LIVERMORE FALLS — The Planning Board on Wednesday evening, Jan. 22, approved changes to the Livermore Falls Solar Energy Systems Ordinance limiting the size of solar systems and adding language to meet fire organization regulations.

File photo

“We were asked at the last meeting if we would consider putting a limit on the size,” Planning Board member Carole Barker said.

“We added two safety acronyms that solar companies have to meet, be compliant with,” member Gayle Long stated. Town Manager Carrie Castonguay had suggested adding those while other changes were being made, she noted.

In the standard for approval section for large and medium-scaled ground-mounted solar energy systems, added under maximum land coverage was, “The maximum area a solar energy system may cover is fifteen [15]   acres, including any structures, security fencing, screening and set-back space requirements. The Planning Board may issue a maximum land coverage variance for projects covering up to an area of 50 acres with the consent of the Select Board if, in the opinion of the Planning Board, the project demonstrates substantial benefit to the Town.”

“That leaves a lot of room for interpretation,” member Arin Quintel said. “Should we be more specific about what the substantial benefit would be?”

Long said it would be up to the Select Board and Planning Board to decide that. “We could  choose not to even forward it to the Select Board if it didn’t meet our criteria,” she noted.

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Barker asked if the Planning Board would need to have criteria for a variance.

“As far as the benefit, that would have to be determined by the Select Board,” Long responded. “We can’t make those.” She also noted companies could appeal if a variance was denied.

Board member Tim Fournier suggested taking the variance section out. “We can always come back and revisit this down the road,” he said.

By consensus, members agreed to take out the sentence referencing a variance.

Under specific application requirements, the fourth section – which notes a certification of the solar energy system will conform to various industry standards – the last sentence had wording added at the end to read “with all other applicable fire and safety requirements defined by the National Fire Protection Association  [NFPA].”

Under emergency services, after “solar energy systems owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief” at the end was added, “for his approval. The National Fire Protection Association [NFPA] has guidelines for solar panels, including setback requirements and electrical code compliance.” Also added at the end of that section was, “In Maine, solar panel installations must also comply with the National Electrical Code [NEC]. Electrical code compliance:

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• All wiring must comply with the photovoltaic systems standards in the latest edition of the NEC [NFPA 70].

• The 129% Rule must be followed to prevent overloading the electrical panel. This rule states that the main breaker rating plus the solar system’s breaker rating cannot exceed 120% of the busbar’s rating.

• Photovoltaic panels and modules must be listed and labeled by an approved agency.”

Long said she added the first part as Fire Chief Nathan Guptill and Deputy Chief Bobby Cummins referenced that information in a site plan that had already been reviewed.  Castonguay suggested the National Electrical Code information be added, she stated.

Under the screening section, Long said she added the word “tall” to describe vegetative barrier because the Souther solar array used “three little arborvitae that have all died. We needed to define that better.”

Long noted the last change – under roof-mounted solar energy systems – defines the setbacks in the NFPA document, which hadn’t been covered before. The changes are “Setback requirements:

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• Solar panels must be set back from the roof’s ridge line to allow for ventilation.

• The setback amount depends on the percentage of the roof covered by the panels.

• For panels covering 33% or less of the roof, the setback is at least 18 inches [457 mm].

• For panels covering 33% or more of the roof, the setback is at least 36 inches [914 mm].”

The board unanimously approved the changes minus the sentence on variances.

Long said she would get them to Castonguay to present to the Select Board.

The Solar Energy Systems Ordinance was initially approved by voters at a special town meeting on June 20, 2023. Later that month it was reported another vote was recommended due to the previous meeting not being properly called. According to the document with the proposed changes in it, the ordinance was adopted on Aug. 15, 2023.

 

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