8819 B_ZONING AMEND. - SOLAR ENERGY SYSTEMS - CITY COUNCILORS - DEFEATEDp4-0,�0jj-tI a-1j-17
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TOR-2017-10 as amended
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING
ORDINANCES TO ADD SOLAR ENERGY SYSTEMS
(Sponsored by Coumeilors James P. Cichetti, Joseph Mineo and Anthony R. Suffriti)
WHEREAS, pursuant to M.G.L. Chapter 40A §5, the Agawam City Council may
propose amendments or additions to the Agawam Zoning Code; and
WHEREAS, solar energy systems, including commercial ground mounted solar energy
installations are currently not defined, regulated or referenced in the Agawam Zoning Code; and
WHEREAS, the Town of Agawam currently does not have in place an ordinance to
provide standards for the placement, design, construction, operation, monitoring, modification
and removal of commercial ground mounted solar energy systems that addresses public health,
safety and welfare and minimizes impacts on scenic, natural and historic resources and also
provides adequate financial assurance for the eventual decommissioning of such installations nor
is it addressed anywhere within the Agawam Zoning Code; and
WHEREAS, it is in the best interest of the Town. of Agawam to amend the Code of the
Town of Agawam to add Solar Energy Systems; and
NOW THEREFORE, the Agawam City Council hereby resolves, ordains and amends
and enacts the attached Article )M entitled Solar Energy Systems to be inserted into the Code of
the Town of Agawam.
DATED THIS DAY OF .2017.
PER ORDER OF THE AGAWAM CITY COUNCIL
James P. Cichetti, President
APPROVED AS TO FORM AND LEGALITY
Patrick M. Toney, Solicitor
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ARTICLE XXI: SOLAR ENERGY SYSTEMS
§190-146 Purpose
The purpose of this ordinance is to promote the reasonable regulation of solar energy systems
including commercial ground mounted solar energy installations by providing standards for the
placement, design, construction, operation, monitoring, modification and removal of such
installations that address public health, safety, and welfare and minimizes impacts on scenic,
natural and historic resources and provides adequate financial assurance for the eventual
decommissioning of such installations.
§180-47 Definitions
BuildiMintegrated solar ogergy aygem. A solar energy system that is directly incorporated
into the building by replacing typical building materials.
Commercial Ground -mounted —solar energy system. A large scale commercial solar energy
system that is installed onto the ground directly or by means of brackets or poles.
Roof -mounted solar energy system. A solar energy system mounted to a house or other building.
§IW48 Solar Energy Systems
Building -integrated solar energy systems and Roof -mounted solar energy systems are
allowable as an accessory use in all zoning districts, subject to the following requirements:
1. Height. Roof -mounted solar energy systems shall not project beyond three
feet above the peak of the roof and shall not be more than three feet above the roof
surface to which they are attached,
2. Setback. Roof -mounted solar energy systems shall comply with all building
setbacks in the applicable zoning district and shall not extend beyond the exterior
perimeter of the building on which the system is mounted.
3. Coverage. Roof -mounted solar energy systems shall not cover more than
eighty percent of the total area of the roof.
4. Exempt. Building integrated solar energy systems are exempt from the
requirements of this section and shall be regulated as any other building element.
5. Certifications. Roof -mounted and Building -integrated solar energy system
components shall be certified by Underwriters Laboratories Inc. and the Solar Rating
and Certification Corporation. The town reserves the right to deny a building permit
for proposed solar energy systems deemed to have inadequate certification.
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6. Aesthetics. All Roof -mounted and Building -integrated solar energy systems
shall use colors that blend with the color of the roof or other structures. Reflection
angles from collector surfaces shall be oriented so as not to interfere with the use and
enjoyment of other properties. Where necessary, screening may be required to address
glare.
§180-149 Commercial Ground Mounted Solar Energy System
This balance of this ordinance shall apply to commercial ground -mounted solar energy
systems (Commercial Ground Mounted Solar) installations measuring one (1) acre and
larger.
§180450 General Requirements for All Solar Power General Installations
a. Compliance with Laws, Ordinances and Regulations
The construction and operation of all Commercial Ground Mounted Solar installations shall be
consistent with all applicable local, state and federal requirements, including but not limited to
all applicable safety, construction, electrical, and communications requirements. All buildings
and fixtures forming part of a Commercial Ground Mounted Solar installation shall be
constructed in accordance with the state building code and any other applicable state and
federal laws.
b. Location
Commercial Ground Mounted Solar installations shall be allowed as a matter of right in any
industrial zone. No Commercial Ground :Mounted Solar installations shall be constructed or
installed in any residential or business zone.
c. Building Permit
No Commercial Ground Mounted Solar installation shall be constructed, installed or modified
as provided in this ordinance without first obtaining a building permit.
§180-151 Site Plan Review
All Commercial Ground Mounted Solar installations shall undergo site plan review as outlined
in 1180-13 of the Code of the Town of Agawam prior to construction, installation or
modification of the facility as provided in this ordinance. The total area of Commercial Ground
Mounted Solar structures shall include the areas where the solar panels are installed, all
appurtenant and accessory buildings, access roads, landscaping and visual screening elements.
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Required Documents
In addition to the required site plan content described in §180-13 of the Code of the Town of
Agawam, the project proponent shall provide the following additional documents and
information to the Planning Board. The Planning Board may waive any of these requirements
as it deems appropriate.
a. A site plan showing:
L property lines and physical features, including roads for the project site,
wetlands, wildlife corridors and other relevant features;
iL location and approximate height of existing and proposed tree cover,
including any trees on public property that are approximated to be
seventy-five years and older or with a diameter of thirty-six inches or
pert
K proposed changes to the site, including proposed roads, grading,
vegetation clearing and planting, parking areas, exterior lighting,
screening vegetation and all structures;
iv. elevations of the Commercial Ground Mounted Solar installation
including the proposed layout of the system and any potential shading
from structures and vegetation, including those on abutting properties;
V. a three -line electrical diagram detailing the Commercial Ground Mounted
Solar installation, associated components, and electrical interconnection
methods, with all national electrical code compliant disconnects and
overcurrent devices;
VL documentation of the major system components to be used, including the
photovoltaic panels, mounting system and inverter;
vii. name, address, and contact information for the proposed system installer;
viiL name, address, and contact information for the project proponent, as well
as, all co -proponents and property owners, if any;
ix. the name and contact information of any agents representing the project
proponent;
X. documentation of actual or proposed access and control of the project site;
xi. an operation and maintenance plan for the proposed project;
xii. the location of active farmland and prime farmland soils, wetlands,
permanently protected open space, priority habitat Areas and critical
natural landscape core habitat areas as set forth by the Natural Heritage
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and Endangered Species Program (NHESP) and "important Wildlife
Habitat" mapped by the Massachusetts DEP; and
xiii. locations of any local or national historic districts.
b. Proof of property and liability insurance consistent with industry standards
for the proposed facility;
C. Description of financial surety consistent with this ordinance; and
d. A public outreach plan, including a project development timeline, which indicates
how the project proponent will inform and educate abutters and the community
about the project.
All plans shall be prepared, stamped and signed by a Professional Engineer licensed in the
Commonwealth of Massachusetts.
§180-152 Site Control, Operation and Maintenance Plan, and Utility Notification
a. The project proponent shall submit documentation of actual or proposed access
and control of the project site sufficient to allow for the construction and
operation of the proposed Commercial Ground Mounted Solar installation.
b. The project proponent shall submit a plan for the operation and maintenance of
the Commercial Ground Mounted Solar installation, which shall include measures
for maintaining safe access to the installation, storm water controls, as well as,
general procedures for operational maintenance of the installation.
C. The project proponent shall submit evidence that the utility company that operates
the electrical distribution system grid where the installation is to be located has
been informed of the proposed Commercial Ground Mounted Solar installation
Off -grid Commercial Ground Mounted Solar installations shall be exempt from
this requirement.
§180-153 Dimension and Density Requirements
it. Setback and Height Requirements
The setbacks for Commercial Ground Mounted Solar installations, including
appurtenant structures and parking areas, shall be at least fifty (50) feet from any
properly boundary. The setback areas shall not be included in the calculation of
the size of the Commercial Ground Mounted Solar installation. The height of
any Commercial Ground Mounted Solar installation or any appurtenant structure
shall comply with the height requirements contained in the Code of the Town of
Agawam for the zone in which the installation is located.
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b. Lot Coverage
The lot coverage requirements of 1180-58 of the Code of the Town of Agawam
shall not apply to Commercial Ground Mounted Solar installations.
e. Appurtenant Structure
All appurtenant structures to Commercial Ground Mounted Solar installations
shall comply with the requirements of the Code of the Town of Agawam. All
such appurtenant structures include, but are not limited to, equipment shelters,
storage facilities, transformers, and substations.
§180-154 Design, Safety, and Environmental Standards
a. Lighting
Lighting of Commercial Ground Mounted Solar installations shall be consistent
with local, state and federal law. Lighting of other parts of the installation, such
as appurtenant structures, shall be limited to that required for safety and
operational purposes, and shall be reasonably shielded from abutting properties.
Where feasible, lighting of the Commercial Ground Mounted Solar installation
shall be directed downward and shall incorporate all reasonable measures to
reduce light pollution.
b. Signage
Any signs on Commercial Ground Mounted Solar installations and property shall
comply with Article XIII of the Code of the Town of Agawam. A sign shall be
required which shall identify the owner and provide a 24-hour emergency contact
phone number. Commercial Ground Mounted Solar installations shall not be used
for displaying any advertising except for reasonable identification of the
manufacturer or operator of the Commercial Ground Mounted Solar installation.
