Northfield Planning Board denies permit for BlueWave Solar

BlueWave Project Director Michael Zhe speaks to the Northfield Planning Board on Thursday evening at Town Hall. The board unanimously denied the company’s special permit application. STAFF PHOTO/CHRIS LARABEE
Published: 12-20-2024 3:41 PM |
NORTHFIELD — The Planning Board unanimously denied BlueWave Solar’s special permit application for a second proposed solar project on Pine Meadow Road, with members citing a litany of reasons why they believe the project does not fit on the parcel.
The decision came after nearly four and a half hours of discussion and deliberation at the fifth public hearing for the project, which proposed a 4,316-panel array within a fenced-in area on Pine Meadow Road, on which Northfield-based Finicky Farm would have also produced hay and organic vegetables. BlueWave — which previously gained approval in 2021 to construct a three-array, 26,000-panel, 10.9-megawatt project on the same road — has a contract in place to buy the land with residents Thomas and Patricia Shearer, who own the property through an investment trust.
Laying out their reasons for the denial, which will need to be finalized in a document and signed by Jan. 2, Planning Board members said the project poses a flooding hazard as it is in the Connecticut River’s floodplain, would decrease property values by ruining the view and does not align with the agricultural character of Pine Meadow Road because it would “stand out starkly in the rural setting,” among numerous other reasons.
“I don’t believe the benefits outweigh the hazards. … I’m even pro-solar, but this is not the place for it,” said member Tori Luksha, who, in a five-minute speech, cited numerous sections of the town’s bylaws, including section C-1 of special permit criteria, which asks board members to consider if “the use is in harmony with the general purpose and intent” of the bylaw.
“It’s not in harmony with the neighborhood and the area in our town. It’s a scenic byway, it is a scenic area,” Luksha continued, noting that people from around the region use the area for cycling and that it would be an “impossibility” for BlueWave to grant a view of the Connecticut River and still maintain an “appropriate installation.” “That’s why I think it would be unfair to try to condition this because I think that would be an impossibility and that those conditions in and of themselves would be seen as outrageous because it’s not something that can be conditioned.”
She added that she doesn’t believe town bylaws were “intended to review the installation of projects of this level” and that it’s “challenging to consider something that is so dramatically different.”
Town Counsel Jeffrey Blake noted the board may face an uphill court battle with its denial if it is appealed, as Massachusetts General Law, Chapter 40A, Section 3 lays out strict zoning requirements preventing the prohibition or unreasonable regulation of solar energy systems — as well as educational or religious institutions — “except where necessary to protect the public health, safety or welfare.”
“Courts, and certainly the lower courts, are not favorable toward denials. … It’s your prerogative,” he said. “Denials in the context of solar are tough, and unfortunately we don’t have a lot of appellate-level cases out there that are able to guide us.”
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In a parallel lane, the town was just burned by Chapter 40A, Section 3, in November, as the Attorney General’s Office rejected the majority of language in two bylaws imposing a moratorium on solar projects approved at the spring Annual Town Meeting. Using the law, the AG’s office cited a lack of “articulated public health, safety or welfare justification to justify the prohibitions” in its rejection.
Other Planning Board members, such as Joe Graveline, cited concerns about the floodplain and how a project like this could contaminate the ground or cause damage to the neighborhood with debris in the event of flooding.
“The Connecticut River floodplain, in general, is due for a major event and it’s going to happen, and it’s going to happen big. There’s nothing in the design of this plan that enhances the safety of that community,” Graveline said. “Harmony? This is dissonance to me. … The hazards for me are health, safety, welfare and well-being.”
BlueWave representatives declined to comment Thursday night on the company’s next steps in regard to the Planning Board’s decision. The company’s notice of intent before the Conservation Commission was also rejected, although Project Director Michael Zhe said during the meeting that they “anticipate appealing” that decision to the Massachusetts Department of Environmental Protection.
Prior to the deliberation and ultimate denial of the special permit, BlueWave provided a few updates on topics brought up at the October hearing, including that the company would be reverting back to plans presented in September.
Zhe said Eversource declined plans to co-locate its equipment on BlueWave’s equipment pad and instead would be opting for up to four utility poles on Pine Meadow Road and on the access road to the equipment pad.
BlueWave also held two meetings with Fire Chief Floyd “Skip” Dunnell III, who requested the company provide electrical plans on how the array could be isolated in the event of an emergency.
Chris Larabee can be reached at clarabee@recorder.com.