Dalton Approves Warren Farm Solar Easement

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — The easement for Warren Farm Solar LLC was approved during the Select Board meeting Monday night. 
 
Citizens Energy, a non-profit energy company, is planning a 13-acre solar farm off Bridle Road. 
 
An easement was agreed upon following several negotiations between the town and Citizens Energy's lawyers, Town Manager Tom Hutcheson said. Department of Public Works Edward Hall and everyone involved with the special permit was also involved in the agreement and approved of it. 
 
The easement grants the nonprofit unobstructed access between Bridle Road and the farm's landfill, located off Park Street Extension, outside of the transfer station's hours for vehicle and pedestrian access. 
 
The town will be getting a payment in lieu of taxes for the duration of the project that will be worked out later. Hutcheson said he expects that at that time the town can work out  remuneration "as a point in the town's favor."  
 
The board was unsatisfied with the lack of remuneration for a real estate transaction. Select Board Chair Joseph Diver expressed that in the future, the board should be able to review contracts in an executive session
 
"This has been a concern of mine for a while, when we get into contracts I think we should have a board review of the contract and the details of that agreement before it comes to open session," Diver said. 
 
"I'm gonna be a no vote on this tonight because I don't like the structure. I don't like the lack of details around it, but that's my opinion."
 
The easement contract includes a nominal fee of $1 that seemed agreeable because the nonprofit Citizens Energy will also be responsible for repairing and maintaining the road, Hutcheson said. 
 
The concern that Diver expressed having is how will the board explain the $1 nominal fee to town residents.
 
"I will mention that they will be improving the road at their expense and that will benefit the town. I think that was taken into account during the discussions," Hutcheson said. 
 
Select Board member Daniel Esko asked what the standard amount for remuneration is, which Hutcheson said he is willing to look into.
 
"We haven't typically always had any remuneration or associated with easements of this sort. I do think that we would maintain and improve the road at our expense," Citizens Solar's Senior Director Emily Byrne said. 
 
Citizens Energy Corp. resurrected its plans to install a solar array on the Warren landfill in December.
 
During the board's last meeting, it declined Citizens' proposal for a solar alternative on-bill credit agreement under the Solar Massachusetts Renewable Target program. More information on the project here
 
The company started this project about nine years ago and the entire project was fully permitted back in 2014 but was declared not viable because the electrical grid could not accommodate it. 
 
With recent grid infrastructure upgrades, the project can now be completed. 
 
In other news:
 
The board approved the appointment of the town's new Superintendent of Buildings and Grounds Jeff Burch as effective July 20 pending security clearance and pre-employment physical. 
 
The board also approved the appointment of Barbara Kotelnicki as library trustee effective July 18. 

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Two Men Found Guilty of Marijuana Trafficking

PITTSFIELD, Mass. — On Monday, May 6, Yebin Mai, 32 of Staten Island, NY and Dem Wu, age 52 of Staten Island, NY, were found guilty by jury of their peers in Berkshire Superior Court.
 
Yebin Mai was found guilty of two charges: Marijuana Trafficking in 100 pounds or more but less than 2,000 pounds and Witness Intimidation. Dem Wu was found guilty of Marijuana Trafficking in 100 pounds or more but less than 2,000 pounds.
 
According to a report, on July 30, 2020, State Police responded to a request for assistance from the Eversource Electric Company. The emergency dispatcher stated that two Eversource linemen were attempting to fix an electrical problem when they had a confrontation with individuals at 72 Jackson Road, Savoy. The residence belonged to Bin Huang after he purchased it in 2017 for $200,000 cash.
 
When state troopers arrived, the linemen stated that they responded to a report from a resident at 72 Jackson Road, Savoy claiming that power was fluctuating. When the linemen arrived at the house, they observed severely damaged wires and insulators leading from the roadside poles to the residence. When the Eversource linemen approached the house a man came out to meet them. The man, later identified as Yebin Mai, spoke limited English; therefore, communication between the Eversource linemen and resident became difficult. The linemen tried to explain that they would need to turn the power off to conduct a safety check of the electric meter and surrounding electrical connections. Mai became agitated. He handed the linemen an envelope filled with money later determined to be $600. The linemen attempted to return the envelope multiple times, but Mai would not take it. The linemen decided to leave the property. They called the police and waited for them to arrive, stated a report.
 
A trooper and Eversource supervisor arrived on the road at the end of 72 Jackson Road's driveway. A short time later, Mai drove down the driveway and attempted to leave in a pick-up truck with New York plates. There were two other passengers in the truck, including Dem Wu.
 
The trooper instructed Mai to stop and turn off the truck which he obeyed. All the individuals returned to the residence so the linemen could complete their inspection.
 
In a police report, the following items were observed at and around the house:
  • 4 separate electrical meters in poorly constructed boxes on the side of the house
  • Some melted wires and metal around the meter boxes (believed to be due to an excessive amount of energy being drawn through the wires)
  • Evidence of a small fire around one of the meter boxes
  • A smell of fresh grown marijuana (which grew once power was cut to the house and fans in the residence stopped running)
  • The sound of multiple fans inside the residence with no visible air ventilation system on the outside of the house
  • Windows with curtains drawn and boarded shut
  • A backyard covered in debris from a renovation, green planning pots, and large florescent light fixtures
  • Ring door cameras
  • A small path in the woods that ended in a pile of used potting soil and roots and stalks of freshly harvested marijuana plants

Additionally, Eversource reported that the monthly electric bill for 72 Jackson Road was approximately $10,000 per month, much higher than the average homeowner's bill.

The individuals on the property were questioned and ultimately allowed to leave. On July 31, 2020, Massachusetts State Police, including the State Police Detective Unit assigned to the District Attorney's Office, and a member of the DEA arrived at 72 Jackson Road to execute a search warrant. 
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