C. Utility Connections
Reasonable efforts, as determined by the Planning Board during the site plan
review, shall be made to place all utility connections from the Commercial
Ground Mounted Solar installation underground, depending on appropriate
soil conditions, shape, and topography of the site and any requirements of the
utility provider. Electrical transformers for utility interconnections may be
above ground if required by the utility provider.
d. Landscaping
All land associated with the Commercial Ground Mounted Solar installation shall
be covered and grown in natural vegetation All ground surface areas beneath
solar arrays and setback areas shall be pervious to maximize on -site infiltration
of storm water. Impervious paving of areas beneath solar arrays is prohibited.
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To the greatest extent possible, a diversity of plant species shall be used, with
preference given to species that are native to New England. Herbicides shall be
applied only by properly licensed personnel in conformance with all applicable
state and federal laws.
e. Parking and access
Reasonable on -site parking is required for vehicles that will service the
installation only.
L Visual Impact Mitigation
The plan for a Commercial Ground Mounted Solar installation shall be designed
to maximize the preservation of on -site and abutting natural and developed
features. In undeveloped areas, existing vegetation shall be retained to the greatest
extent possible, especially where such vegetation provides a benefit to the natural
environment. In developed areas, the design of the Commercial Ground Mounted
Solar installation shall consider and incorporate contextual landscaping and
landscape amenities that complement the physical features of the site and abutting
properties. Whenever reasonable, structures should be screened from view by
vegetation and/or joined or clustered to avoid adverse visual impacts and be
architecturally compatible with each other. Vegetation shall be of varieties native
to New England. Vegetative screening shall reach a mature form to effectively
screen the installation within five years of installation. The mature height of the
vegetated screening shall be such that the installation's structures are not apparent
to a person upon any public road and viewing the installation from a height of
eight (8) feet. Planting of the vegetative screening shall be completed prior to
final approval of the Commercial Ground Mounted Solar installation by the
Building Inspector.
g. Emergency Services
The owner or operator of the Commercial Ground Mounted Solar installation
shall provide a copy of the project summary, electrical schematic, and site plan to
the Agawam Fire Department. Upon request, the owner or operator shall
cooperate with local emergency services in developing an emergency response
plan. ,All means of disconnecting the Commercial Ground. Mounted Solar
installation shall be clearly marked. The owner or operator shall identify and
provide contact information for a person who is responsible for responding to all
public and emergency inquiries related to the installation. This information shall
be updated as needed.
h. Land Clearing, Soil Erosion and Habitat Impacts
Clearing of natural vegetation shall be limited to that which is necessary for the
construction, operation and maintenance of the Commercial Ground Mounted
Solar installation or otherwise prescribed by applicable laws, regulations, and
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ordinances. Sufficient vegetation shall be maintained to minimize soil erosion.
Commercial Ground Mounted Solar installations shall be installed only upon
water permeable surfaces as approved during site plan review.
i. Preservation of Trees
Commercial Ground Mounted Solar installations shall be designed and
constructed to preserve and maintain the health and root systems of significant
trees on public property that are approximated to be seventy-five years and older
or with a diameter of thirty-six inches or greater.
i. Wildlife Corridors
Commercial Ground Mounted Solar installations shall be designed and
constructed to minimize the impacts on wildlife corridors.
IL Sound Levels
Sound levels under normal operating conditions of the Commercial Ground
Mounted Solar installation measured at the boundary of the lot on which the
installation in sited shall not be more than ten decibels greater theta would
otherwise exist in the absence of the facility.
1. Hazardous Materials
Hazardous materials that are stored, used, or generated on site shall not exceed the
amount for a very small quantity generator of hazardous waste as defined by
Massachusetts DEP and shall meet all applicable requirements, including storage
of hazardous materials in a building with an impervious floor that is not adjacent
to any floor drains to prevent discharge to the outside environment. If hazardous
materials are utilized within the solar electric equipment, then impervious
containment areas capable of controlling any release to the environment and to
prevent potential contamination of groundwater are required.
m. Independent Engineer
Upon request of the Planning Board, the proponent shall pay for a licensed third -
party independent engineer selected by the Planning Board to assist the Planning
Board in its review of submitted materials.
§188-154 Monitoring and Maintenance
a. Solar Photovoltaic Installation Conditions
The owner or operator of the Commercial Ground Mounted Solar installation
shall maintain the facility in good condition. Maintenance shall include, but not
be limited to, painting, structural repairs, landscaping and integrity of security
measures. Site access shall be maintained to a level acceptable to the Agawam
Fire Chief, Building Inspector and Town's Electrical Inspector. The owner or
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operator shall be responsible for the cost of maintaining the installation and any
access road, unless accepted as a public way.
b. Modifications
All material modifications to a Commercial Ground Mounted Solar
installation made after issuance of the required building permit shall require
site plan approval by the Planning Board
c. Removal Requirements and Abandonment
i. Abandonment
Absent notice of a proposed date of decommissioning or written notice of
extenuating circumstances, the Commercial Ground Mounted Solar
installation shall be considered abandoned when it fails to operate for more
than one year without a written waiver by the Planning Board.. If the owner or
operator of the Commercial Ground Mounted Solar installation fails to
remove the installation in accordance with the requirements of this section
within one hundred fifty days of abandonment or the proposed date of
decommissioning, the Town or its agents may enter the property and
physically remove the installation, the full cost of which shall be the
responsibility of the owner or operator.
ii. Removal Requirements
Any Commercial Ground Mounted Solar installation which has reached the
end of its usefid life or has been deemed abandoned consistent with this
ordinance shall be removed. The owner or operator shall physically remove
the installation no more than one hundred fifty days after the date of
discontinued operations. The owner or operator skull notify the Planning
Board by certified mail of the proposed date of discontinued operations and
plans for removal. Decommissioning shall consist of
l.. physical removal of all ground mounted solar photovoltaic installations,
structures, equipment, security barriers and electrical lines from the site;
2. disposal of all solid and hazardous waste in accordance with local, state,
and federal waste disposal regulations; and
3. stabilization and re -vegetation of the site as necessary to minimize
erosion. The Planning Board may allow the owner or operator to leave
landscaping or designated below -grade foundations to minimize
erosion and disruption to vegetation.
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§180-155 Financial Surety
The project proponent of Commercial Ground Mounted Solar installations shall provide a form
of surety, either through escrow account, bond or line of credit from a creditable financial
institution, in an amount sufficient to cover the cost of removal in the event the Town of
Agawam deems the Commercial Ground Mounted Solar installation to be abandoned and must
remove the installation and remediate the landscape. The amount and form of the surety shall
be determined to be reasonable by the Planning Board, but in no event should exceed more than
one hundred ten percent of the cost of removal and compliance with the additional requirements
set forth herein, as determined by the project proponent. Such surety is not required for
municipally -owned or state-owned facilities. The project proponent shall submit a fully
inclusive estimate of the costs associated with removal prepared by a qualified engineer. The
amount shall include a mechanism for calculating increased removal costs due to inflation.
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Planning Board
36 Main Street, Agawam, Massachusetts 01001.1801
Tel.. 413.726-9737 Fax 413-786.9927
September 11, 2017
James P. Cichetti, President
Joseph Mineo, Vice President
George Bitzas, Councilor
Cecilia P. Calabrese, Councilor
Paul C. Cavallo, Councilor
Christopher C. Johnson, Councilor
Gina M. Letellier, Councilor
Donald M. Rheault, Councilor
Robert Rossi, Councilor
Anthony Suffriti, Councilor
Richard Theroux, Councilor
Agawam City Council
36 Main Street
Agawam, MA 01001
Dear Councilors:
At its duly called meeting held on September 7, 2017, the Agawam Planning Board voted 3-0 to
send a positive recommendation to the City Council regardingTOR-2017-10 - Zoning
Amendment entitled "Add Solar Energy Systems" and recommends that the attached comments
from the Planning Board be addressed and the attached comments from Doreen Prouty be
addressed; as well as adding a provision for minimum lot frontage as discussed at the Board's
public hearing.
If you have any questions, please contact this office at 786-0400, extension 8245.
crj
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Sincerely,
Mark R. Paleologopoulos, Chairman
Agawam Planning Board
Cc: Town Clerk, Mayor, Law Department, Building Inspector, e
im
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Article XXI: "Add Solar Energy Systems"
Planning Board Comments - Updated
180-149 Commercial Ground Mounted Solar Energy Systems
• Add language that clarifies if "measuring one (1) acre and larger" refers to the lot size or
lot coverage.
o Change to: "this section applies to commercial ground -mounted solar energy
systems compounds, measuring one (1) acre and larger.
Strike "the provisions of this Section shall not apply to land owned by the Town of
Agawam."
180-153 Dimension and Density Requirements
• a. Setback and Height Requirements
o All New Language
■ Change to: "The setbacks side yard and rear yKd for commercial ound-
mounted PV installations includin a urtenant structures and parking
areas shall be at least seventy-five 75 feet from any propenyboundga-
The setback side yard and rear ygd areas shall not be included in the
calculation of the size of the commercial ound-mounted PV installation.
The height of a commercial round -mounted PV installation or an
a urtenant structure shall not exceed 25 feet exce t with a royal of the
Board of AMeals after a public hearing."
• b. Lot Coverage
o Would like to see language specific to how much lot coverage is allowed specific
to commercial ground -mounted PV installations
180-154 Design, Safety, and Environmental Standards
• a. Lighting
o Strike "reasonably" from "and shall be reasonably shielded from abutting
properties."
■ All abutting properties need to be shielded.
o Strike "Where feasible" from "Where feasible, lighting of the ground -mounted
solar PV installations shall be directed downward and shall incorporate full cut-
off fixture's to reduce light pollution."
■ All lighting needs to be directed downward.
• d. Landscaping
o Add language for both deciduous and coniferous plantings to be used
o Add language for a minimum original planting height of six (6) feet.
o Add language for all natural vegetation shall be maintained annually
o Strike "whenever reasonable" from "Whenever reasonable structures should be
screened from view by vegetation and/or joined..."
