By Wayne E. Rivet

Staff Writer

LOVELL — Open either lovellsolar.com or letlovelldecide.org and one is greeted by a photo of a distant mountain range and trees radiating in foliage season colors.

The first website — produced by Walden Renewables — illustrates banks of black solar panels in the middle of two tree stands.

The second website — produced by Our Eden Association, a Maine non-profit corporation concerned about the magnitude and scope of the proposed Walden Renewables 181-acre solar array project to be developed at and near Christian Hill and Shave Hill Roads — shows a current view and then transitions to what the view will look like with the solar array.

As one would expect, the initial messages seriously vary:

Walden Solar Maine III

A proposed solar project with large benefits and little impact. The proposed solar project will be located in a valley between Christian Hill Road and Shave Hill Road and will be surrounded by trees. It will generate enough clean energy to affordably power nearly 10,000 homes and won’t be visible from 99.87% of Lovell.

And from Our Eden:

We are strong supporters of solar energy done responsibly…

We believe there are multiple, serious issues that must be raised concerning the proposed Walden solar project. Simply stated it…

…is too big for Lovell and has no direct benefit for Lovell homeowners, other than the few who are under lease agreements.

…will permanently desecrate over 170 acres of pristine forest and wetlands by clear-cutting over 10,000 mature trees for at least the next forty years.

…will endanger wildlife, compromise historic scenic views, and have potentially catastrophic environmental impacts to Kezar Lake.

…will likely be sold to a third party as soon as it is completed.

Both parties, through their respective websites, hope to address key points, sway Lovell public opinion regarding the project and whether to vote “yes” or “no” this coming Tuesday, Jan. 25, 7 p.m., at the Center Fire Station (3 Hatch Hill) on a 180-day solar moratorium at a special town meeting.

Walden believes it has a completed application on file (submitted in late October) that addresses standards raised in current Lovell ordinances.

Opponents pushed for a moratorium as a means to put the matter on pause and give Lovell adequate time to draft, consider and pass regulations specific to solar development —a “new kind of land use.” State law does allow for the moratorium to be extended an additional 180 days to complete work.

During three public meetings on the solar proposal, opponents raised concerns regarding the effect on scenic views, property values, whether Walden would sell the array and decommissioning once the arrays reach the end of its usefulness.

The News reached out to Jack Kenworthy, co-founder and chief development officer of Walden Renewables, and Dale Knapp, principal of Biodiversity Research Institute, to shed more light on the proposed solar project and points raised by the public.

BN. How many solar projects has Walden completedin Maine to date? When was the first one?

JK/DK.Walden has been developing solar here since late 2018 in response to legislation intended to spur the development of grid scale projects.  Walden has completed development on six 5 MW projects in Maine, 4 of which are under construction presently. Walden has also completed development on two 20 MW projects in Maine that will start construction later this year.

BN. How many solar projects are in the application phase?  

JK/DK.In addition to the WSM III project in Lovell, Walden has four other projects in Maine that range in size from 17 MW to 200 MW that are in various stages of development.

BN. Has any proposal been turned down? If so, where and what were the circumstances?

JK/DK.  Walden has never had a solar project denied a permit. We believe this is primarily because the impacts associated with these well-sited projects are quite limited. (Note: Walden has no plans to sell the Lovell project.)

BN. One complaint regarding the Lovell proposal has been the size of this project. What is the biggest array you have completed?

JK/DK.  Walden has completed development of a 120 MW project in Pennsylvania that has a 671-acre footprint.

BN. How does Lovell compare?

JK/DK.Compared to the average utility-scale solar project size Walden has in Maine, Lovell falls about in the middle. In comparison to the average size of projects in Walden’s entire portfolio, Lovell is quite small. Our largest project is a 350 MW project in the southeastern United States.

BN. Explain the reason for the size of the Lovell project.

JK/DK.The size of the Lovell project was optimized based on grid interconnection capacity, available land, avoidance of sensitive natural resources, cost, and regulatory compliance. The contract awarded to WSM III by the Maine Public Utilities Commission includes a power delivery commitment and the project size is directly tied to this agreement. 

BN. Some wondered if it could be scaled down? Your response?

JK/DK.Walden has already reduced the amount of DC capacity associated with this project and increased buffers in response to dialogue that we have had with neighbors over the last several months. Given that the project has firm commitments to the State of Maine under our long-term power contract (for both energy and economic benefits to the State) and fixed interconnection costs with Central Maine Power, further reductions in project size are not anticipated.

BN. Opponents say the arrays will “destroy” the scenic view. From a property valuation standpoint, is there studies or proof that solar arrays cause property values to drop?

