800 AQUINNAH Legal Notices

Aquinnah Board of Health

The Aquinnah Board of Health will hold a public hearing March 7, 2019 at 6:00PM in the Town Hall to review a variance request by Raymonds Hill, LLC to construct a septic system to serve an existing dwelling on #4 Raymonds Hill, Assessor Map 6 Parcel 102.4. Variances required from Aquinnah Board of Health regulations: Leaching area to wetland separation 150 ft. required; 26 ft. proposed; leaching area to well separation 150 ft. required; 122 ft. proposed. Copies of the application and plan are on file with the Aquinnah Board of Health (508)645-2309 and Vineyard Land Surveying & Engineering Inc. (508)693-3774.

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AQUINNAH CONSERVATION

COMMISSION

On March 12, 2019 at 4 PM a public hearing will be held in the Aquinnah town offices under the Massachusetts Wetland Protection Act and the Town of Aquinnah Wetlands Water Resource Bylaw to act on a Request for Determination of Applicability filed by Lawrence Martin for the construction of an 8’ by 12’ shed within the buffer zone of a bordering vegetated wetland. Location: 12 East Pasture Way Map 8 Parcels 124, 125, 126 Site Visit: March 12, 2019 at 3:30PM

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Aquinnah Planning Board

On March 12, 2019 at 6:45PM the Aquinnah Planning Board will hold a public hearing in the Aquinnah Town Offices, 955 State Road, Aquinnah to review and approve the following proposed changes to the Aquinnah Zoning Bylaw.

WARRANT ARTICLE 1: To see if the Town will vote to: Make the following changes to the Zoning Bylaws to make the approval process easier and quicker: 1) Delete Section 6.4-3 Zoning Determinations (Added 5/10/2011) because it should have been deleted when replaced by Section 13.14-1Zoning Determinations (Added 5/8/12). 2) Delete Section 6.7 Zoning Administrator because it will be replaced by new Section 13.14-2 Zoning Administrator below. 3) Make the following changes to Section 13.14-1 Zoning Determinations to increase the number of things that can be approved with just a Zoning Determination: A . Amend Section 13.14-1A to read: To simplify the implementation of the Aquinnah Zoning Bylaws and speed up the approval process for projects that have no negative impact on the resources these By-Laws seek to protect, the Planning Board Plan Review Committee may determine that certain small developments, or certain parts of larger projects, can be approved by issuing a Zoning Determination rather than requiring the applicant to apply for a Special Permit. Zoning Determination can be used to approve projects in all of the town’s DCPCs, with some limitations outlined below. Issuance of a Zoning Determination shall be made after site review at a public meeting only if the super majority of the Planning Board Plan Review Committee determines that the proposed project: 1.) has no negative impact on the resources the applicable By-Laws protect; 2.) meets all goals, rules and regulations, and is within the guidelines of, the Districts of Critical Planning Concern the project is in; and 3) does not appear to be detrimental to the interests of abutters. B. Amend Section 13.14-1B to read; A Zoning Determination cannot be used to approve: a new single-family residence; new structures that will be visible in open and or highly visible areas; or accessory structures or additions, including decks, with a footprint greater than 170 square feet. Examples of projects that might qualify for a zoning determination, as set forth in this section, include: a small addition to a house or the siting of a shed in an area that is not highly visible; the extension of a deck or the addition of an outdoor shower; or the siting of generators or ground mounted solar panels. Zoning Determinations may also be used to determine whether a site is open and or highly visible and to allow perc tests in the presence of a qualified archaeological observer instead of submission of a Project Notification Form to Mass Historic. C. Amend the third line of Section 13.14-1C by replacing the words with a copy to with the words with copies to the Town Clerk and. D. Amend the last line of Section 13.14-1C by replacing the words this District of Critical Planning Concern with the words the Districts of Critical Planning Concern in which the projects fall. E. Add a second paragraph to Section 13.14-1C stating: If a Zoning Determination is used to permit a perc test, well or other small excavation in the presence of a qualified archaeological observer, as soon as the excavation is complete the engineer or person in charge will complete, sign and file an Archeological Findings Form, which has also been signed by the qualified archeological observer, with the Planning Board Plan Review Committee. The Committee will send copies via e-mail to Mass Historic and the Wampanoag Tribe of Gay Head Aquinnah. The Archeological Findings Form can be obtained at the Town Hall and it asks for the exact location(s) of the excavation(s) and documentation of the nature of the soils, any archeological resources or other findings that may be of interest to the Committee, Tribe or State Archeologist that were found during the excavation. 4) Speed up the approval process for many projects by creating a Zoning Administrator position that the Committee can delegate some of its responsibilities to by adding a new Section 13.14-2 to read:

Section 13.14-2 Zoning Administrator A. Appointment and qualifications. The Planning Board Plan Review Committee (PBPRC) may appoint a Zoning Administrator, to serve at its pleasure, subject to confirmation by the Board of Selectmen. The PBPRC may delegate to said Zoning Administrator by a vote of 5 of its 7 members, some of its powers and duties. The PBPRC may also appoint, on its own, and delegate powers and duties in the above manner, an Alternate Zoning Administrator whose purpose is to act when the Zoning Administrator has a conflict of interest or is unavailable for an extended period of time and applications have not been acted on. The Zoning Administrator and the Alternate can be the Building Inspector, The PBPRC Administrator or Assistant, a member or a former member of the PBPRC or any other person the PBPRC feels is sufficiently knowledgeable of the Zoning Bylaws and guidelines, and of the PBPRCs policies, practices and previous decisions. B. Term of service and manner of delegation. 1. The PBPRC may, by a majority vote of its regular members, terminate the services of a particular appointee at any time. 2. As soon as the PBPRC determines or amends the list of powers and duties it is delegating to each individual, it shall publish a list of the specific things that each individual can approve and will make available to the public at Town Hall and on the PBPRC website the list for whichever individual is currently acting as Zoning Administrator along with their office hours or availability, contact info and an application form with complete instructions. C. Scope of authority and approval requirements. 1. The scope of authority delegated shall not exceed that explicitly authorized by vote of Town Meeting. 2. The PBPRC may not delegate the following powers and duties: A. To permit any development within two hundred (200) feet of wetlands, waterbodies, beaches, dunes or the crest of bluffs over 15 feet high in the Coastal District. B. To permit any development in the Marine Commercial District. C. To permit any development in the Aquinnah Circle area which includes: the inner circle and the circle road, and the lands outside the circle starting the Manning properties, the lighthouse and park, the land running from the park across to and including the outlook and shops, the Aquinnah Shop lot, the Land bank trail head, the Homestead property and the two town parking lots. D. To permit new single family residences including tear downs, partial tear downs, reconstructions; extensions or additions greater than 170 square feet of footprint; Affordable Housing; Multi-Family Housing, Accessory Apartments; and Cluster Zoning. E. To permit anything under the Subdivision Control Bylaws. 3. The PBPRC may delegate the powers and duties to make Zoning Determinations for any or all of the things they can be used to approve. Zoning Determinations to be made by the Zoning Administrator must be made at a properly noticed public meeting and the written decision must be filed with the Town Clerk within one week and posted at Town Hall and on the PBPRC website for 10 days. Site visits will be held at a mutually convenient time. The applicant is free to proceed with the work after the decision is filed and all other required permits are obtained. 4. The PBPRC may delegate the powers and duties to make Zoning Determinations for any or all of the things they can be used to approve that meet approval requirements 1 and 2 of Section 13.14-1A but that may be detrimental to the interests of abutters and not meet requirement number 3, if the following procedures are used. These Zoning Determinations may be approved by the Zoning Administrator at a properly noticed public meeting if written notice is sent by mail, return receipt requested with postage paid by the applicant, to parties in interest, at least 2 full weeks before the hearing. The written decision must be filed with the Town Clerk within one week and posted at Town Hall and on the PBPRC website for 20 days and immediately sent to parties of interest. The applicant is free to proceed with the work at their own risk during the appeal period once all other required permits are obtained. 5. The PBPRC may delegate the powers and duties to approve Special Permits for amendments to previously approved plans (as often happens during construction) if they changes comply with the bylaws and are de minimus or not significant enough to require a fully noticed public hearing. Zoning Administrator must make these decisions at a properly noticed public meeting and the written decision must be written as a Special Permit decision and filed with the Town Clerk within one week and posted at Town Hall and on the PBPRC website for 10 days. Site visits will be held at a mutually convenient time. Applicant and Building Inspector should receive copies of the decision when filed with the Clerk. The applicant is free to proceed with the work after the decision is filed and all other required permits are obtained and should file the permit at the registry with the deed. 6. The PBPRC may delegate the powers and duties to make other non-Special Permit decisions and determinations (e.g. post completion conformance reviews, approval of signs) but should specify if or when these need to be done with a parties of interest notification or not. 7. The acting Zoning Administrator does not have to approve every project which comes before him/her for which powers have been delegated. They should not act on any project they are not extremely sure they know how the bylaws would be applied by the PBPRC. Instead they should pass those projects on to the PBPRC for review. D. Appeals from decisions and or failure to act. Any person aggrieved by a decision of the zoning administrator, whether or not previously a party to the proceeding, or any municipal