BEAVER RIVER SOLAR FACILITY POLES STILL UNRESOLVED

By Cynthia Drummond for BRVCA

October 17th 2024

RICHMOND – The drama of the electrical transmission poles for the Green Development solar array continued at the Oct. 15 Town Council meeting. 

When it became clear that the interested parties were not understanding each other’s positions, the discussion concluded with a plan for Rhode Island Electric, Green Development and town representatives to meet and discuss the placement of the poles.

On the agenda, once again, were requests from Rhode Island Energy to install a joint pole, to be shared with Verizon, and three additional poles on Shannock Hill Road.

The original plan calls for underground transmission wires, but Green Development now plans to run the lines to a new pole and elevate them above ground for the portion that crosses over the Beaver River, before they go back underground on the other side of the river.

As she has at previous council meetings, Town Planner Talia Jalette explained that because the town had approved a special use permit, (after being ordered to do so by Rhode Island Superior Court) changes to that approved plan would require the developer to go back to the Zoning Board to ask the board to approve a new special use permit.

Council President Mark Trimmer said it appeared that at least some of the poles have already been installed, not by Rhode Island Energy, but by Green Development.

“I had heard that these poles were already placed. Is that true?” he asked Jalette.

Jalette replied that two poles had been installed by Green Development, but that a special use permit would still be required to attach lines to the poles.

Responding to a question from councilor Michael Colasante, who wanted to know why this case had become so complicated, Jalette provided additional details.

“What’s happened here is, there has been a change from what had originally been put forth by the applicant, and so, it goes to the importance of abiding by an approved plan,” she said.

“When a plan is reviewed by a body, whether it’s the Planning Board or the Zoning Board, there’s an understanding that what is in that plan is what’s actually going to be built. And so, when there are deviations from that plan, there can be inconsistencies, because what had been approved or what had been reviewed or what had been understood by the parties involved has now changed.”

Colasante said he had been told that running the lines above ground would have less of an impact on the environment.

“I had somebody look at this, and they basically looked at the pole placement,” he said. “The pole placement irregardless [sic] of who put the pole in, is where the poles should be and they also mentioned to me that there’d be less of an environmental impact by putting the wires above ground than digging into the old timbers.”

Jalette replied that the Zoning Board would make the decision, but she also noted that the developer had not applied for a new special use permit.

Trimmer said,

“It’s not a matter of doing what you want to do and worrying about forgiveness later. It’s a matter of asking for permission, following the proper procedures. We require all the other developers in town to follow certain procedures and this developer has chosen not to.”

Jalette added that Rhode Island Energy has a unionized workforce that is responsible for installing transmission poles.

“When they are not allowed to do the work that is encouraged or required by their union, then there can be some difficulties,” she said.

RI Energy project manager Denise Ducimo weighed in, adding to the confusion.

“This is not about if it’s overhead or underground,” she said. “These town permits haven’t changed since inception. It’s for three additional pole sets on Shannock Hill Road to extend the line, and it was always going to be poles on Shannock Hill Road.”  It became clear however, that Ducimo was repeatedly referencing a later application and not the original pole locations and plans.

Ducimo said the utility had provided more detailed information on the locations of the poles, after abutting property owner John Peixinho objected to guy wires being installed on his land without permission. All of the poles and attachments, she said, would be on town property.

However, Jalette said that the locations of some of the poles had been changed and would be on the opposite side of the road from the locations shown on the freshwater wetlands permit issued by the Rhode Island Department of Environmental Management.

As the discussion continued, councilor Helen Sheehan proposed an in-person meeting to clarify the parties’ positions.

“It sounds as if there needs to be a face-to-face meeting between, maybe, you and the Zoning Board and the people from Rhode Island Energy,” she said.

Colasante added,

“These things are all stamped and certified and whatnot. I can’t see what the big deal is when we’re going back and forth here over whose plans are the right plans, the approved plans.”

Colasante asked why the parties hadn’t already met to resolve the issue.

Jalette responded,

“I’ve repeatedly told them that they need to get a special use permit to change any component of their application and Green Development has not applied for a special use permit.”

Attorney George Watson III, representing Rhode Island Energy, added,

“Rhode Island Energy sets lots of poles in Richmond,” he said. “It’s not something we would ever pursue a special use permit for, so with respect to the discussion of the special use permit,  and what’s required for setting these poles, we are graciously stepping out of that and letting the town and Green Development make a determination on that. …We disagree that a special use permit would be required for this, because, frankly, Green Development doesn’t have the ability to permit poles within a public right of way.”  Watson also stated, possibly further contributing to the town’s dilemma, “Green Development cannot legally put poles or operate a distribution system in the Town of Richmond”.

Town Solicitor Christopher Zangari addressed Watson.

“It’s not the town’s responsibility as to who’s allowed to put in a pole,” he said. “The town is concerned with the change to the plan that was approved.”

I understand that’s the town’s position,” Watson countered, “but I would also offer that the Zoning Board of Review doesn’t have jurisdiction over the roads, so they cannot say what can and can’t be installed within the roads. Only this Town Council has that commission.”

The council approved a motion calling for a meeting between Jalette, Green Development and Rhode Island Energy, before members decide on the pole permits.

The Bids Are In

In other business, Town Administrator Karen Pinch informed the council that she had received bids for work at the Town Hall.

New roof shingles, at a cost of $58,000, the refinishing of the porch, $3,750, and interior painting, $63,430, will be covered by the town’s remaining ARPA funds of $177,983.12. The American Rescue Plan Act funds must be allocated by the end of 2024.

Pinch said she also wanted to commission an environmental study of the property at 4 Richmond Townhouse Road which is slated to become the town’s new community recreation park.

“The company who’s doing it now says in order to complete the environmental thing, they need to see the engineering work, which we were not told in advance of them saying they could do the work,” she said. “So, the total of those two things, to be safe, we need about $20,000 for those two things.”

Pinch noted that a $5,000 small business grant to the Mama Earth dry cleaning and tailoring company, and a $27,803 match for the grant to replace the elevator at the police station will bring the total to $177,983.

After requesting that the names of the vendors be added to the motion, the council approved the awards.

CIT Awards

Police Chief Elwood Johnson recognized two Crisis Intervention Team, or CIT, members. The CIT program assists police in cases involving mental or behavioral health crises.

Police clinician Alison Turner received the CIT Clinician of the Year Award at the Rhode Island Crisis Intervention workshop in August.

Police Officer Michael Ellis, who is also a Chariho School Resource Officer, was named CIT Officer of the Year at the August workshop.

“Because of their work, because of this program, our hospitalizations are down, unnecessary rides to the hospital are down,” Johnson said.