Adams Planners Approve Bond, Screening for East Road Array

Seth Ginsberg of Apis Energy Group LLC goes over the conditions and screening plans for a solar array on East Road at Tuesday's Planning Board meeting.

ADAMS, Mass. — The Planning Board has approved financial surety and planting buffers for the controversial East Road private solar array despite continued questions of its legality by abutters.

Planners met on Tuesday with Seth Ginsberg of Apis Energy Group LLC, developer of the 1.5-megawatt array, to discuss conditions put on the project by the Zoning Board of Appeals, as outlined by the Community Development Office.

The board accepted a performance bond of $100,000, which will be released upon the completion and approval of the solar array. It also approved a surety of $30,000 for the removal of the solar array in the future.

Ziemba asked if the $30,000 would cover the disposal of the panels in 25 years.

"At basic bank growth rate, $30,000 would be more than enough," Ginsberg said. "They are recycled. There are business who would be happy to take them for nothing because they usually have to pay for them."

Building Commissioner Don Fitzgerald said he was happy with the amount.

"It is recyclable stuff that actually has value so I don't think the town gets hurt at the end of the life cycle," he said. "This is good coverage for the town and what they are leaving in for the surety bond to guarantee completion of the project is a little bit more than adequate."

Ginsberg said a greenbelt will be installed along the western edge of the property to screen the project from residents. The various trees that will be planted will grow from 40 to 70 feet high and provide year-round coverage.

Some residents opposing the project's placement on privately owned property at 217 East Road attended the meeting.

Edward Driscoll, a former selectman and East Road resident, asked how the project could move forward when the plan was approved at what he said was an illegally posted meeting.

The site plan initially met resistance from the Planning Board in 2013 when it unanimously disapproved the installation of the 6,500-panel, ground-mounted solar array.

East Road resident Edward Driscoll urged the board to table the conditions and hire a lawyer, claiming the ZBA's vote to approve the site plan was done in violation of Open Meeting.

Driscoll asked the planners to table their decision and seek funds for an expert lawyer to help with the issue.

"I don't wish to participate in the meeting because I believe it validates an illegal meeting so I am going to take off," Driscoll said. "My only suggestion would to be to, prevent litigation, table it and ... ask the selectmen to transfer funds for an expert lawyer like they have done in the past."

He referred to a Nov. 19, 2013, meeting at which town counsel advised that the ZBA's initial vote of 3-2 against upholding the Planning Board's rejection of a building permit would stand. Since it did, the ZBA then voted 4-1 to approve the site plan.

Driscoll claims there was an opening meeting violation because it was believed the continuance on Nov. 19 was only to determine the result of the building permit vote, not for the site plan, and that abutters were not informed there would be a decision on the site plan. However, the agenda for the Nov. 19 meeting refers to an appeal of "the Planning Board's denial of the Applicant's site plan approval application which resulted in the denial of the building permit." The wording of the agendas is similar for all three meetings held by the ZBA on the issue.

Chairwomen Barbara Ziemba said the board cannot take up legal action because it is not on the agenda, and there is nothing they can do as a board.

"The Zoning Board technically approved the site plan, and that's where it stands. We have to go along with it whether we approve of that decision or not," Ziemba said. "Our hands are tied."

Driscoll thanked the board for listening and left the meeting along with the other residents.

Special Minerals Agrees to Pay Adams, River Groups Over River Discharge

Staff ReportsiBerkshires
02:58PM / Friday, May 03, 2024

Adams plans to use the $50,000 it will get in the consent decree toward the removal of the Peck's Road Dam. 

BOSTON — Specialty Minerals is expected to pay $299,000 for a discharge of calcium carbonate into the Hoosic River nearly three years ago in a consent decree with the Attorney General's Office. 

 

The river turned visibly white from Adams to the Vermont state line from the mineral that leaked out from the plant's settling ponds on Howland Avenue in November 2021. 

 

Calcium carbonate, also known as chalk or limestone, is not toxic to humans or animals. However, the sudden discoloration of the water alarmed local officials and environmentalists and prompted an emergency session of the Northern Berkshire Regional Emergency Planning Committee. 

 

"We allege that this company violated its permits, disregarded federal and state law, and put the Hoosic River — a resource cherished by the Adams community — at risk," said AG Andrea Campbell in a statement. "I am grateful for this collaboration with our state agency partners and committed to holding polluters accountable and working to bring resources back to communities disproportionately impacted by environmental harms."   

 

If approved by the U.S. District Court of Massachusetts, the consent decree will require Specialty Minerals to pay a total of $299,000, which includes payments to the town of Adams and three community groups in Northern Berkshire County that will be used to benefit water quality and prevent stormwater impacts. 

 

Once approved, most of the settlement would fund multiple projects to benefit water quality, including infrastructure improvements and native plantings to mitigate stormwater impacts in the Hoosic River Watershed. Specifically, the proposed settlement provides for: 

• $50,000 to the town of Adams for infrastructure improvements in a tributary of the Hoosic River
• $50,000 to Hoosic River Revival for stormwater mitigation projects  
• $50,000 to Hoosic River Watershed Association for a native plant garden and other projects to mitigate stormwater impacts and benefit water quality 
• $50,000 to Sonrisas to fund invasive plant removal and native plant habitat establishment at Finca Luna Búho, a community land project that centers the voices and prioritizes the decision-making of those living in marginalization. 

It will also provide $30,000 in civil assessments to the state's Natural Heritage Endangered Species Fund and $20,000 in civil penalties for violation of state law, as well as $49,000 to offset the costs of the AG's enforcement efforts.