Town Council Denies Developer’s Commercial Solar Ordinance

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At their March 9 meeting, the Charlestown Town Council voted unanimously to deny  Freepoint Solar LLC’s  zoning text amendment that would have allowed large scale commercial solar installations in the northern part of Charlestown.

Members of the developer’s team made a presentation that included a map showing which properties could be developed with commercial solar under their ordinance. They also asserted that their ordinance was in compliance with both the town’s existing and draft comprehensive plans.

Jane Weidman (Town Planner), Ruth Platner (Chair of the Charlestown Planning Commission), and Frances Topping (Vice Chair of the Charlestown Planning Commission) presented the Planning Commission’s advisory to deny the text amendment. They explained that changes to the Zoning Ordinance must be in compliance with the town’s Comprehensive Plan, with the purposes of zoning and with other sections of the Zoning Ordinance. The Town’s current plan does not contemplate commercial energy production, but it does have many policies dealing with protection of forest and farmland, the distinction of zoning districts, and maintaining different densities of development and these are not addressed in the zoning text amendment. The draft Comprehensive Plan does address commercial solar, but that plan is still in draft form and has not yet gone through a public hearing process. However the commission advised that even if that Comprehensive Plan were approved as written, this ordinance would still not comply because it allows greater environmental and land clearing impacts than development under the current zoning allows.

In their presentation, the developer’s team stated that placing the solar development in the most northern portion of town would keep this type of development away from scenic areas. Planning Commission member Ruth Platner explained that northern Charlestown is incredibly scenic, with the federally designated Wild and Scenic Pawcatuck River entirely within the developer’s solar zone. She explained that the same area has important wildlife and wildlife corridors, high value/high vulnerability habitats, state-designated Natural Heritage Areas, and large unfragmented forest blocks.

The developers stated that they left the percentage of land clearing for solar up to the Town Council. Ms. Platner explained that the Planning Commission in their draft energy chapter (which hasn’t even yet had a full public review) has tied the amount of land disturbance for solar to the underlying zoning. If the Zoning Ordinance and Subdivision Regulations would allow 6 acres of disturbance on a particular parcel for a residential subdivision, that would be the amount of land that might be open to solar development. Each parcel is different based on the land constraints, shape of the parcel,  and how it is zoned. A one-size-fits-all percentage would allow much greater land disturbance than we currently see in Charlestown.

Planning Commission member Frances Topping listed some of the efforts the town has made to encourage alternative energy, such as the Solarize Charlestown program, and energy efficiency in town buildings and vehicles. She understands that developers are making attractive offers to land owners, that the developers are anxious to see an ordinance passed, but the Planning Commission and Town Council need to look at the interest of the entire town and as a town we have not yet determined the role of commercial solar. Other towns have made mistakes and are experiencing solar sprawl and are now changing course and putting moratoriums on solar. Charlestown needs to get this right and whatever we do needs to be supported by the public.

Members of the public spoke, bringing up topics such as the scenic character of northern Charlestown, and the value of land and how solar is consuming land in surrounding towns at an alarming rate. Mentioned were appropriate places for solar such as commercial parking lots and gravel banks and that “protecting the town’s rural nature is critical.”

Town Council member Bonnie Van Slyke said she found the advisory of the Planning Commission to be credible, and in fact much more credible than the case made by the applicant.

Town Councilor Julie Carroccia said she could not support the ordinance if it would allow more intense development than what is currently allowed by town regulation. She feels strongly that zoning ordinances should come from the Planning Commission, who are elected by and represent the public, and that the ordinance be written after the Comprehensive Plan has been adopted.

Town Councilor David Wilkinson supported Councilor Carroccia’s statement and also preferred to have the Planning Commission draft the ordinance, rather than an outside entity.

Bonnie Van Slyke then introduced a letter from the Wood-Pawcatuck Wild and Scenic Rivers Stewardship Council in opposition to the zoning ordinance text amendment, which Councilor Deborah Carney then read. The Stewardship Council’s mission is to preserve, protect and enhance the special environmental, cultural, and recreational values of the Wood-Pawcatuck Watershed and its Wild and Scenic Rivers and tributaries. In their plan they address solar as follows: “carefully site new alternative energy installations – limit large installations to already impacted areas in the towns. Encourage updated best management practices when located in a river buffer. Develop new town ordinances to properly site installations so that they protect watersheds and forests areas.”  The Stewardship Council felt the proposed ordinance would need significant changes to achieve that.

Bonnie Van Slyke then made a motion to deny the developer’s ordinance based on the Planning Commission’s advisory and the letter from the Wood-Pawcatuck Wild and Scenic Rivers Stewardship Council, and she then reviewed the reasons stated by the Planning Commission in their advisory and public comments. The Town Council then voted unanimously to deny the application.

Banner image is from the zoning text amendment showing area in Charlestown proposed for large scale commercial solar.