office or board, may appeal to the PBPRC, within twenty days after the decision of the zoning administrator has been filed with town clerk and simultaneously posted at Town Hall and on the PBPRC website. Any application filed with the Zoning Administrator that is not decided within thirty-five days from the date of filing shall be deemed denied but may be appealed within 20 days to PBPRC. WARRANT ARTICLE 2: To see if the Town will vote to: Make the following changes to the Zoning Bylaw to reduce number of items requiring review: 1. Make roof mounted solar panels as of right and simplify approval of other solar and electric generators by incorporating Section 2.9 into the Aquinnah DCPC by adding an exact copy as 13.7-2 Electrical Generators, and then amending both Sections to read (both section numbers are shown here but only the correct on will show in their respective sections when published): SECTION 2.9 and 13.7-2 ELECTRICAL GENERATORS 2.9-1 and 13.7-2 All devices that generate electricity, whether by wind, solar, water, fossil or bio fuel or other means that are to be permanently installed on land, in water or on the exterior of a structure are treated as structures or exterior elements for the purposes of this bylaw and must meet its setback, siting and design requirements so the visibility and impact on neighbors of electrical generators is minimized. They must be approved by the Planning Board Plan Review Committee as follows: A. Roof mounted solar panels are allowed as of right as long as they are: 1. Mounted flat on the roof, not raised above it, 2. Do not extend beyond or appear from the ground to break the ridge line of the roof, and 3. Black and don’t have sides or dividers that, if visible, are white or light colored. Roof mounted solar panels that don’t meet these requirements are allowed by Zoning Determination. B. Large-scale ground-mounted solar photovoltaic installations are allowed as of right but must meet the requirements of Article 16. C. All other ground mounted solar arrays may be approved by a Zoning Determination if parties of interest are notified and the procedures outlined in Section 13.14-2C4 are followed. D. Fossil or Bio fuel powered generators installed to serve no more than a single residence and its accessory structures may be approved by a Zoning Determination if parties of interest are notified and the procedures outlined in Section 13.14-2C4 are followed. E. Other than the above, there shall be no permanent electrical generators in the Aquinnah DCPC except by Special permit from the Planning Board Plan Review Committee. 2.9-2 and 13.7-3 Portable generators may be used during construction, power outages and for temporary emergency use as of right. 2. Extend the amount of time before a Special permit expires from 1 year to 2 (the legal maximum) by deleting Section 6.4-2 and amending the second sentence of Section 6.4-1 to read: A Special Permit granted under this By-Law shall lapse two years from the granting thereof, excluding the time required to pursue or await the determination of an appeal under General Laws Chapter 40A, Section 17, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if the construction has not begun by such date except for good cause. WARRANT ARTICLE 3: To see if the Town will vote to: Clarify the meaning of “open/highly visible”: 1) In Section 13.4-1 B, where first used, and throughout the entire Aquinnah Zoning Bylaw, replace the phrase “open/highly visible” with the phrase “open and/or highly visible.” 2) Add the following definition to Section 7.1: HIGHLY VISIBLE AREA: An area of land characterized by large shrubs, trees or other vegetation, where a structure would be completely or partially visible from lands and waters open to the public, and be recognizable as a manmade structure and potentially disrupt, or distract and/or detract from, the beauty of the natural landscape, unless mitigated by controlling the siting, mass, height, amount of glazing, colors and materials of the structure or by screening it with vegetation to make it blend into, or otherwise eliminate or minimize its visual prominence in the natural view. WARRANT ARTICLE 4: To see if the Town will vote to: Allow easier design and construction and increase the energy efficiency of new of homes, by increasing the as of right maximum height for houses that won’t be visible to the public from 24’ to 28’ and change Sections 13.4-3A2a and 3.6-1B1 to read: Twenty-eight (28) feet or two (2) stories, whichever is less, for a gable or hip roof. WARRANT ARTICLE 5: To see if the Town will vote to: Make the following changes to the Moshup Trail DCPC to update it to allow new building materials and construction techniques: 1) Replace Section 11.3-1B with the following to allow other building materials and construction techniques: B. Buildings shall be constructed of natural wood shingles with neutral trim color (refer to ARTICLE VII, Definitions). Structures that are visible to the public may, by Special Permit from the Planning Board Plan Review Committee (PBPRC), use other materials if they have essentially the same impact as natural wood shingles on minimizing the visual prominence of the structure. Structures and portions of structures that are never visible to the public at all may, by Special Permit from the PBPRC, use other materials that are less effective at minimizing the visual prominence of the structure. Structures that are never visible to the public at all may, by Special Permit from the PBPRC, use other construction techniques (e.g. Yurts) if they are permanent, and meet any and all other requirements of these bylaws, the Building Inspector and the Board of Health. 