JK/DK.While there will be visibility of portions of the project from about 10% of the length of Christian Hill Road, the quality of the view from those areas will remain intact, and the dominant features of those views (the mountains and forested ridgelines) will not be disturbed. 

Of equal importance is that 99.87% of the Town of Lovell will have no visibility of any portion of the solar arrays at all. Studies performed by Cohn Reznik (CR) related to property valuation in similar demographic regions published in June 2020 have shown these projects have no discernible impact on property values.

According to the report, eight established solar farms were used for the study. Property value trends of the adjacent land uses, including agricultural, single family and residential properties were reviewed, and discussions were had with market participants (Michigan, Illinois, Indiana, Minnesota, North Carolina and Virginia).

Findings: With regard to their impact on nearby property values, our studies of facilities of various sizes demonstrate that there is no measurable and consistent difference in property values for properties adjacent to solar farms when compared to similar properties locationally removed from their influence. This is supported by our interviews with local real estate brokers who have stated that there is no difference in price, marketing periods or demand for the homes directly adjacent to the solar farm facilities 

We have also interviewed market participants, including County and Township Assessors (with solar facilities in their districts), to give us additional insight as to how the market evaluates farm land and single-family homes located adjacent to solar farms. Local assessors have noted that there is no evidence of negative property value impacts due to proximity to a solar farm, and local brokers have noted that there has been no effect on pricing, marketing time, nor conditions of sale. 

BN. Some say Walden looked closely at Lovell as a possible array site because the town had no specific regulations regarding solar facilities. Have you run into similar situations in other towns/municipalities where the ordinances had not been updated to address current uses, and thus had to place solar under another term? If yes, did the term become a sticking point? How did the board react?

JK/DK.Lovell has rigorous requirements to obtain a Conditional Use Permit, regardless of whether the ordinance mentions solar or not. A proposed solar project must satisfy a full 16 pages of regulations, covering everything from setbacks, lot coverage, glare, noise, etc. Many solar ordinances in Maine are less restrictive than Lovell’s Conditional Use requirements, and we don’t usually have to submit 600-plus pages of an application to obtain permits from municipalities in Maine. The length of this application was due to the extensive requirements in Lovell’s Zoning Ordinance. It is also very common for solar generators to be reviewed by towns in Maine as both “essential services” or “utilities.” Solar projects have been well received in municipalities across Maine as a low impact alternative to produce clean, low-cost power for decades to come.

BN. Regarding completenessof the application, other than the question regarding if solar could fall under telecommunication, has the application, in your mind, been complete since October? Any changes, if so what? Have planners asked for specific information for Walden to address/provide? If so, what.

JK/DK.Walden does believe that it submitted a complete application on Oct. 29 that was ready for substantive review. We have not received any specific requests for additional information from the Planning Board over the course of three meetings held to date and have also not received any feedback as to what may be allegedly incomplete.

BN. Typically, what has been Walden’s experience in the length of time it has taken to see an application submitted, reviewed and ultimately approved?

JK/DK.  Much of this depends on the level of review mandated by the ordinance structure within a given municipality. Some towns do not have zoning or ordinances beyond state mandatory minimum shoreland zoning, and in that case, a building permit is often sufficient.  In other municipalities with more robust ordinance requirements, such as Lovell, substantive technical review typically takes several months. A typical timeline for permitting a solar project in a municipality with robust review is 3 to 6 months. Permitting under the Maine Department of Environmental Protection typically takes 6 to 8 months from the time the application is accepted as complete for processing and an approval order being issued by the department. 

BN. Based on some comments at Lovell meetings, there seems to be some frustration that the board has somewhat dragged its feet — partly due to public pressure, in the form of comments made at meetings — and postponing decisions feeling more time is needed for review. Your feelings on how the process has been handled to date?

JK/DK.The process to date has not followed proper procedures.  After the pre-application was held in mid-October, the Board knew this application was coming. Now, three months later, the Board still hasn’t opened the application during the course of a planned meeting. We understand that some vocal opposition has not made things easier on the Board, but the proper process still needs to be followed.

BN. Has there been any attempt to see if the board would consider meeting a second time within a month to work on this application? I have seen Bridgton’s Planning Board on several occasions schedule another meeting within a week or two to solely address one application.

JK/DK.We have not made that request to date, but moving forward, we do expect to request that adequate time is provided to allow the Board to do their jobs. The Board can’t just take public comment. They are obligated to review the application materials and determine the project’s compliance with Lovell’s Zoning Ordinances.

BN. In your opinion, does Lovell’s existing ordinance provide the tools for planners to thoroughly address concerns the public might have regarding installation of solar arrays? 

