A group of people concerned that a proposed solar energy project may be located on Native American burial grounds review a special permit issued by the planning board during a meeting Monday at Shutesbury Town Hall.
A group of people concerned that a proposed solar energy project may be located on Native American burial grounds review a special permit issued by the planning board during a meeting Monday at Shutesbury Town Hall. Credit: For The Recorder/Jerrey Roberts

SHUTESBURY — At the conclusion of a heated meeting Monday night, the Planning Board and representatives from Lake Street Development decided to extend the town’s deadline to grant a special permit that would allow the developer to build a 30-acre solar installation on what some say is a Native American burial ground.

The agreement to delay the decision until June 13 came at the end of a three-hour meeting with an attendance of about 30 where members of the community clashed with developers during debate over the latest special permit drafted by planning board member Jeff Lacy.

Lake Street Development, a Chicago-based company, is proposing to build a 6-megawatt installation on land near Pratt Corner Road. The project entails 20 acres of solar installation and a 10-acre clearing to allow sunlight to shine in.

After nearly a year of public hearings and deliberation that began July 27, the board is under pressure to make a decision on the permit.

Currently, the board is in a 90-day deliberation period set to end June 5. Because the board could not come to an agreement on a final draft, they proposed an extension to meet again June 7 to finalize the permit conditions and submit the final draft by June 13. If the board does not come to a decision by that date, the permit will be automatically granted.

The June 7 meeting will be public, according to planning board chair Deacon Bonnar.

Opponents to the project say the developer is proposing to build on Native American burial grounds.

Members of the nationally-recognized Mohawk tribe and others came dressed in Native American regalia to protest the project.

Miriam DeFant, an advocate for reforming the permit, brought examples of federal and state legislation to bolster her case. She suggested the planning board include conditions in the permit to prevent the developer from moving forward if the site is proven to be a ceremonial site.

The challenge, according to town attorney Donna McNicol, is drafting permit conditions that do not direct the developer directly back to the board, because they may be disregarded or overturned.

“This planning board does not have the authority to make a developer compliant on a statue not applicable,” said McNicol.

As it stands, the special permit draft requires the developer hire an archaeologist to assess the site and report back to the board. Residents suggested the board hire a Tribal Historical Preservation Officer to assess the site to determine if it is a burial ground or other sacred place.

Lake Street Development is being represented by attorney Michael Pill, a resident of Shutesbury since 1982. He accused those speaking against the solar installation of “smearing” his client’s project and playing a “dishonest, manipulative game” with the planning board.

“We’re getting smeared here,” he yelled.

Lake Street Development is beginning construction on a solar project in Deerfield, according to Managing Director Zachary Schulman.

After an outburst from a resident, a police officer was called to the town hall where the meeting was held. There was no intervention, but the police officer remained present for the duration of the meeting.