■ Change to: "Structures shall be screened from view by vegetation and/or
joined..."
o Add language for both deciduous and coniferous plantings to be used.
o Add language for a minimum original planting height of six (6) feet.
o Add language for all natural vegetation shall be maintained annually.
180-154 Monitoring and Maintenance
• **Numbered incorrectly, should be 180-155**
• Would like clarification of what 1$0-2(C)(1) refers to. Unable to locate.
• Add language for updating contact information.
o Suggestion: All contact information for the owner, operator, and maintenance
personnel must be updated annually with the Agawam Fire Chief, Building
Inspector, and Electrical Inspector.
180-155 Financial Surety
• **Numbered incorrectly, should be 180-156**
Town of Agawam
Zoning Board of Appeals
36 Main Street, Agawaaxn, Massachusetts 01001-1801
Tel. 413-726.9739 Fax 413-786.9927
September 1, 2017
To: Agawam Planning Board
Chairman Paleologopoulos:
The new proposed solar ordinance TOR-2017-10 is corning together nicely. There are still a few
areas that 1 feel are important and need to be addressed. Attached are my comments on the
proposed ordinance. Thank you for allowing me the opportunity to voice my opinion.
Sincerely,
Doreen Prouty
Chairperson, Zoning Board of Appeals
0
r:
TOR-2017-10
PROPOSED SOLAR ORDINANCE
180-146 PURPOSE
-Fine as is.
180-147 DEFINITIONS
-Commercial ground -mounted solar energy systems can be small or medium as well as
large. Granted, most commercial systems will probably be large scale. However, smaller sized
systems are possible, both as a principle use or accessory use. The definitions of small, medium
and large scale systems that are ground -mounted should be included so there is no confusion as
to what exactly is being proposed.
-small scale: solar energy system that occupies 1,750 square feet of surface area
or less.
- medium scale: solar energy system that occupies more than 1,750 square feet but
less than 40,000 square feet of surface area.
-large-scale: solar energy system that occupies more than 40,000 square feet
of surface are.
-The definition for roof -mounted solar energy system should also include ground -
mounted: a solar energy system mounted to a house or other building or structurally mounted to
the ground as accessory to the principle use.
180-148 SOLAR ENERGY SYSTEMS
-Ground-mounted solar systems should be added to first sentence; such systems are
allowed as of right as an accessory use, cannot be prohibited but can be reasonably regulated;
should add "All accessory ground -mounted solar energy systems shall be installed either in rear
yard or side yard to the extent practicable." Only someone who proves that the ground system
must be located in the front yard can do so.
-# 1 thru #5 should include ground -mounted systems.
180-149: COMMERCIAL GROUND MOUNTED SOLAR ENERGY SYSTEM
-First sentence not really needed.
-Local governments are not immune from their own zoning, unless such government
chooses to specifically do so. Chapter 180 "Town of Agawam" "Zoning" allows for local
government buildings to be located in all zoning districts, either by the stated exemption or as of
right. Agawam's buildings currently must still meet dimensional zoning regulations as does
anyone else. Why would this be different for solar?
180-150: GENERAL REQUIREMENTS FOR ALL SOLAR POWER GENERAL
INSTALLATIONS
-c. Special Permit:
- #2: the term in this sentence "significantly alter the character of the
neighborhood" is very subjective. What one would consider significant may be
quite different than another. Trying to regulate aesthetics is generally frowned
upon and should be very carefully done.
180-151 thru 180-153
- Fine as is.
180-154: DESIGN, SAFETY, and ENVIRONMENTAL STANDARS
-f: visual impact mitigation: second to last sentence— installation's structures are not
apparent to a person upon any public road ..." : abutting properties should be added since it is
the abutter who will have to look at such a system far more than anyone who just happens to be
driving or walking by. Is 8 feet in height enough? Maybe 10 feet?
180-154: MONITORING AND MAINTENANCE
-Number 154 needs to be corrected to 155
-a: word "Photovoltaic" changed to "Energy"
-b: Should be divided into uses, 1) as of right —"site plan review by Planning Board 2)
Special Permit, approved by Zoning Board of Appeals. If changes are made to a plan that
received special permit approval, applicant must come back to ZBA since proposed new
change(s) may require added conditions.
Town of Agawam Planning Board
Public Hearing
Ordinance to Add Solar Energy Systems (SES)
September 7, 2017
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Thanks to the Agawam Planning Board and Chairman Paleologopoulos
for preparing the Solar Energy Systems Ordinance. Thanks, also to
Councilors Cichetti, Mineo, and Suffriti for sponsoring this ordinance.
This is important legislation that sets the tone for current and future
development of sustainable energy in Agawam, and may become a
model for other communities, as well.
An energy revolution is blossoming all around us. Scientists and
engineers, businesses and homeowners are engaged in the important
task of converting our energy production to sustainable sources.
Advances in solar panel design and efficiency, energy storage batteries,
and electric grid redesign and upgrades are matching and surpassing
the amazing progress already seen in computers and cell phones. We
can expect that our retooling of energy production will present both
foreseen and unforeseen issues that need our attention. Our SES
Ordinance should set standards for its implementation, but also be
flexible and adaptive enough to incorporate rapidly evolving
technology. This SES ordinance is a fine starting point in what will likely
require revisiting and amending in the future.
w
I have some specific concerns and questions that I will refer to by
Section and Item from ARTICLE XXI: SHEAR ENERGY SYSTEMS
Section 190 --149 "Commercial Ground Mounted SES"
"...balance of this ordinance shall apply to commercial ground mounted
systems and shall not apply to land owned by the Town of Agawam."
Does this imply that this ordinance may grow in the future to include
other types of SES's on town property? Will zoning considerations be
needed for Roof mounted SES's on town buildings?
For example. Agawam High School occupies a large land footprint. That
same footprint could incorporate a sizeable roof -mounted SES without
additional land usage. On site sustainable energy production and
storage would offset energy usage in the high school and would be less
visually intrusive than a ground mounted system. Other town buildings
are equally suitable for roof mounted SES"s.
Section 180 —150 "General Requirements for All Solar Power General
Installations." Item letter "b" Location
This item prevents Commercial Ground Mounted SES in residential and
business zones. How might this restrict businesses from installing on -
site commercial SES's for their own energy independence?
In residential zones, 1 can foresee existing neighborhoods or new
construction setting aside space for ground mounted SES's for electrical
production within their own neighborhood. Does this section restrict
this valid use of SES's? Of course, these same residences can utilize
integrated and roof -mounted SES's. Future zoning considerations may
be warranted.
Section 180 1501tem letter "c" Special Permit
SES's would require special permitting in agricultural zones. Agawam
and Feeding Hills have enjoyed an agricultural character for many
years. Fields of fruits and veggies are commonplace. A productive
agriculture field captures and converts solar energy into useful
products; food and fuel. Interestingly, SES's convert that same sunlight
into a useful product; electricity. The two, agriculture and SES's, are
linked to a common purpose in providing essential needs from sunlight.
This linkage contributes to a "HARMONY" within the community and
within Nature. (HARMONY is a wonderful and powerful word you have
used in this section of the SES ordinance.)
Section "c" 2: "...that SES is not detrimental to the neighborhood and
does not significantly alter the character of the neighborhood."
In my opinion, not utilizing sustainable energy is detrimental to our
neighborhoods. We are interested in significantly altering the character
of our EARTH by transitioning to sustainable energy sources.
OK ... I've made some suggestions, including roof -top solar on AHS and
neighborhood ground -mount solar arrays. Maybe we choose to do
these, maybe not. Other choices may make more sense. The key point
is that when we explore a new frontier, like using sustainable energy
sources, numerous and varied technology choices will rapidly present
themselves. In Evolutionary Biology, we refer to this concept as
Adaptive Radiation. It applies here.
So, in formulating zoning ordinances to address valid concerns, we
want appropriate standards, and we also want to be flexible and
adaptive to new options in the future. As John Fogerty expressed
i
musically, "Put me in coach. I'm ready to play." Yes, Agawam is ready
for sustainable energy. And let's remember, the rules of the game are
still being written. As long as we stay alert and do our homework, we
can smartly travel down this road. This ordinance is a great start.
wholehearted support your efforts to properly guide solar energy
development. Let's lead Agawam into a sustainable future.
Thank you.
InX OtB01
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DEMERS & SONS
BELCHERTOWN, MA
APPLIANCES
COLEMAN APPLIANCE SER-
VICE Servicing ali makes and mod-
els of washers, dryers, refrigerators,
stoves, dishwashers, air conditioners.
Also dryer vent cleaning. 1413)538•
0034
CHILD SERVICES
*NEW STATE LAW. Anyone adver-
tising caring of children must list a li-
cense number to do so if they offer this
service in their own home.
COMPUTER
SERVICES
COMPUTERS SHOULDN'T BE
frustrating or frightening. I'll come to
you. Upgrades, troubleshooting, set-
up, tutoring. Other electronics boo. Call
Monique (4131237-1035
ELECTRICIAN
BILL CAMERLIN• ADDITIONS,
service changes, small jobs for home-
owners, fire alarms. Fast, dependable,
reasonable rates. Insured, free estE
mates E280333. 24 hour emergency
service. 14131427-M2
DEPENDABLE ELECTRICIAN,
FRIENDLY service, installs deicing
cables. Free estimates. Fully insured.
Scott Winters electrician Lic.413514-B
Ca(((413)2447096.
JAMES FERRIS: LICENSE
#11i Free estimates. Senior Dis-
counts. Insured. 40 years experience -
No job too small Cell (413)330•
3682
MCKENNA GREEN ELECTRIC
1 #2C161A Reasonable residential
e�ectrival services.24 hour emergency
service. Prompt service is our special-
ty. (413)301.7013
FINANCE
SELL YOUR STRUCTURED SET.