JK/DK.Yes. As noted earlier, there are extensive requirements that must be met to receive a Conditional Use Permit. In order to comply with Lovell’s ordinance, we were required to submit a 600-plus page application.  The types of regulations that Lovell has on its books and that apply to any Conditional Use (regardless of what specific use it is determined to be) are the same types of regulations that one would find in a solar specific ordinance.

BN. Could you point specifically to a couple of standards, which address concerns the public has stated at planning board meetings?

JK/DK.  Within Article VII of the Lovell Zoning Ordinance there are 16 pages of performance standards that would apply to any conditional use proposed within the town. Some examples below are criteria that the project is required to demonstrate compliance with the ordinance standards. 

7.2 – Archaeological – Project consultation with Maine Historic Preservation Commission is required to demonstrate the proposed project does not represent undue adverse impacts to listed, or eligible to be listed sites, on the National Register of Historic Places and can include architectural resources as well as pre-contact cultural sites. 

7.3 – Buffer Areas – Landscape buffer strips are required to visually screen the uses from abutting properties. The project must demonstrate that project buffering shall be sufficient to minimize the impacts of potential uses. It also includes a requirement for fencing of the site to deter unauthorized entry.

7.7 – Noise – The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any activity shall be limited by the time period and zoning district, in this case the project will be required to produce less than 55 dB(A) from 7am-10pm and 45 dB(A) from 10pm-7am. For reference 50 dB(A) is considered “Quiet” and a library is around 40 dB(A).

7.17 – Storm-Water Management - All new construction and development, whether or not served by a storm water collection system, shall be designed to reflect or resemble, as nearly as possible, natural runoff conditions in terms of volume, velocity and location of runoff. This section requires that the project design, analyze, and implement a storm water management plan that demonstrates the project with not have any adverse impact on ground or surface waters in the town of Lovell. 

7.19 – Water Quality - No activity shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quality, obnoxiousness, toxicity, or temperature that run-off, seep, percolate, or wash into surface or ground waters so as to contaminate,

pollute, or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness, or be harmful to human, animal, plant, or aquatic life. The project must demonstrate compliance with this standard.

BN. Your thoughts regarding the proposed moratorium?

JK/DK.Walden believes that the moratorium vote is improper to the extent that it seeks to retroactively apply specifically to the existing WSM III application. We have no objection to the Town advancing a moratorium that would apply to applications received after Dec. 28. 

BN. If voters enact a moratorium, what might be Walden’s next move?

JK/DK.It is unclear. We will need to wait and see what transpires.

BN. Has Walden created a similar website when involved with other projects as the one just launched? Any response thus far? Has there been a fair amount of traffic to the site?

JK/DK.We don’t typically launch project specific websites because project information is generally available on town websites and is also required to be available for public review at Town offices. But in this case, we felt it was particularly important for residents to be able to easily access publicly available facts about the project and have an easy way to contact us if they want more information or have questions. The facts for this project tell a very compelling story, so we are glad to be able to broadcast them on the website (www.lovellsolar.com).

The website has generated a few direct questions to our team that we have been responding to and we welcome questions and feedback from everyone – that is a key purpose of the site, to let folks ask questions and get answers right from the source.  

BN. You held an informational meeting, as well as tried to reach out to the public to answer questions. What has the response been like?

JK/DK.The public informational meeting we held on Jan. 3 was well attended, and the extended Walden Team had several hours of productive conversations with attendees. There is a lot of misinformation out there, and that sort of venue enables deeper conversations with subject matter experts (scientists, engineers, and architects) to address questions from the public that are of interest or concern.

BN. A few final comments.

JK/DK.The State of Maine has mandated robust, clean, domestic energy goals, and Walden has responded to the call to help bring more affordable clean power to Mainers for decades to come. This single project will diversify Maine’s energy mix with fixed price solar power that is 1/3 of the rate for CMP’s residential electric supply, while creating jobs, job training, and making over $8.8 million in tax payments to Lovell over its life. 

The project will offset as much carbon as the amount that 54,000 acres of mature forests sequester each year while only clearing 180 acres of trees.  

The cost to remove the project will be fully funded on Day 1 with funds held by Maine DEP to ensure removal. All components will be properly recycled, re-purposed, or disposed of in accordance with all applicable laws – no part of the facility will go to the Lovell dump. 

The project will not increase runoff or decrease water quality in the area (as required by Maine law), will not use pesticides or herbicides (as required by Maine law), and will be visible from only 0.13% of Town.  Nearly all scenic resources listed in the comprehensive plan will have not view of the project and the project will not be visible from any waterbody.  

The benefits from this project are extensive and long lasting, and the impacts by contrast are small. We look forward to continuing to work with the Town of Lovell to realize the many benefits of this important project.