Charlton planning board, applicant spar over decommissioning bond language for North Sturbridge Road solar project
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Summary
At a Dec. 3 Planning Board meeting, the North Sturbridge Road Solar Farm representative objected to a proposed five‑year bond review and the inclusion of pollution coverage in the decommissioning surety; the board and counsel agreed to split approvals and asked the applicant to provide insurance certificates and updated decommissioning tables for a January follow‑up.
Chris Nolan, a consultant with Parr Corporation representing North Sturbridge Road Solar Farm, told the Town of Charlton Planning Board on Dec. 3 that his client objects to two provisions in the board’s draft decommissioning order: a five‑year automatic review of the bond and a requirement that the surety expressly include pollution or hazardous‑waste remediation coverage.
Nolan said the project’s 2018 site‑plan approval established a 20‑year escalator and the company expects that mechanism — not a separate, periodic review built into the bond — to govern future adjustments in dismantling costs. He also said pollution and hazardous‑waste risk are typically addressed through commercial pollution liability insurance, and that his client will keep the town listed as a certificate holder and provide documentation of coverage.
Board members said five‑year reviews are used in other towns to ensure bond tables stay current as equipment, panel types and recycling markets change. The board stressed it wants updated SDS sheets, panel counts and a revised Table 1 showing as‑built quantities so Graves Engineering can re‑check recycling, transportation and disposal line items that affect the bond amount.
Town counsel told the board its authority is limited by the 2018 site‑plan decision and that it cannot retroactively add conditions beyond what that approval required. Counsel and the applicant agreed on a two‑part approach: amend the site‑plan approval to add a clear insurance/certificate requirement that runs with the land, and issue a separate decommissioning decision that implements the 2018 disassembly/performance guarantee language.
The board asked Nolan to supply a copy of the pollution policy and certificate naming the town as certificate holder and to submit updated decommissioning tables and SDS sheets before the next meeting. The applicant agreed to try to provide documents before Christmas so Graves could peer‑review them; board members tentatively scheduled follow‑up review for a January meeting.
What happens next: The applicant will provide the requested insurance certificate and revised Table 1; the board will circulate materials to Graves Engineering for peer review and revisit the decommissioning decision and any site‑plan amendment at a January meeting.