TLEMENT or annuity payments far
cash now. You don't have to wait for
your future payments any longer' Cal)
1.800-938.6092
GARAGE DOOR
SERVICES
MENARD GARAGE DOORS Au-
thorized Raynor dealer specializing in
the best quality and selection of insu-
lated garage doors. Sales, Installation,
service and repairs.of resider iai and
commercial garage doors and open-
ers. Fully insured. Free estimates. Call
(41312111 (413)626.1978
or www.menafdgaragedoors.com
HOME
IMPROVEMENT
20+ YEARS EXPERIENCE!
Complete carpentry, drywall
and painting services.
For ali your home
improvement needs.
Kitchens, baths, finished
basements and more!
Joes GC License #CS093368
(413)219,6951
ACO
MASONRY, HEATING &
All CONDITIONING
All types of masonry work.
Chimney repair, tile work, stucco,
stone, brick, block, concrete,
flat work, pavers, retaining waits.
Heating & Air Conditioning
Service & Installation
Furnaces, Sheet Metal
Power Washing
Licensed & Insured
Commercial & Residential
Free Estimates
Competitive Rates
Calf Adam Ouimette
443.374.7779
C•D HOME IMPROVEMENT. t
Gall for all your needs. Windows, sid-
ng, roofs, additions, decks, baths;
hardwood floors, painting. All work
100% guaranteed. Licensed and in-
sured. Cali Bob (413)596-$807 Cell
CS Lic. 997110, 1 Lic #162905
CERAMIC TILE INSTALLATION
Kitchen, bath, foyers. Referenc-
es, Uo #GgE22C- Please cai! Kevin
19781355.6864.
DELREO HOME IMPROVEMENT
for all your exterio home improve-
ment needs. ROOFING, SIDING,
WINDOWS. DOORS, DECKS & CUT-
TERS. Extensive references available,
Fully Licensed & Insured in MA. & CT.
Call GARY DELCAMP @ 413-569.
3733
HOME IMPROVEMENTS. RE.
MODELING Kitchens, baths. Ceram-
ic tile, windows, painting. wattpapering,
textured ceilings siding, additions, In-
surance work. Fully insured. Free esti-
mates. J4131246.2783 Ron.
THE GROUT CREW Grout Clean-
ing, sealing, color sealing, re -grouting,
re -caulking, individual I replacement.
Free estimates. (413)297.9861
WATER DAMAGE
_CALL JAY (031436-5782-
FOR REPAIRS
COMPLETE DRYWALL
SERVICE. FINISHING,
PAINTING, CEILINGS
(SMOOTH OR TEXTURED).
40 YEARS EXPERIENCE.
FULLY INSURED.
INSTRUCTION
TRUCK DRIVERS
NEEDED
A & B CDL CLASSES + BUS
Chicopee, MA (4131592-ISW
UNITED TRACTOR TRAILER
SCHOOL
UNIadedi.com
LANDSCAPING
AERATION
OVESEEDING
NEW LAWNS
SOD
WEEKLY, 81-WEEKLY MAIN-
TENANCE
BOBCAT SERVICE
TREE REMOVAL
INSURED AND LICENSED.
FREE ESTIMATES
(41313"ll
W W W.LJSUNLIMITEDLAN-
SCAPING.COM
**ALL SEASON'• Specializing in
shrub trimming; pruning, design, deliv-
eries, loader; backhoe, insured. Pto-
tessionai. Please call Bob (413)537-
5789 (413)538.7954.-
CHAMPAGNE LANDSCAPING
Weekly, bi-weekly mowing, Spring,
Fall Clean-ups, trimming, mulch. stone
beds, gutter cleaning. Total yard main-
tenarice. Call Dan (413)682.4943
DAVE'S LAWN AND GARDEN,
LLC•
New Lawn Installation
A e ra t io nl Ov a rs a ed i n g
PatlosltMalkwa*Retalning walls
Senior Citizert'Veteran's Discount
Certified/Insured
Cal) Dave 1413)478.4212 for your
free estimate.
HYDROSEEDING AND LAND-
SCAPE CONSTRUCTION Re-
taining walls, walkways, patios, ero-
sion control, skid steer work, fencing,
plantings, loam, trenching, etc. Free
estimates. Medeiros. (4131267.4050
JJ BARBEAU LANDSCAPING
Family run
affordable weekly lawn
maintenance
Shrub installation, removals
and trimming
paver patios, walkways,
retaining walls, lawn installation
and more
Commercial Snowplowing
Jason (413)330.7230
*RICK
BERGERON
LAWN CARE,
INC.
Palmer, MA
Mowing & Landscaping
Hedge Trimming
Loader and 13aokhoe
Trucking
Bush Hogging
Over 30 yrs. in business
All Cans Returned
413-293.3192
TRACTOR
FOR HIRE
•9ac"oeiloader
-Light excavation
-Brushhogging1field mowing
-Cheaper than renting
SCREENED
LOAM
-Any size load
-"Special Delivered/Spread $32/yd
(18 yd mhmum}
(413MO.0256
All TUNE-UPS
Push Lawmuowers,
Riding Mowers and
Small Engine Repair.
tiVork (lone at vour )torte.
FREE PICKUP OF
UNWANTED LAWN EQUIPMENT
Cal) Mike (413) 348-7967
MASONRY
ABC MASONRY & BASEMENT
WATERPROOFING All brick, block,
stone, concrete. Hatchway doors,
basement windows, chimneys rebuilt &
repaired. foundations repalfed, base-
ment waterproofing systems, sump
pumps. BBB+ rating. Free estimates.
Uc #14790. Call 103)569.1611,
14131374,5377
ROUSSEAU CONCRETE. SPE-
CIALIZING: Stairs, sidewalks,
driveways, patios, garage/ basement
floors. Stamp concrete. Sine 1967 Also
demoiition & odd jobs. Free estimates.
insured. Moe 413.244-5519
PAINTING
FORBES & SONS PAINTING &
STAINING, LLC Exterior/ Interior,
residential commercial, Carpentry,
Decks, wallpaper removal. Complete
wood, drywall, plaster services for
all your home improvement needs.
Owner operated since 1985. Free
estimates. Insured. We accept all
major credit cards. Please call
14131087-1907
www.forbesan&onspointing.corn
INDIGO PAINTERS
11111R1NGING COLORS
TOGETHERI
INTERIOR PAINTING THAT
SPECIALIZES IN DETAIL
PROFESSIONAL PAINTING.
REASONABLE PRICES
W W W.iNDIGOPAINTERS.COM
CALL RAQUEL (413)887.9272
SNAWN'S PAINTING CO. inte-
hod Exterior- Residential Commer-
cial- Primingf Painbi Staining- Spray
Finishing- Power Washing- Wallpaper
Removal- Free Estimates- Senior Dis-
counts- FacebookOshawnspaintingco
(413► M4149
PLUMBING
GREG LAFOUNTAIN PLUMBING
& HEATING Lit 09196 Repairs &
Replacement of fixtures, water heater
installations, steamMW boiler replace-
ment. Kitchen & Bath remodeling. 30
years experience. Fully insured. $10
Gift Card With Work Performed. Call
Greg t4131692-1SOS
LINC'S PLUMBING LIC
#J27222
Plan and Prepare for you:
Spring Projects Now
Call LINOS
For Your Connection
(413)868.5299
POOLS
ABC POOL & SPA
A+ Rated BBB Member
All types of pool and spa repairs
License #15C679 & insured
Mark Kirk owner operator
1413)531-4192
7am-7pm, open 7 days par week
AFFORDABLE POOL CLOSING,
covers, chemicals, accessories, cover
pumping, tear downs, Sifter deaningf
repairs. Call LaRue (413)583.7890,
(413120"164,1413)386-8557
ROOFING
EXPERIENCED ROOFER
WORKS alone, quality work, licensed.
Best prices for sheds, garages, and
ranches. (413)786.7924.
FREE ROOF INSPECTIONS. All
types of roofing, shrri flat and state.
Call Local Builders (413)6265296.
Complete rooting systems and repairs.
Fully licensed and insured. MA CS
9102453, CT Reg. 0616780. Lifetime
warranty. Senior Discount. 24 hour
service.
SKY -TECH ROOFING, INC. 40
years experience. Commercial, residen-
tial Insured. Shingles, single -ply sys-
tems. Tar; gravel, slate re irs. 24 hour
Emergency Repairs. i413)348-9568,
(41 31204-4841.(413)536-3279
TREE WORK
AFFORDABLE STUMP GRIND.
ING Fast, dependable service. Free
estimates. Fully insured. Call Joe Sa-
black 413.436.9821, Cell 413-
537.7994
ATEKS TREE- Honest, quality tree
service. From pruning to house lot
clearing. Fully insured. Free estimates.
Firewood sales.1413)687.3220
DL & G TREE SERVICE. Every-
thing from tree pruning, tree removal,
stump grinding, storm damage, lot
clearing and brush chipping. Honest
and Dependable. Fully insured. Now
offering a Senior Citizen and Veteran
discount Call today for free estimate
(413)470.4212
Ull AUTOS WANTED Top Dollar
paid for your unwanted cars, trucks,
vans, big and small, running or not.
Call 13)534.5400
AUTO FOR SALE
SATURN WE SUV Al
177,,000 miles 4 new tires, new battery,
custom wheels, folding rear seats,
heated seats rust free, good condition
$2,499.00 Call 423.896.6762
Aft
Page 22 1 AGAWAM ADVERTISER NEWS 1 August 24, 2017
rr
r,
Classifieds
14 WEEKLY NEWSPAPERS I SERVING 50 LOCAL COMMUNITIES
A TURLEY PUBLICATION I www.turley,corn COMMUNITY MARKETPLACE
RETIRED RACING
GREYHOUNDS AVAILABLE
FOR ADOPTION
SPAYEOINEUTEREO, WORMED,
SHOTS, HEARTWORM TESTED,
TEETH CLEANED
MAKE A FAST FRIEND!
GREYHOUND OPTIONS INC.
