HomeMy WebLinkAbout2022-07-25 810 Wakeby Road COU Determination
July 25, 2022
TJA Clean Energy
c/o Timothy Vautour
150 John Vertente Blvd
New Bedford, MA 02745
Change of Use Determination: 810 Wakeby Road Solar Project, Barnstable, MA
Dear Mr. Vautour:
Cape Cod Commission staff reviewed your May 20, 2022 request for a determination regarding the
above-referenced matter (see “Project Materials” below for a list of documents submitted in support
of the request). It is my opinion that the proposed ground-mounted solar photovoltaic system as
depicted in the Draft Site Plan and supporting materials (the “Project”) does not constitute a “Change
of Use” within the meaning of Sections 1(c) and 4 of the Enabling Regulations Governing Review of
Developments of Regional Impact, revised November 2021.
The site currently operates as a junk yard, was formerly used as a sand and gravel quarry, and is
largely cleared of trees. The proposed outdoor solar use, as described above and in the Project
Materials, does not present a change in the nature of the existing outdoor use on the property. The
proposed solar installation will include solar modules and associated equipment and infrastructure.
As depicted in the Project Materials, the solar installation will not include on-site battery storage, and
transformers will use biodegradable dielectric fluid. The current and proposed uses for the project
site are both “Outdoor Uses” under the Enabling Regulations. Further, the Project does not present a
more impactful development at the regional scale than under existing site conditions.
Accordingly, it is my opinion that TJA Clean Energy’s proposal, as depicted in the Project Materials,
does not require mandatory DRI review by the Cape Cod Commission under current regulations.
This determination is limited to the Project as depicted in the Project Materials and in no way limits
the town’s local permitting authority, interpretation, or administration.
Notwithstanding the above, this opinion does not affect the ability to make or accept a
“Discretionary Referral” of the proposal pursuant to Section 12(e) of the Cape Cod Commission Act.
Further, the Commission’s regulations require mandatory DRI review for any proposed development
which requires preparation of an Environmental Impact Report (EIR) under the Massachusetts
Environmental Policy Act (MEPA). I expressly provide no opinion about whether the proposal might
require the preparation of an EIR, and thus could require mandatory DRI review on this basis.
Sincerely,
Jordan Velozo
Chief Regulatory Officer
Project Materials reviewed:
Change of Use Determination Application, including:
• Application Cover Sheet
• Project Description letter, dated 5/20/2022, prepared by Atlantic Design Engineers, Inc.
• Draft Site Plan, dated 5/20/2022, prepared by Atlantic Design Engineers, Inc.
• Subject Site Deed
• Solar Real Estate Lease Option Agreement
• Relevant Court Claims
Equipment Specifications (provided as examples, not finalized), including:
• Envirotemp FR3 Natural Ester Fluid (Transformer dielectric fluid)
• Sungrow SG125HV String Inverter
• SMA Sunny Central UP-US Central Inverter
• Eaton Cooper Power Systems Pad-mount & Substation transformers
Current Site Photographs