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Planning Board pauses final vote on 651 Main Street solar amendment; raises bond, fence and enforcement questions
Summary
The board reviewed a draft decision on Merrick/651 Main Street solar amendment (SP25-05), discussed required fence slat color, as‑built plan deadlines, replacing a performance bond with a cash deposit, and adding a penalty clause for noncompliance; final vote was postponed pending Town Counsel review and outreach to company counsel.
The Wilbraham Planning Board on Jan. 7 discussed but did not vote on a draft decision to amend conditions for the Merrick solar installation at 651 Main Street (SP25‑05), citing outstanding legal review and specific conditions that still needed to be settled.
Planning Director Michelle R. Buck told the board she had forwarded the draft decision to Town Counsel and had not yet received comments, and she highlighted several conditions under consideration: installing fence slats (with the board asking that slats be green), submission of an as‑built plan by a set deadline, replacing the current performance bond with a cash deposit, and adding a new condition that would allow the board to impose penalties or fines for failure to comply with approval conditions. Building Inspector John J. Walsh reported he had not seen fence slats installed and said Vedran Terzic had requested approval of the slat materials.
Board member John McCloskey asked whether the cash‑deposit requirement (Condition #19) had been discussed with Karol Augspurger, Global Counsel for GE Healthcare; Ms. Buck said it had not and the board agreed it should be brought to Ms. Augspurger's attention. The board did not vote on the decision and directed the item be placed on the next meeting agenda after Town Counsel review.
Why it matters: The conditions under debate — financial assurance, as‑built documentation, and enforceable penalties — affect how the town ensures compliance with permit requirements and how quickly the town can address perceived shortfalls in installation or maintenance.
Next steps: Town Counsel review and explicit coordination with company counsel (Karol Augspurger) are needed before the Planning Board will consider a final vote. Building Inspector Walsh will respond to Vedran Terzic about fence slat color preference.
Direct quotes from the transcript: Board members discussed replacing the performance bond with a cash deposit and asked Town Counsel and company counsel to be engaged before the next vote.