2) Replace Section 11.3-1C with the following to allow other roofing materials and construction techniques: B. Roofing materials shall be dark asphalt or cedar shingles with neutral trim color (refer to ARTICLE VII, Definitions). Structures that are visible to the public may, by Special Permit from the Planning Board Plan Review Committee (PBPRC), use other roofing materials if they have essentially the same impact as natural wood shingles on minimizing the visual prominence of the structure (e.g. dark metal, rubber, or green living roof on flat roofs). Structures and portions of structures that are never visible to the public at all may, by Special Permit from the PBPRC, use other roofing materials that are less effective at minimizing the visual prominence of the structure. 3) Replace Section 11.3-1E with the following to allow other construction materials and techniques: C. Accessory structures and additions to pre-existing structures shall conform in materials, scale and proportion to the principal structure, except nonconforming materials and construction techniques may be used, by Special Permit from the Planning Board Plan Review Committee (PBPRC), if they meet the requirements for new construction (Items B. through D. above). In cases where pre-existing structures are not compatible with the requirements for new construction, accessory structures shall conform to the requirements for new construction (Items B. through D. above). WARRANT ARTICLE 6: To see if the Town will vote to: Allow potential Marine Commercial development at West basin to match the look of Menemsha, by excluding an area around the current docks from the Coastal District by adding the following language to Section 10.1-2 (underlined language is the addition): …..excluding there from the common Lands described in "Zoning By-Law Map, Town of Gay Head, Massachusetts, December 9, 1976, prepared by the Martha's Vineyard Commission;" the land in Menemsha bounded on the south by North Road and bounded on the East by Basin Road; and the land in West Basin bounded by a line starting at point 41.351863North, -70.767306 West (just West of the tip of the North point of the opening to the channel), running to the nearest point on the mean high water line and then running 300’ WNW along the mean high water line, and then running due North to the Northern edge of the right of way of West basin Road, and then running E and SE along the Northern edge of the right way until it ends and then back to the starting point. WARRANT ARTICLE 7: To see if the Town will vote to: Renumber Section 13-14-2 Site Review, to 13.14-3 and to compensate for bad cutting and pasting, rearrange its segments so it correctly reads as originally approved which was: Site Reviews shall be conducted by the Planning Board Plan Review Committee. The Planning Board Plan Review Committee will receive applications for Special Permits within the Town and its DCPC’s. The committee shall review the applications and may make site visits to determine if the application conforms to the District regulations and to suggest guidance for development. Special Permits will be granted only for proposals determined by the Planning Board Plan Review Committee to be consistent with the purposes of the By-Law as stated in Article I and taking into consideration the special characteristics of the District. WARRANT ARTICLE 8: To see if the Town will vote to: Make the following changes to the Zoning Bylaw to create an area (the landfill) where ground mounted solar panels can be constructed as of right so the town can qualify as a Green Community: 1. Add the following new Article XVI: ARTICLE XVI: LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATIONS SECTION 16.1 PURPOSE The purpose of this bylaw is to promote the creation of new large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification, and removal of such installations that address public safety, minimize impacts on scenic, natural, and historic resources, and provide adequate financial assurance for the eventual decommissioning of such installations. SECTION 16.2 APPLICABILITY This Article applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section. This Article also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment. SECTION 16.3 DESIGNATED AREA The area within which large-scale ground-mounted solar photovoltaic installations may be sited as-of-right is designated as follows: Town of Aquinnah, Map 8, Lot 31. SECTION 16.4 GENERAL REQUIREMENTS FOR ALL LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATIONS The following requirements are common to all large-scale ground-mounted solar photovoltaic installations to be sited in the Designated Area: 16.4-1 Compliance with Laws, Ordinances, and Regulations The construction and operation of all large-scale ground-mounted solar photovoltaic installations shall be consistent with all applicable local, state, and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the State Building Code. 16.4-2 Building Permit and Building Inspection No large-scale ground-mounted solar photovoltaic installation shall be constructed, installed, or modified as provided in this section without first obtaining a building permit. 16.4-3 Fees The application for a building permit for a large-scale ground-mounted solar photovoltaic installation must be accompanied by the fee required for a building permit. 16.4-4 Site Plan Review Large-scale ground-mounted solar photovoltaic installations shall undergo Site Plan Review by the Planning Board Plan Review Committee prior to construction, installation, or modification as provided herein. 16.4-5 Required Documents All plans and maps shall be prepared, stamped, and signed by a professional engineer licensed to practice in Massachusetts. Pursuant to the Site Plan Review process, the project proponent shall provide the following documents: A. A Site Plan showing: 1. Property lines and physical features, including roads, for the project site;


2. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and vegetative or other screening of structures; 3. Blueprints or drawings of the solar photovoltaic installation signed by a professional engineer licensed to practice in Massachusetts showing the proposed layout of the system and any potential shading from nearby structures; 4. One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices; 5. Documentation of the major system components to be used, including the PV panels, mounting system, and inverter; 6. Name, address, and contact information for proposed system installer; 7. Name, address, phone number, and signature of the project proponent, as well as all co-proponents or property owners, if any; and 8. Name, contact information, and signature of any agents representing the project proponent. B. Documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation. C. A plan for the operation and maintenance of the large-scale ground-mounted solar photovoltaic installation, which shall include measures for maintaining safe access to the installation, storm water controls, and general procedures for operational maintenance of the installation. D. Zoning district designation for the parcel(s) of land comprising the project site (submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose). E. Proof of liability insurance. F. A public outreach plan, including a project development timeline, which indicates how the project proponent will meet the required site plan review notification procedures and otherwise inform abutters and the community. The Planning Board Plan Review Committee may waive documentary requirements as it deems appropriate. 16.4-6 Utility Notification and Approval No large-scale ground-mounted solar photovoltaic installation shall be constructed until evidence has been given to the Planning Board Plan Review Committee that the utility company that operates the electrical grid where the installation is to be located has been informed of and approves of the solar photovoltaic installation owner or operator’s intent to install an interconnected customer-owned generator. 16.4-7 Expedited Permitting As-of-right large-scale ground-mounted solar photovoltaic installations shall be subject to an expedited permitting process. All relevant Town approvals shall be issued within one year of submission of a completed application. 16.4-8 Dimensional and Density Requirements A. Setbacks. A large-scale ground-mounted solar photovoltaic installation, including all equipment comprising the system, shall be set back a minimum of 50 feet from each boundary line of the lot on which the installation is located. B. Appurtenant Structures. All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking, and building coverage requirements. All such appurtenant structures, including but not limited to equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation or other means and/or joined or clustered to avoid adverse visual impacts. 16.4-9 Design Standards A. Lighting. Lighting of large-scale ground-mounted solar photovoltaic installations shall be consistent with local, state, and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be shielded from abutting properties. Lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution. B. Signage. Signs on large-scale ground-mounted solar photovoltaic installations shall comply with Section 2.8 (sign regulations). A sign consistent with the Town’s sign bylaw shall be required to identify the owner and provide a 24-hour emergency contact phone number. C. Prevention of Access. All large-scale ground-mounted solar photovoltaic installations shall be constructed to prevent unauthorized access. D. Utility Connections. Reasonable efforts, as determined by the Planning Board Plan Review Committee, shall be made to place all utility connections from the large-scale ground-mounted solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider. 16.4-10 Safety and Environmental Standards A. Emergency Services. The owner or operator of the large-scale ground-mounted solar photovoltaic installation shall provide a copy of the project summary, electrical schematic, and site plan to the Town’s Fire Chief. The owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation. B. Land