The Open Space Preservation Commission at its meeting Thursday night received an update from an Agilitas representative about the status of a parcel on Frankland Road that the solar development firm intends to donate to the town.

Matt Accardi, a project developer at Agilitas Energy, explored the property the day before this meeting, taking pictures and videos of the area and the condition of a dam there. Questions arose at the February meeting about the dam and whether an easement was open to pedestrian access.

At the February meeting, he said Agilitas completed construction of its solar photovoltaic array at 69 Frankland Road. In order to obtain a special permit for its development, Agilitas agreed to set aside a portion of the property for use as open space by a nonprofit town entity, and the ensuing discussion revolved around this land.

Chair Ed Harrow said he researched the property, which formerly was owned by insurance company Liberty Mutual. Accardi previously said a car insurance company had created a pond there, where it would perform auto crash testing.

Harrow noted the dam and told the commission that the state’s Department of Dam Safety “didn’t know anything about this.”

Accardi agreed, saying he reached out to two dam safety engineers to assess its condition since the February meeting for more details and learned that it is “unregulated.”

“Both confirmed that the dam is not regulated,” he said. “It’s not in the state register of dams.”

Accardi noted that it is an earthen embankment dam at 69 Frankland Road. It is approximately 250 feet in length and “looks to be in relatively good order.” The main structure has a sluice that feeds into an underground pipe. He observed “plenty of flow” through the spillway and the outfall downstream. He also described it as a “pretty passive water management system” with a flood gate to control water levels.

Signs that people have used the pond were evident, Accardi said, as trash and litter were captured in a rusty metal screen he described as “somewhat damaged.” Accardi said it would need to be replaced.

Accardi added that if modifications were performed on the dam, it could prompt government oversight.

“You’re going to start triggering the need to bring in the Army Corps [of Engineers] potentially for permitting and the state for their dam safety permitting,” he explained.

Consultants will recommend any repairs that need to be made to the dam, he added, as well as any permitting requirements. He hoped to get a report from them in the next couple of weeks, and it would include a long-term operational management plan. This report likely will be on the OSPC’s next meeting agenda.

Other questions that arose at the previous meeting were about the size of the buffer zone between the Agilitas land and the open space parcel. Accardi explained that commercial solar zoning bylaws require a 30-foot setback. In some places, the setback is as large as 60 feet to prevent shadowing over the solar panels. Another reason for the larger setback was the difficult, rocky terrain.

Member Steve Levandosky asked about the easement that bisects the Agilitas property. Accardi told him that this is not a pedestrian easement, as previously was thought. It is a utility easement for a gas line. Access through Cross Street is unadvisable, Accardi said, as the area is densely wooded.

On the south side of the pond, Accardi observed “some social trails.” Levandosky said he hoped that a trail could go via the northern side of the solar array and connect to the utility easement. He also asked for clarification as to whether pedestrian travel was explicitly prohibited on the utility easement.

Said Accardi: “I would say nothing physically prohibits it right now.”

Member Jane Moran noted that enforcement would not be likely, and right now, “They don’t seem to mind.”

Levandosky added that a small triangular parcel on the Ashland side of the site is being donated to that town. He thought it would be a good opportunity for a trail connection, if Ashland were amenable to the idea.

Commission discusses draft of historical signs

Members briefly discussed a proposal from Brian Colella, a member of the Historical Commission, for historical signs for the Hughes Farm and Colella trails. He submitted text that members agreed was quite lengthy for a plaque, especially if it included pictures. Harrow said having more than one sign would be “an obvious solution,” but it may be expensive.

Colella sought feedback on the text, which members will discuss at the April 3 meeting.

OSPC votes to forego Town Meeting article

The commission voted 3-0 to not have an OSPC article on the Annual Town Meeting warrant. While a placeholder article had been submitted, Harrow explained it was no longer needed, as there are no opportunities to purchase open space parcels at this time.