now August 8th meeting um I know I will be available um these two gentlemen should should be available and I'll try to do every effort to make the other two gentlemen available that day as well um and then we'll make a vote I'm I'm available that that date okay all right and in the meantime I'll try to get you um I'll try to get you in town Council uh to try to Hash this out sure and and again nobody's here to to disagree or shut anybody down uh nobody wants to to go to Lanore or do any of that either you know so we want what's best for the town and and and and again I'm going to I'm going to reiterate we're going to we set a precedence and I like to try to stick to it I try not to make one better than the other or one you know over the other for for the same cost uh so uh gentlemen I'll initate a motion to extend their special permit for 60 days until we can get clarification and uh get ourselves a full board for the proponent now I make a motion to extend the uh special permit for another two months I'll second it all in favor I all what date two months from today let's just go two months from today we'll extend the special PR for two months from today for both projects for both projects uh today's the 11th we'll go to September uh you know what Peter why don't you redo that to we have a date for the 5th we have September 5th and September 9th 19th meeting yeah so let's uh why don't we go the 5ifth of the 19th that gives them the fifth is a little over a little less than two months the 19th a little over two months so what go the 19th the 19th that's a that's a it's a meeting day y so what let's ex let's make a motion to extend the special permit until September 19th I'll second that all in favor I we get till September 19th gentlemen we will do everything in our favor I will actually probably try to get this done before then like I said uh preferably on our not the next meeting because the next meeting is the 25th of July and I will not be here and I would like to be here uh so the ne the following meeting would be on August 8th I'm going to do everything in my power to get all five members here on August 8th that gives us you know a little bit less than a month to to work everything out possibly get you in touch with Town Council so you know that can maybe get a few more answers taken care of in the background and um I can get some more answers and then we we can make a decision then procedurally do um do you will can we is that are we going to be on that Mee or do you need another extension request letter from us to extend the 919 date further to say that again please do do we need to resubmit another extension request later or is the meeting on 919 going to be like discussion of the one that we already did submit well I think I think what they're trying to do if it all works out is to is to have this te up for the August that's what I'm like to do but no I mean you've already sent in a a letter of requesting an extension we've already voted uh for the extension uh you're extended to so you know if for some reason we don't te this up and get it taken care of on a in uh August 8th and this goes a little further than we still got other meetings we still we still have time for another meeting after that one before the 19th so we still have time if need be for for whatever reason I hope not to okay uh but no we made the vote the vote's good you've already submitted a letter uh we'll make it to the 19th of September but I'm hopeful that on August 8th we can take care of this vote one way or the other and how how should I should I just wait to hear from Town Council or uh no uh you've got uh you've got the email if you can email the planning board you are or them somebody email them your contact information and then I'll forward that over okay and um I'll see what you know we can do that way okay great okay thank you very much appreciate it I got be here too okay keep you said everything I want yeah please go ahead okay uh CH chairman Fran members of the board first sorry introduce yourself I'm going oh I I I I was addressing you Ben got thank you sorry yeah um John Williams I'm an attorney in Mass I also am the U Trustee of greenu trust at Queen Brier Camp the trust the owner of the former Girl Scout camp um so I've been working on this for quite a few years and I'm as frustrated as you are with the utility delays but um I've been working I'm trying to trying to create more of a probably probably because of my wife you I me but more of a green project and and less instead of doing housing in uh in there the the the Upland for what I was going to put housing in the senior housing I you new B law like it you could you get some get a lot of units so instead of doing that doing the doing the solar project renewable energy I also been working with u buzzit Bay Coalition Mar Marr new who's a friend of mine and we and we're working with him they're going to get 65 acres of the rear of this property that's going to connect up to other pieces he got from a cushan SS company and they don't have to access from mle Road initially they wanted to access from mle Road they don't have to do that now so it's it's it's it's it's good it's not going to create any any traffic or parking problems on mle road but um I I know dealing with the state and they they passed um I got chapter 91 license they have they passed permit extension act almost all all kind all permits they automatically extended they have Co tolling that that's that that extended it I think David um is little more up in the ball on it than I am but um I think so you mentioned that you had heard that um utility delays didn't constitute good cause is this is there some case law or maybe maybe did your Town Council I was told that there is case loging in both directions yes from Town Council yes okay well that's good maybe maybe when we talk to him maybe there is something that we that we unaware of but but anyway um that's fine so we're going to be back back here on okay that's what I'm shooting for is August 8th I'm I'm going away so I won't be here for the next meeting which is the 25th I think it is and then August 8th is the following one after that two weeks after that I'll be here these two gentlemen will be here and I'll do everything I can to get the other two gentlemen here that day as well um and we can try to you know get all the information from Town Council hopefully like I said get Town Council involved and you guys can talk in the background um and then go from there okay well thank you for um because of the the