CALL MARY AT 413-566-3129
OR CLAIRE AT 413-967-SM
OR GO TO
WW W.GREYMOUNDOPTIONS,
ORO
HORSES
BELCHERTOWN- BLACK OAK
FARM Lean to ride. Fun, relaxed at-
mosphere. Openings available ages 7
& up. No experience necessary. Spe-
cializing in beginners. MA Licensed
instructor. 1413163"1 OD
HORSEBACK RIDING LESSONS
offered year round at our state of the
art tactility. beginner to advanced. Ages
4 years to adult. Boarding, sales and
Leasing also available. Ccnvenlent lo-
cation at Orion Farm in South Hadley
(413)532.9753 www.orionfarm-net
Find a goad home or
adopt your hart pet here!
DRIVING INSTRUCTOR Full or
part-time, We will train you- Win-
chester Auto School 413-739.2533
FOSTER CARE.
Ycm can help chow
someone's life.
Provide a safe home for children
and teens who have been abused
or neglected. Now offering a
$1,000 Sign -On Bonus
Call Devereux Therapeutic
Foster Care
413-734-2493
HBI IS SEEKING a Plumbing In-
structor for its program in Chicopee,
IAA. HS dip. or equiv. is required. Must
have at least 5 yrs. general trades exp.
The ability to work with youth is need-
ed. Competitive salary and full bene-
fits offered. To apply, visit www.hbi.org
EOE/AA/M/FJD/V
LIBRARY ASSISTANT Assist li•
brary patrons at the circulation desk,
re -shelve materials and other duties as
assigned. 15 hours per week: Tuesday
11-3,Wednesday 10;30-1,Thursday
3-7. Saturday 10:30-3. $11lhr. Please
forward resume and cover ietler to
kkvaraceOcwmars.org or to Warren
Public Library, PO Box 937,, Warren.
MA 01083,
OAK RIDGE GOLF CLUB in Feed-
ing Hills is looking for a cleaning person.
Retired, responsible person to clean
banquet hall $It/ hr. Inquire in the Pro
shop or 19th hole for applications.
PART TIME HELP WANTED Apply
within 314 Newton st., South Hadley.
MONSON PUBLIC SCHOOLS
TRANSPORTATION
DEPARTMENT
ANTICIPATED OPENINGS FOR THE
2017-2018 SCHOOLYF-AR
70 VAN DRIVERS -REGULAR
ROUTE DRIVERS, MONITORS AND
SUBSTITUTES
$17.27 PER HOUR -REGULAR
ROUTESIMONITORS
$18.00 PER HOUR - SUBSTITUTE
VAN DRIVERS/MONITORS
$20.16 PER HOUR - DAILY ON SITE
SUBSTITUTE BUS DRIVER (REGU-
LAR POSITION)
$17.00 PER HOUR - ON CALL SUB-
STITUTE BUS DRIVERS
IF INTERESTED CALL MICHELLE
LOGLISCI AT 416-267.4150 EXT. 1200
OR EMAIL LOGLISCIMCMONSON-
SCHOOLS.COM
WORTHINGTON PRIVATE ES-
TATE set on 13A picturesque acres
with open pastures, pristine forest
and a tranquil brook. Home is 4.500
square feet of the finest craftsmanship
and charm. It Boast 7 bedrooms and 5
baths, Barn 3 car garage Visit Adams-
realtyHome.com to view this special
property. Offered a1 $990,000 James
Adams Adams Hilltown Realty 413-
238.0300
WORTHINGTON, CHARMING
1867 colonial on 7 acres near Wort#t-
ington center So much character for
only $217,,000 Adams Hilltown Real
Estate 413.23P-0300. Open House
Sunday B/27 from 12-2.
100010
ME
MEMO
ME
EMEN
MMi
WIN
0
ONNEE
MEMO
IM0
WEE
MAINE
low
NEE
'NONE
Wool
IN
NJMM
ME
WIME
NOME
moll
owl
ME
ME
M
NNE
M
NNE
NONE
HEMOMMEMEM
NONE
ONE
VENEM
CLUESACROSS
39. Damaged
satisfaction
33. Director lloward
L. Nocturnal rodents
40. Long time
S. A person who lacks
35. Large deep -bodied fish
6. "Sin City" actress
41. One who rears
good judgment
36. Architectural terat
Jessica .
43, Without
6. Cooks where one
describing pillars
10. Strong dark beer
45. Occupational safety
7. Majors and Oswald
37, Chargers legend Fouts
14. Nebraska city
and health act
8. _ humbug
39. Awaken
15. Inclined to avoid
46. Political aebon
9. Salts
42. Covered
conflict
committee
10. Type of hound
43. Frock
17. Mistaken belief
47. Geological period
11. A notice of someone's
44. Cools a home
19, Expresses disgust
49. Swiss river
death
46. Congratulatory
20, Greek goddess of
50, Type of
12. Disgust with
gestures
the dawn
mathematical graph
sweetness
47. _ fide
21. Cranky
53. Doctors are sworn
13, Barbic's friend
48. Ancient Incan sun god
22. Boy who wouldn't
to it
16. Rectal procedures
49. Card players' move:
grow up
57. One's concerns
18. Partner to carrots
_ up
23. Scots for "home"
58. Type of wrap
22. Group of cops (abbr.)
50. Gentlemen
24. Turfs
59, Foray
23. First Chinese dynasty
51. Educational
26. Countries
60. Born of
24. A favorite of children
organizations
29. The duration of
61. A temporary police
25. Being a single unit
52. Actress Daly
something
force
or thing
53. Southern sky
31. Pastries
27. Fencing swords
constellation (abbr.)
32. Golf score
CLUES DOWN
28. New England river
54, Midway between east
34, Reasonable
1. _ and circumstance
29- Sino-Soviet block
and southeast
35. Female parents
2. Bowfin fish
(abbr.)
55. Small European viper
37. Art _, around 1920
3. Ready money
30. Insect feeler
56. Language close to
38, Beloved sandwich
4. Expression of
31. Payment (abbr.)
Thai
REAL ESTATE
COMMERCIAL
REAL ESTATE
WORTHINGTON GENERAL
STORE. This is a great opportunity
with great numbers Price just reduoed.
Store is thriving and growing. There are
additional rents including a US Post
Office and a residential unit. Please
call James Adams direct O 413.238&
0300oradarnsrealty4@gmail.com
Adams Hilltown Real Estate
LAND FOR SALE
ADAMS REALTY HAS YOUR
LAN01 Chesterfield 5 acres $52k and
3.5 acres $42k
Cummington 2 acres $39k. Chester 5
acres with cabin $49k. More to come
soon ,Adams Hilltown Real Estate
413.238A300
All real estate advertising in this
newspapee is subject to the Federal
Fair Housing Act of 1968, which makes
it illegal to advertise any preference,
limitation or discrimination based on
race, color, religion, sex, handicap,
familial status inumbev of children and
or pregnancyl, naUw of arigin„ anu stry.
age, marital stools, a any intention to
make anysueh preference, limitation or..
dimrlmination.
This newspaper will not knowingly accept
any advertisiog for real estate that is in
violation urine law. Our readers are hereby
informed ft14t all dwetNngs advertising in
this newspaper are available on an equal
opportunity basis, To complain about
discrimination call The Department of
Housing and Urban Deyefopment " HIM"
tull-free at 1-800-669-9777. For the N.E.
area, call HUD at 617-565-5306. The toll
free number for the hearing impaired is
1.800-927-9275._
FOR RENT
1♦
EQUAL HOUSING
OPPORTUNITY
ALL REAL ESTATE advertised
herein is subject to the Federat Fair
Housing Act, which makes it illega)
to advertise "any preference, limita-
tion, or discrimination because of
race, color, religion, sex, handicap,
familial status, or national origin, or
intention to make any such prefer-
ence, limitation, or discrimination."
We will not knowingly accept any
advertising for real estate which is
in violation of the law. All persons
are hereby informed that all dwell-
ings advertised are available on an
equal opportunity basis.
LUDLOW 181 STATE ST. 2 BR
apt., stove & fridge. No Pets, W/D
hook-up $8001 Mo. First, Last, Security
(4131315*0365
LUDLOW 4 ROOM Townhouse apt.
2 bdrms, 1.5 baths, central A/C, gas
heat, stove & refrig, $9WI mo plus
utilities. No pets or waterbeds. First,
Last and Security deposit required.
14131583.6424 or 1413)583-
3097.
Public Notices
Commonwealth of
Massachusetts
The Trial Court
Hampden Probate and
Family Court
50 State Street
Springfield, MA 01103
(413)748-7758
Docket No. HD17AO071AD
CITATION
G.L. c. 210, § 6
In the matter of:
Ryland James Devino
To: Tiffany Rosa
Boberek formerly known
as Ellen -Leigh Theresa
LaFleur & John James
Devino
any unnamed or
unknown parent and persons
interested in a petition for
the adoption of said child
and to the Department of
Children and Families of
said Commonwealth.
A Petition has been
presented to said court by:
Carol B Micks o/w Carol
Blanchet Micks of Feeding
Hills, MA Donald M Micks
o/w Donald Michael Micks
of Feeding Hills, MA
requesting for leave to adopt
said child and that the name
of the child be change to
Ryland Christopher Micks.
If you object to this
adoption you are entitled
to the appointment of an
attorney if you are an indi-
gent person. An indigent
person is defined by SJC
Rule 3:10. The definition
includes but is not limited to
persons receiving 'TAFDC,
EACDC, poverty related vet-
eran's benefits, Medicaid,
and SSI. The Court will
determine if you are indi-
gent. Contact an Assistant
Judicial Case Manager or
Adoption Clerk of the Court
on or before the date listed
below to obtain the neces-
sary forms.
If you desire to object
thereto, you or your attor-
ney must file a written
appearance in said court at:
Springfield on or before
ten o'clock in the morning
(10:00 a.m.) on: 09/29/2017
WITNESS, Hon.
Barbara M Hyland, First
Justice of this Court.