Clearing, Soil Erosion, and Habitat Impacts. Clearing of natural vegetation shall be limited to what is absolutely necessary for the construction, operation, and maintenance of the large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws. 16.4-11 Monitoring and Maintenance A. Installation Conditions. The large-scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Fire Chief and other emergency services providers. The owner or operator shall be responsible for the cost of maintaining the large-scale ground-mounted solar photovoltaic installation and any access road(s), unless accepted as a public way. B. Modifications. All material modifications to a large-scale ground-mounted solar photovoltaic installation made after issuance of the required building permit shall require approval by the Planning Board Plan Review Committee. 16.4-12 Abandonment or Decommissioning A. Removal Requirements. Any large-scale ground-mounted solar photovoltaic installation that has reached the end of its useful life or has been abandoned consistent with Section 16.4-13 below shall be removed. The owner shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Planning Board Plan Review Committee by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of: 1. Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers, and transmission lines from the site; 2. Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; and 3. Stabilization or re-vegetation of the site as necessary to minimize erosion. The Planning Board Plan Review Committee may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation. B. Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the large-scale ground-mounted solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board Plan Review Committee. If the owner of the installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of discontinued operations, the Town may enter the property and physically remove the installation and otherwise complete the decommissioning. C. Financial Surety. The owner of the large-scale ground-mounted solar photovoltaic installation shall provide a form of surety, through escrow account, bond, or otherwise, to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Planning Board Plan Review Committee, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth in this Section, as determined by the project proponent. Such surety will not be required for Town- or State-owned facilities. At the time the building permit is submitted the project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a professional engineer licensed to practice in Massachusetts. The amount shall include a mechanism for calculating increased removal costs due to inflation and potential regulatory changes. 2.) Add the following definitions to Section 7.1: AS-OF-RIGHT-SITING: As-of-right Siting shall mean that development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development may be subject to Site Plan Review to determine conformance with the Zoning Bylaw. Projects cannot be prohibited, but can be reasonably regulated by the Planning Board Plan Review Committee.

LARGE-SCALE GROUND-MOUNTED PHOTOVOLTAIC INSTALLATION: A solar photovoltaic system that is structurally mounted on the ground and is not roof- mounted, and has a minimum nameplate capacity of 250 kW DC (where the nameplate capacity is the maximum rated output of electric power production of the photovoltaic system in direct current). 3.) Add the following new Section 2.4-6: 2.4-6 Designated Area for Large-Scale Ground-Mounted Solar Photovoltaic Installations Within the Designated Area designated in Section 16.3, large-scale ground-mounted solar photovoltaic installations may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval, subject to site plan review to determine conformance with local ordinances and this Zoning Bylaw. 4.) Amend the coverage area of the Aquinnah DCPC by changing Section 13.2-1 to read: SECTION 13.2 BOUNDARY DESCRIPTION 13.2-1 All lands and waters within the corporate bounds of the Town of Aquinnah, except: A. The Indian Common Lands1 (generally known as the Cranberry Bogs, the Clay Cliffs and Herring Creek) and Settlement Lands.2 B. The Designated Area for Large-Scale Ground-Mounted Solar Photovoltaic Installations in Section 16.3. feb22,1-t