because of the the timeline here obviously we if we didn't get the two month extension we'd have to go forward tonight so it's it was thank you for offering to have the fight I I understand and and yes we we we've already been here a year ago and we denied the extension that's when we were educated on the change in the state on permitting tolling for another year uh and I can't guarantee what the the the the outcome will be but like I said we'll get everybody here and we'll get a little bit more information from Town Council and yeah we'll go from there that's we need to make a inform decision so exactly perfect thank you guys just one I was going to ask one more question before we leave um you mentioned the um standards that you're trying to apply to everyone fairly which I really appreciate um and understand I think that's a very fair and good approach um can you maybe can you share what what the standards are that you've applied I've almost yeah I i' I've and again I don't speak for everybody the board is you know they're individual they vote how they feel they want to vote my standards for my vote is if a Solar Company has been actively trying again see you brought something to light today that I wasn't quite aware of nobody heard what what's that nobody's heard nobody's ever brought that information nobody brought the information that you brought in saying that they could but you couldn't for whatever reason so we've got other solar companies that they've started they've started clearing they started put up solar panels they've started they're doing their thing some of them have hit roadblocks for like I said could be conservation could be abutters whatever they've hit roadblocks and their permits have come up and they've come in for extensions and like okay look this person's been trying to do it they've been building they've been doing this they've been doing that oh they just hit some Wetlands now they've been stalled because of conservation and now their permit has come to an end so we've extended permits for those reasons uh for other reasons of not doing anything whatsoever there hasn't been a permit pool there hasn't been a tree cut there hasn't been anything done I don't I'm not even sure if you guys have gone to conservation I don't know if there's Wetlands I don't know if anything's been delineated I don't know if anything's been done out there so in my opinion 3 years zero has happened that's my litus test that's my test of yeah n that's my good cause I will um we'll make it a point then um to bring some more information to the August meeting or submit it ahead of time about the cut off date where projects that came before that enjoyed a normal interconnection application process and schedule and projects after that got put into these group studies cuz believe you me like if we could be in that other group and under construction right now we would love to be in that well that's that's new information that we weren't aware of that that you know CU in my opinion I have a solar comp a solar farm on Wing Lane they were able to build and connect I have a solar farm right here on Main Street they were able and all these permits were all pulled more or less the same time give or take 6 months or so all these permits were pulled more or less at the same time they've been able to build they're connecting we got two more moers Lane and Cushing Lane and you know four other projects that are in the process and you know why not you and it's all again all these permits were pulled more or less at the same time I wasn't aware and if you could give me some facts of why these were able to go through and you were not you were held up purposely then that'll go a long way what that what that effectively means is in the matter of a few weeks you know if their application went in a few weeks ahead of ours they were on the right side of that cut off date and they got to enjoy you know the normal air connection process is like a 68 month process whereas we applied you know a few weeks into 2018 and ours has been you know almost a six-year process yeah these are one of those possible roadblock scenarios that we have to look right and it was and it wasn't there was no Rhyme or Reason how eversource did their cut off as to which projects were going to be on the one side which on the other they was ARB they just was arbitrary they just picked the date and that was it I'm just trying to look at other ones that are here that might have been 355 Main Street they were their building per was issued on on in 2022 so the there's some before you and some right around the same time as yours and again I wasn't aware that you know they put the the Heisman in front of you no more if you can give me some more information on that that would go a long way okay if I could find out why they were and you were where that cut off line was uh that'd be good information and the real yeah we can give you some of that information the real what what really there was about a year maybe almost a 2-year period where um that wasn't disclosed to the developers that had all applied around the same time and then um it slowly came out that everything's been named into a group study then there was an indefinite hold placed on everything and here we you know we were still all the developers were still you know permitting assuming a 68 month interconnection process got told that there was a hold and then were placed on hold for I I don't know the exact time period I can look it up but it was almost a year and a half so here we were like we had permanent assuming it would take 6 months and then um there was a year and a half hold then they started a group study the study itself took a year and then things sat for another year or more before dpu approved the study so that was the good cause time period where everyone that applied around the same time assumed a normal interconnection process and and it just didn't play out that way okay Co the more information you get us the better it'll be uh hopefully on August 8th we can uh resolve it thanks really appreciate the way you guys handled things tonight and appreciate your time thank you very much appr thank you uh all right gentlemen that was actually both uh m road and more so that that was the end of that uh no Town planner no Town planner updates no new business has come in is there anything you'd like to discuss good I'm good I'm good I toate a motion I make a motion to close the meeting I will second that all in favor all thank you good night [Music] [Music] [Music]