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2019.01.30 Misch Amendment Request January 30, 2019 Carolyn Misch, AICP Senior Land Use Planner/Permits Manager City of Northampton Office of Planning & Sustainability 210 Main Street, Room 11 Northampton, MA 01060 RE: Syncarpha Solar Project Park Hill Road, Northampton, MA Special Permit PLN-2019-0013 Request for Amendment Dear Carolyn: Our office has been working with Syncarpha Solar LLC to move the site of the above referenced project into the construction phase. During these efforts, it has come to our attention that the original Special Permit issued for the project does not include language specific to the setback issues that resulted from the donation of the northern parcel of land to the City of Northampton. As you recall, the overall parcel that was subject to the original permitting for the site was divided into four (4) individual parcels through an Approval Not Required (ANR) process. The two westernmost resulting lots are to be left undeveloped for the time being, and there was discussion about potential donations of the property; however, I do not believe anything has been finally decided regarding those two lots. The parcel to the north of the solar project is to be donated to the City of Northampton, and the final remaining parcel is to be developed for the solar facility. Immediately prior to submitting the drawings for permitting, there was a request from the City that we “tighten the ANR lines around the solar parcel to gain additional area on the parcel to be donated to the City. This accommodation was made with the understanding that the solar facility would no longer meet zoning setbacks without applying §350-6.2(C) of the City of Northampton’s Zoning Ordinance which states: “Land Donations; reductions of dimensional and density requirements. The Planning Board may issue a special permit for a reduction of a required dimensional or density regulations under §350-6.2 where such reduction is for the purpose of donating land that is contiguous and in common ownership with the land for which the reduction is requested to the City of Northampton….” Syncarpha Solar Project Request to Amend Special Permit PN-2019-0013 January 30, 2019 Page 2 The plans that were filed in support of the project and revised through September 10, 2018 showed the solar panels that were less than the required 50 feet from the new ANR property line. These panels were not labeled on the plans, and it is unclear if the Planning Board was aware of the proximity of the six locations where the panels are less than 50 feet from the property line. The current Special Permit decision does reference §350-11.6, which includes the language: “The requested use meets any special regulations set forth in this chapter.” A liberal interpretation of this could indicate that the setbacks are acknowledged to be reduced in accordance with the provisions which pertain to donated land; however, we would like to make sur the Planning Board is aware of the matter, and that it is specifically mentioned in the approval documents. We have prepared the attached Exhibit Plan which is an annotated copy of the Site Plan that was revised through September 10, 2018 and was approved by the Planning Board. The notations in red indicate our additional dimensions to clarify the locations of the panels. Other than the red text, nothing on the Site Plan has been revised from the September 10, 2018 drawings. At this time, we are seeking to amend the Special Permit that was issued by the Planning Board under PLN-2019-0013 to include the provisions of §350-6.3(C) to allow the setback reductions as noted in the six (6) locations along the new ANR line between the solar project and the land to be donated to the City of Northampton. We are not requesting any setback reductions in any other area beyond the six (6) locations noted on the annotated plan. Enclosed, please a copy of the online application page along with fourteen (14) reduced size (11 x 17) copies of the Annotated Site Plan depicting the subject of this request. If you have any additional questions or require additional information, please do not hesitate to contact me at the address above or via email at tmorey@bealsassociates.com. Sincerely, Beals Associates, Inc. Todd P. Morey, P.E. Vice President Enc. As Noted C: Keith Akers, Syncarpha