Date: August 16, 2017
Suzanne T. Seguin
Register of Probate
08/24, 08/31., 09/07/17
LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning
Board will hold a pub-
lic hearing on Thursday,
September 7, 2017 at 6:30
PM in the Agawam Public
Library, 750 Cooper Street,
Agawam, MA. The pur-
pose of this hearing will
be to hear the petition of
the City Council on a pro-
posed Zoning Amendment
entitled "Ordinance to Add
Solar Energy Systems". A
REAL ESTATE
REAL ESTATE
WANTED
A BEST CASH offer for any type
Of property, circumstance, condition
or location. Ugly houses are OK- Fast
closing.14131244-2607
VACATION
RENTALS
RETIRIN VERA BEACH, FL con -
(to for rent or sale, 2 SR, 2 baths. Take
time to make the right Choice. 413-589-
9308. Available Oct, Nov., Dec.
WARM WEATHER IS Year Round
In Aruba. The water is safe, and the
dining is fantastic. Walk out to the
beach. 3-Bedroom weeks available.
Sleeps 8. Email: carolactiongaol.com
for more information.
copy of the proposal can be
obtained from the Agawam
Planning Office between
the hours of 8:30 AM and
4:30 PM in the Agawam
Town Hall, 36 Main Street,
Agawam, MA.
BY ORDER OF:
Mark R. Paleologopoulos
Chairman
Agawam Planning Board
08/24, 08131 / 17
AGAWAM ZONING
BOARD OF APPEALS
LEGAL
ADVERTISEMENT
Notice is hereby given
that the Agawam Zoning
Board of Appeals will hold
a public hearing at the
Agawam Public Library
Community Room, 750
Cooper Street, Agawam, MA
on Monday, September
11, 2017 at 6:30PM for
all parties interested in the
appeal of John G. Kudlic,
who is seeking a Variance
from Chapter 180-35 of the
Town of Agawam's Zoning
Ordinances, which would
allow for the construction of
a duplex on a lot with less
than the required frontage at
the premises identified as 33
Highland Ave,
Doreen A. Prouty
Chairperson
Agawam Zoning Board of
Appeals
08/24, 08/31/17
August 31, 2017 1 AGAWAM ADVERTISER NEWS I Page 27
Public Notices
Commonwealth of
Massachusetts
The Trial Court
Probate and Family Court
Hampden Division
50 State Street
Springfield, MA 01103
(413)748-8500
Docket No. HD17PI441EA
Estate of:
Warren Leroy Parker
Also Known As:
Warren L. Parker
Date of Death:
2/91M17
INFORMAL PROBATE
PUBLICATION NOTICE
To all persons interested
in the above captioned estate,
by Petition of Petitioner
Andrew L. Parker of Indian
Orchard, MA, a Will has
been admitted to informal
probate,
Andrew L. Parker of
Indian Orchard, MA, has
been informally appointed as
the Personal Representative
of the estate to serve without
surety on the bond.
The estate is being admin-
istered under informal pro-
cedure by the Personal Rep-
resentative under the Mass-
achusetts Uniform Probate
Code without .supervision
by the Court. Inventory and
accounts are not required to
be filed with the Court, but
interested parties are enti-
tled to notice regarding the
administration from the
Personal Representative
and can petition the Court
in any matter relating to the
estate, including distribu-
tion of assets and expenses
of administration. Interested
parties are entitled to petition
the Court to institute formal
proceedings and to obtain
orders terminating or restrict-
ing the powers of Personal
Representatives appointed
under informal procedure. A
copy of the Petition and Will,
if any, can be obtained from
the Petitioner.
08/31/17
LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning
Board will hold a pub-
lic hearing on Thursday,
September 7, 2017 at 6:30
PM in the Agawam Public
Library, 750 Cooper Street,
Agawam, MA. The pur-
pose of this hearing will be
to hear the petition of the
City Council on a proposed
Zoning Amendment entitled
"Ordinance to Add Solar
Energy Systems". A copy of
the proposal can be obtained
from the Agawam Planning
Office between the hours of
8:30 AM and 4:30 PM in the
Agawam Town Hall, 36 Main
Street, Agawam, MA,
BY ORDER OF:
Mark R.Paleologopoulos
Chairman
Agawam Planning Board
08124, 08131117
NOTICE TO
OWNER OF
SUBCONTRACTOR LIEN
NOTICE IS HEREBY
GIVEN TO Hickory
Street Partners, LLC,
of 171 Oldefield Farms,
Enfield, Connecticut,
Vitaly Dzhenzherukha,
of 431 Springfield Street,
Agawam Massachusetts,
Stanislav Gvinter and
Valeriya Sullivan, of
68 Kanawha Avenue,
Agawam, Massachusetts
(collectively the "Owners")
that on November 14, 2016
Suburban Sanitation Service,
Inc., of 18 Colonial Road,
Canton, Connecticut, com-
menced to furnish materials
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27
28
29
30
31
32
33
34
35
36
37
39
38
42
43
CLUES ACROSS 24. Not young
CLUES DOWN
23. Burgers
1. One-time 25. Discontinued
1. Jungle vacation 24. Organization
Moroccan
Apple
2. Off -kilter
of American
kingdom
advertising
3. Takes off
States
4. One who
platform
4, Passing
25. Lacking
entertains 26. Car mechanics
5. Where to plug
contact with
8. Not in favor of
group
in devices
other people
10. Couture 27. Treats
6. Drive
26. Sex Pistols
11. Nonflowering
allergies
7. Take care of
bassist Vicious
plant 34. Rather
9, City in Finland
27. One who uses
12. Of Christian 35. African nation
10. Dyed
a rod and line
fasting season
(alt. sp.)
12. Small
to fish
13, Of birds 36. Suffering
invertebrate
28. Expression of
15, Dealt with 37. A way to raise
16. Duplicate - 38. Hairstyle
14. Holiday
beverage egg -
surprise
29. Get older
17. More liquid 39.
Vehicle part
15. Hawaiian club
30. Rooney and
18. Inconsequential 40. Subject
17. Rural Free
Kate are two
21. Doctor of
matters
Delivery (abbr.)
31. Wild goats
Education 41. One who can
19. Most
32. Cores
22. Electroen-
see the future
impoverished
33. Walks into
cephalograph 42.
German
20. British
34. A way to
23. Partner to the
courtesy title
romance
accustom
carrot 43. Female sibling
novelist Pollock 36. Wet nurse
for and render services in the
construction and installation
of an underground sanitary
sewer force main, togeth-
er with the appurtenances
thereto, on land owned by
you and known by street
addresses of 362, 372, 396,
420, 444, 454, 470, 480, and
490 Hickory Street, Suffield,
Connecticut as more particu-
larly described on Schedule
A ("Premises") and that said
construction and, installa-
tion were completed on June
26, 2017, and that it intends
to claim a lien on said
Premises in the amount of
$124,406.15, which is justly
due, as nearly as the same
can be ascertained. The date
of the commencement of the
lien is November 14, 2016..
Suburban Sanitation
Service, Inc. rendered such
services and/or furnished
such materials pursuant to
an agreement with Hickory
Street Partners, Ll_,C which
acted with the agreement or
consent of said Owners, or
with the consent of some per-
son having authority from
or rightfully acting for said
Owners.
IN WITNESS
WHEREOF, 1, David B.
Duff, Secretary of Suburban
Sanitation Service, Inc.,
being duly sworn, depose
and say under solemn oath,
that the facts contained in
this Mechanic's Lien and
Notice to'Owner are true and
that $124,406.15 is justly
due, as nearly as the same
can be ascertained.
Dated at Avon,
Connecticut this 7th day of
August, 2017. ,
!signed
David B. Duff, Secretary
of Suburban
Sanitation Service,
Inc.
Duly Authorized
STATE OF CONNECTICUT
COUNTY OF HARTFORD
SS. AVON
August 7, 2017
Before me, personally
appeared David B. Duff, duly
authorized signer of the fore-
going, who stood before me
with his right hand raised and
said under solemn oath that
the facts stated above are true
and that the amount claimed
is justly due to the said
Suburban Sanitation Service,
Inc. as nearly as the same can
be ascertained.
/signed
Robert R. Moran, Jr.
Commissioner of the
Superior Court
08/31/17
LEGAL NOTICE
PUBLIC HEARING
AGAWAM
CITY COUNCIL.
The Agawam City
Council will conduct a public
hearing Monday, September
18, 2017 at 7:00pm, at the
Roberta G. Doering School,
68 Main Street, Agawam,
MA on TOR-2017-10 which
is an Ordinance to amend
the Code of the Town of
Agawam Zoning Ordinances
to add solar energy systems.
TOR-2017-10 is available
for public inspection at the
City Clerk's Office and the
Planning Department, 36
Main Street, Agawam, MA
between the hours of 8:30am
to 4:30pm, Monday through
Friday.
BY ORDER OF:
James P. Cichetti
President of the Agawam
City Council
08/31, 09/07/17
CANARYBLOMSTROM
insurance agency, inc.
• AUTO • HOME • RENTERS • BUSINESS OWNERS • WORKERS COMP • LIFE • HEALTH
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ONSITE REGISTRY & NOTARY SERVICES AVAILABLE
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Page 28 1 AGAWAM ADVERTISER NEWS I August 31, 2017
4W
Classifieds
14 WEEKLY NEWSPAPERS I SERVING 50 LOCAL COMMUNITIES
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GIANT FUNDRAISING TAG
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MULTI FAMILY SEPT 1.2 Old
LP's; tools, furniture, household items,
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WA
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•
LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning Board will hold a public hearing on Thursday, September 7, 2017 at 6:30
PM in the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this
hearing will be to hear the petition of the City Council on a proposed Zoning Amendment
entitled "Ordinance to Add Solar Energy Systems". A copy of the proposal can be obtained from
the Agawam Planning Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town
Hall, 36 Main Street, Agawam, MA.
BY ORDER OF:
Mark R. Paleologopoulos, Chairman
Agawam Planning Board
(Ad to be run 8/24/17 & 8/31/17)
Cc: Planning Boards in:
Westfield
West Springfield
Suffield
Southwick
Springfield
Pioneer Valley Planning Commission
Dept. of Housing & Community Development, Boston
ir
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1801
Tel. 413-786-0400 Fax 413-786-9927
MEMO
TO: Building Inspector
Town Solicitor
Engineering/DPW
Safety Officer
Fire Department
Health Department
Conservation Commission
Board of Appeals
School Committee
Assessors
FROM: Planning Board
SUBJECT: Proposed Zoning Amendment — Ordinance to Add Solar Energy Systems
DATE: August 15, 2017
The Planning Board has received, from the City Council, the attached proposed Zoning
Amendment TOR-2017-10 "Ordinance to Add Solar Energy Systems". The Planning Board will
be holding a public hearing on this proposal on September 7, 2017. Please provide any
comments you may have prior to the hearing.
prk
AtAWAM CITY PaUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
413-726-9716 413-726-9717 Fax
bbard(a,.aeawam.ma.us wwiv.a awam.ma.us
COUNCIL PRESIDENT James P. Cichetti COUNCIL VICE PRESIDENT Joseph MTineo
COUNCILORS
George Bit�as — Ceeillo P. Calabrese -- Paul C. Cavallo — Christopher C. Johnson — Gina M. Letellier -
Donald ,WL Rheault — Robert E. Rossi Anthony R. Suffriti — Richard M. Theroux
ADMINISTRATIVE ASSISTANT -- Ba,•bara A. Bard
August 10, 2017
Agawam Planning Board
Town Hall
36 Main Street
Agawam, MA. 01001
Re: TOR-2017-10
Dear Members of the Agawam Planning Board:
The Agawam City Council has referred the following item back to the Planning Board for
your recommendation and public hearing:
• TOR-2017-10 - An Ordinance to amend the Code of the Town of Agawam
Zoning ordinances to add solar energy systems (Sponsored by Councilors
Cichetti, Mineo and Suffriti) (Two Readings Required)
If you have any questions, please do not hesitate to contact me.
Sincerely,
mes P. Cichetti, President
Agawam City Council
JPC/bb
cc: Full Council
Mayor
Solicitor
Planning
TOR-2017-10
AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF AGAWAM ZONING
ORDINANCES TO ADD SOLAR ENERGY SYSTEMS
(Sponsored by Councilors James P. Cichetti, Joseph Mineo and Anthony R. Su friti)
WHEREAS, pursuant to M,G.L. Chapter 40A §5, the Agawam City Council may
propose amendments or additions to the Agawam Zoning Code; and
WHEREAS, solar energy systems, including commercial ground mounted solar energy
installations are currently not defined, regulated or referenced in the Agawam Zoning Code; and
WHEREAS, the Town of Agawam currently does not have in place an ordinance to
provide standards for the placement, design, construction, operation, monitoring, modification
and removal of commercial ground mounted solar energy systems that addresses public health,
safety and welfare and minimizes impacts on scenic, natural and historic resources and also
provides adequate financial assurance for the eventual decommissioning of such installations nor
is it addressed anywhere within the Agawam Zoning Code; and
WHEREAS, it is in the best interest of the Town of Agawam to amend the Code of the
Town of Agawam to add Solar Energy Systems; and
NOW THEREFORE, the Agawam City Council hereby resolves, ordains and amends
and enacts the attached Article XXl entitled Solar Energy Systems to be inserted into the Code of
the Town of Agawam.
DATED THIS DAY OF .2017.
PER ORDER OF THE AGAWAM CITY COUNCIL
.Tames P. Cichetti, President
APPROVED AS TO FORM AND LEGALITY
Patrick M. Toney, Solicitor
Page 1 of 10
i 0
ARTICLE XXI: SOLAR ENERGY SYSTEMS
§180-146 Purpose
The purpose of this ordinance is to promote the reasonable regulation of solar energy systems
including commercial ground mounted solar energy installations by providing standards for the
placement, design, construction, operation, monitoring, modification and removal of such
installations that address public health, safety, and welfare and minimizes impacts on scenic,
natural and historic resources and provides adequate financial assurance for the eventual
decommissioning of such installations.
§180-47 Definitions
Building -integrated solar energy system. stem. A solar energy system that is directly incorporated
into the building by replacing typical building materials.
Commercial Ground -mounted sclgr energy system. A large scale commercial solar energy
system that is installed onto the ground directly or by means of brackets or poles.
Roof -mounted solar energy system. A solar energy system mounted to a house or other building.
§180-48 Solar Energy Systems
Building -integrated solar energy systems and Roof -mounted solar energy systems are
allowable as an accessory use in all zoning districts, subject to the following requirements:
1. Height. Roof -mounted solar energy systems shall not project beyond three
feet above the peak of the roof and shall not be more than three feet above the roof
surface to which they are attached.
2. Setback. Roof -mounted solar energy systems shall comply with all building
setbacks in the applicable zoning district and shall not extend beyond the exterior
perimeter of the building on which the system is mounted.
3. Coverage. Roof -mounted solar energy systems shall not cover more than
eighty percent of the total area of the roof.
4. Exempt. Building integrated solar energy systems are exempt from the
requirements of this section and shall be regulated as any other building element.
5. Certifications. Roof -mounted and Building -integrated solar energy system
components shall be certified by Underwriters Laboratories Inc. and the Solar Rating
and Certification Corporation. The town reserves the right to deny a building permit
for proposed solar energy systems deemed to have inadequate certification.
Page 2 of 10
0
0
5. Aesthetics. All Roof -mounted and Building -integrated solar energy systems
shall use colors that blend with the color of the roof or other structures. Reflection
angles from collector surfaces shall be oriented so as not to interfere with the use and
enjoyment of other properties. Where necessary, screening may be required to address
glare.
§180-149 Commercial Ground Mounted Solar Energy System
This balance of this ordinance shall apply to commercial ground -mounted solar energy
systems (Commercial Ground Mounted Solar) installations measuring one (1) acre and
larger. The provisions of this ordinance shall not apply to land owned by the Town of
Agawam.
§180-150 General Requirements for All Solar Power General Installations
a. Compliance with Laws, Ordinances and RegulaUens
The construction and operation of all Commercial Ground Mounted Solar installations shall be
consistent with all applicable local, state and federal requirements, including but not limited to
all applicable safety, construction, electrical, and communications requirements. All buildings
and fixtures forming part of a Commercial Ground Mounted Solar installation shall be
constructed in accordance with the state building code and any other applicable state and
federal laws.
b. Location
Commercial Ground Mounted Solar installations shall be allowed as a matter of right in any
industrial zone. Commercial Ground Mounted Solar installations shall be allowed by special
permit only in the agricultural zone. No Commercial Ground Mounted Solar installations shall
be constructed or installed in any residential or business zone.
C. Special Permit
Commercial Ground Mounted Solar installations shall be allowed by special permit only in the
agricultural zone. The Zoning Board of Appeals shall be the special permit granting authority
and shall include as part of its special permit review and proceedings all the provisions and
requirements of the site plan review. The Zoning Board of Appeals shall consider the following
criteria in determining whether to grant a special permit:
1. That the use is in harmony with the general purpose and intent of the zoning
ordinances of the Town of Agawam;
2. That the use is in an appropriate location and is not detrimental to the
neighborhood and does not significantly alter the character of the neighborhood;
Page 3 of 10
0
3. Adequate and appropriate facilities will be provided for the proper operation of
the proposed use; and
4. That the proposed use would not be detrimental or offensive to the adjoining
zoning districts and neighboring properties due to the effects of lighting, odors,
smoke, noise, sewage, refuse materials or other visual nuisances;
d. Building Permit
No Commercial Ground Mounted Solar installation shall be constructed, installed or modified
as provided in this ordinance without first obtaining a building permit.
§180-151 Site Plan Review
All Commercial Ground Mounted Solar installations shall undergo site plan review as outlined
in §180-13 of the Code of the Town of Agawam prior to construction, installation or
modification of the facility as provided in this ordinance. The total area of Commercial Ground
Mounted Solar structures shall include the areas where the solar panels are installed, all
appurtenant and accessory buildings, access roads, landscaping and visual screening elements.
Required Documents
In addition to the required site plan content described in §180-13 of the Code of the Town of
Agawam, the project proponent shall provide the following additional documents and
information to the Planning Board. The Planning Board may waive any of these requirements
as it deems appropriate.
a. A site plan showing:
L property lines and physical features, including roads for the project site,
wetlands, wildlife corridors and other relevant features;
ii. location and approximate height of existing and proposed tree cover,
including any trees on public property that are approximated to be
seventy-five years and older or with a diameter of thirty-six inches or
greater;
iii. proposed changes to the site, including proposed roads, grading,
vegetation clearing and planting, parking areas, exterior lighting,
screening vegetation and all structures;
iv, elevations of the Commercial Ground Mounted Solar installation
including the proposed layout of the system and any potential shading
from structures and vegetation, including those on abutting properties;
Page 4 of 10
0 0
V. a three -line electrical diagram detailing the Commercial Ground Mounted
Solar installation, associated components, and electrical interconnection
methods, with all national electrical code compliant disconnects and
overcurrent devices;
vi. documentation of the major system components to be used, including the
photovoltaic panels, mounting system and inverter;
AL name, address, and contact information for the proposed system installer;
viii. name, address, and contact information for the project proponent, as well
as, all co -proponents and property owners, if any;
ix. the name and contact information of any agents representing the project
proponent;
X. documentation of actual or proposed access and control of the project site;
xi. an operation and maintenance plan for the proposed project;
xii. the location of active farmland and prime farmland soils, wetlands,
permanently protected open space, priority habitat Areas and critical
natural landscape core habitat areas as set forth by the Natural Heritage
and Endangered Species Program (NHESP) and "important Wildlife
Habitat" mapped by the Massachusetts DEP; and
xiii. locations of any local or national historic districts.
b. Proof of property and liability insurance consistent with industry standards
for the proposed facility,
C. Description of financial surety consistent with this ordinance; and
d. A public outreach plan, including a project development timeline, which indicates
how the project proponent will inform and educate abutters and the community
about the project.
All plans shall be prepared, stamped and signed by a Professional Engineer licensed in the
Commonwealth of Massachusetts_
§180-152 Site Control, Operation and Maintenance Plan, and Utility Notification
a. The project proponent small submit documentation of actual or proposed access
and control of the project site sufficient to allow for the construction and
operation of the proposed Commercial Ground Mounted Solar installation.
b. The project proponent shall submit a plan for the operation and maintenance of
the Commercial Ground Mounted Solar installation, which shall include measures
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for maintaining safe access to the installation, storm water controls, as well as,
general procedures for operational maintenance of the installation.
C. The project proponent shall submit evidence that the utility company that operates
the electrical distribution system grid where the installation is to be located has
been informed of the proposed Commercial Ground Mounted Solar installation.
Off -grid Commercial Ground Mounted Solar installations shall be exempt from
this requirement.
§180-153 Dimension and Density Requirements
a. Setback and Height Requirements
The setbacks for Commercial Ground Mounted Solar installations, including
appurtenant structures and parking areas, shall be at least fifty (50) feet from any
property boundary. The setback areas shall not be included in the calculation of
the size of the Commercial Ground Mounted Solar installation. The height of
any Commercial Ground Mounted Solar installation or any appurtenant structure
shall comply with the height requirements contained in the Code of the Town of
Agawam for the zone in which the installation is located.
b. Lot Coverage
The lot coverage requirements of §180-58 of the Code of the Town of Agawam
shall not apply to Commercial Ground Mounted Solar installations.
c. Appurtenant Structure
All appurtenant structures to Commercial Ground Mounted Solar installations
shall comply with the requirements of the Code of the Town of Agawam. All
such appurtenant structures include, but are not limited to, equipment shelters,
storage facilities, transformers, and substations.
§180-154 Design, Safety, and Environmental Standards
a. Lighting
Lighting of Commercial Ground Mounted Solar installations shall be consistent
with local, state and federal law. Lighting of other parts of the installation, such
as appurtenant structures, shall be limited to that required for safety and
operational purposes, and shall be reasonably shielded from abutting properties.
Where feasible, lighting of the Commercial Ground Mounted Solar installation
shall be directed downward and shall incorporate all reasonable measures to
reduce light pollution.
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b. Signage
Any signs on Commercial Ground Mounted Solar installations and property shall
comply with Article XIII of the Code of the Town of Agawam. A sign shall be
required which shall identify the owner and provide a 24-hour emergency contact
phone number. Commercial Ground Mounted Solar installations shall not be used
for displaying any advertising except for reasonable identification of the
manufacturer or operator of the Commercial Ground Mounted Solar installation.
C. Utility Connections
Reasonable efforts, as determined by the Planning Board during the site plan
review, shall be made to place all utility connections from the Commercial
Ground Mounted Solar installation underground, depending on appropriate
soil conditions, shape, and topography of the site and any requirements of the
utility provider. Electrical transformers for utility interconnections may be
above ground if required by the utility provider.
d. Landscaping
All land associated with the Commercial Ground Mounted Solar installation shall
be covered and grown in natural vegetation. All ground surface areas beneath
solar arrays and setback areas shall be pervious to maximize on -site infiltration
of storm water. Impervious paving of areas beneath solar arrays is prohibited.
To the greatest extent possible, a diversity of plant species shall be used, with
preference given to species that are native to New England. Herbicides shall be
applied only by properly licensed personnel in conformance with all applicable
state and federal laws.
e. Parking and access
Reasonable on -site parking is required for vehicles that will service the
installation only.
E Visual impact Mitigation
The plan for a Commercial Ground Mounted Solar installation shall be designed
to maximize the preservation of on -site and abutting natural and developed
features. In undeveloped areas, existing vegetation shall be retained to the greatest
extent possible, especially where such vegetation provides a benefit to the natural
environment. In developed areas, the design of the Commercial Ground Mounted
Solar installation shall consider and incorporate contextual landscaping and
landscape amenities that complement the physical features of the site and abutting
properties. Whenever reasonable, structures should be screened from view by
vegetation and/or joined or clustered to avoid adverse visual impacts and be
architecturally compatible with each other. Vegetation shall be of varieties native
to New England. Vegetative screening shall reach a mature form to effectively
screen the installation within five years of installation. The mature height of the
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vegetated screening shall be such that the installation's structures are not apparent
to a person upon any public road and viewing the installation from a height of
eight (8) feet. Planting of the vegetative screening shall be completed prior to
final approval of the Commercial Ground Mounted Solar installation by the
Building Inspector.
g. Emergency Services
The owner or operator of the Commercial Ground Mounted Solar installation
shall provide a copy of the project summary, electrical schematic, and site plan to
the Agawam Fire Department. Upon request, the owner or operator shall
cooperate with local emergency services in developing an emergency response
plan. All means of disconnecting the Commercial Ground Mounted Solar
installation shall be clearly marked. The owner or operator shall identify and
provide contact information for a person who is responsible for responding to all
public and emergency inquiries related to the installation. This information shall
be updated as needed.
h. Land Clearing, Sail Erosion and Habitat Impacts
Clearing of natural vegetation shall be limited to that which is necessary for the
construction, operation and maintenance of the Commercial Ground Mounted
Solar installation or otherwise prescribed by applicable laws, regulations, and
ordinances. Sufficient vegetation shall be maintained to minimize soil erosion.
Commercial Ground Mounted Solar installations shall be installed only upon
water permeable surfaces as approved during site plan review.
i. Preservation of Trees
Commercial Ground Mounted Solar installations shall be designed and
constructed to preserve and maintain the health and root systems of significant
trees on public property that are approximated to be seventy-five years and older
or with a diameter of thirty-six inches or greater.
j. Wildlife Corridors
Commercial Ground Mounted Solar installations shall be designed and
constructed to minimize the impacts on wildlife corridors.
k. Sound Levels
Sound levels under normal operating conditions of the Commercial Ground
Mounted Solar installation measured at the boundary of the lot on which the
installation in sited shall not be more than ten decibels greater than would
otherwise exist in the absence of the facility.
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1. Hazardous Materials
Hazardous materials that are stored, used, or generated on site shall not exceed the
amount for a very small quantity generator of hazardous waste as defined by
Massachusetts DEP and shall meet all applicable requirements, including storage
of hazardous materials in a building with an impervious floor that is not adjacent
to any floor drains to prevent discharge to the outside environment. If hazardous
materials are utilized within the solar electric equipment, then impervious
containment areas capable of controlling any release to the environment and to
prevent potential contamination of groundwater are required.
in. Independent Engineer
Upon request of the Planning Board, the proponent shall pay for a licensed third -
parry independent engineer selected by the Planning Board to assist the Planning
Board in its review of submitted materials.
§180-154 Monitoring and Maintenance
a. Solar Photovoltaic Installation Conditions
The owner or operator of the Commercial Ground Mounted Solar installation
shall maintain the facility in good condition. Maintenance shall include, but not
be limited to, painting, structural repairs, landscaping and integrity of security
measures. Site access shall be maintained to a level acceptable to the Agawam
Fire Chief, Building Inspector and Town's Electrical Inspector. The owner or
operator shall be responsible for the cost of maintaining the installation and any
access road, unless accepted as a public way.
b. Modifications
All material modifications to a Commercial Ground Mounted Solar
installation made after issuance of the required building permit shall require
site plan approval by the Planning Board
c. Removal Requirements and Abandonment
L Abandonment
Absent notice of a proposed date of decommissioning or written notice of
extenuating circumstances, the Commercial Ground Mounted Solar
installation shall be considered abandoned when it fails to operate for more
than one year without a written waiver by the Planning Board. If the owner or
operator of the Commercial Ground Mounted Solar installation fails to
remove the installation in accordance with the requirements of this section
within one hundred fifty days of abandonment or the proposed date of
decommissioning, the Town or its agents may enter the property and
physically remove the installation, the full cost of which shall be the
responsibility of the owner or operator.
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ii. Removal Requirements
Any Commercial Ground Mounted Solar installation which has reached the
end of its useful life or has been deemed abandoned consistent with this
ordinance shall be removed. The owner or operator shall physically remove
the installation no more than one hundred fifty days after the date of
discontinued operations. The owner or operator shall notify the Planning
Board by certified mail of the proposed date of discontinued operations and
plans for removal. Decommissioning shall consist of:
1. physical removal of all ground -mounted solar photovoltaic installations,
structures, equipment, security barriers and electrical lines from the site;
2. disposal of all solid and hazardous waste in accordance with local, state,
and federal waste disposal regulations; and
3. stabilization and re -vegetation of the site as necessary to minimize
erosion. The Planning Board may allow the owner or operator to leave
landscaping or designated below -grade foundations to minimize
erosion and disruption to vegetation.
§180-155 Financial Surety
The project proponent of Commercial Ground Mounted Solar installations shall provide a form
of surety, either through escrow account, bond or line of credit from a creditable financial
institution, in an amount sufficient to cover the cost of removal in the event the Town of
Agawam deems the Commercial Ground Mounted Solar installation to be abandoned and must
remove the installation and remediate the landscape. The amount and form of the surety shall
be determined to be reasonable by the Planning Board, but in no event should exceed more than
one hundred ten percent of the cost of removal and compliance with the additional requirements
set forth herein, as determined by the project proponent. Such surety is not required for
municipally -owned or state-owned facilities. The project proponent shall submit a fully
inclusive estimate of the costs associated with removal prepared by a qualified engineer. The
amount shall include a mechanism for calculating increased removal costs due to inflation.
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