The Planning Board at their March 29, 2021 meeting voted 6-1 in favor of three respective amendments to the solar special permit and stormwater management permit for the proposed 2.4-megawatt solar array off Wilson Street.

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• Watch the Video

The Conservation Commission at its meeting on Tuesday, March 9 voiced support for Grasshopper Energy to start clearing a limited number of trees as part of its plan to construct a 2.4 megawatt solar array off Wilson Street, but held off on approving larger pieces to the project until more information has been obtained.

• Read the news article.
• Watch the Video

After the Planning board initially reviewed the proposal, members said they were surprised that a new overlay district map wasn’t part of the proposal, and they pushed for the board to reconsider it. The Planning Board voted to hold spots for two commercial zoning articles on the Town Meeting warrant. One for the more aggressive screening rules proposed by ZAC and the other as a placeholder for the overlay district zoning with the understanding that it might be pulled out after further discussion. 

The Zoning Advisory Committee is continuing to work on strengthening the bylaw, by changing the percentage of the site area in residential and agricultural zones that can be cleared of trees, bringing it down from 40% to 20%, while leaving business and industrial zones at 70%.

The finished proposal will then be sent again to the Planning Board for further discussion.  The Planning Board hearing on this topic will be held on March 1st, 2021.

References: 

Feb 1, 2021 – Planning Board votes to hold Town Meeting spots for multiple proposed tree-cutting bylaw • Feb 18, 2021 – ZAC continues tree-cutting bylaw discussion, considers restricting site area alteration

After the initial meetings, the committee had begun further researching and working on both approaches to send to the Planning Board for consideration. The Planning Board would then have more than one plan to consider for the final town warrant.

However, during the ZAC meeting on January 11th, the debate took a different turn when the town counsel advised against a solar overlay district bylaw. The main issues were:

• The district bylaw would single out and target just solar and would not be broad enough for other types of development. The degree to which the land being cleared for solar is harmful to the environment but it could not be concluded that this same level of harm is not caused by any other type of commercial or residential development. 
• In a recent decision in 2019, based on a proceeding, the chief justice of the land court basically rejected the idea altogether that one can prohibit solar in some districts and allow it in others.
• Town Counsel said the overlay may not hold up in court and without any precedent, there is no way of definitively knowing.

Video Reference – Listen to the discussion against Solar Overlay

References: 

Dec 28, 2020 – ZAC solar zoning debate continues, with opinions split between overlay map or bylaw changes  • Jan 12, 2021 – Town counsel cautions ZAC on commercial solar restrictions; discussion to continue

• Though the Planning Board had voted to include the articles for Annual Town Meeting, they suggested that residents take no action. There were concerns due to Covid and a limited crowd size was required during the pandemic. 
• Residents who opposed the commercial solar arrays in residential areas hoped that the solar district map would help take immediate action to limit development.  
• Despite the recommendation for inaction, the citizens group Save the Forest pushed for a vote to support the article, in an attempt to take action sooner and prevent clearing of lots for future solar arrays.
• By a vote of 114-96, Town Meeting voted to take no action on Article 19, thereby encouraging more debate over public concerns and buying more time to rework the proposal.

References: 

Sept 12, 2020 – Town Meeting delays vote on Solar

Seaboard Solar’s project to develop 28 acres of land off 71 Frankland Rd, got approved by the planning board, after the company stated plans to put a conservation restriction in place for donating about 40 acres of undeveloped open space that includes trails and a small lake. However, the proposed overlay district does not cover this portion of land. So, if the zoning map were to be included in the town warrant to be voted on, it would invalidate the initial approval of Seaboard’s project.

As of date, Seaboard Solar has not yet put the conservation restriction in place. Recently, when the company applied for DCR Forest cutting permit, it left town officials and residents surprised as they had no prior knowledge of this or contact with the company since mid-December.  Permitting from DCR takes the town out of the approval process. Under the previous agreement with the town, about 48 acres of land was to be handed over to Hopkinton Area Land Trust (HALT) for preservation.

References: 

July 28, 2020 – Planning Board approves Frankland Road solar special permit • Jan 18, 2020 – Seaboard Solar surprises town by applying for DCR forest-cutting permit

As early as October 2017, neighbors had voiced opposition to the installation of a 11.4 acre solar array off 147 Lumber Street which abuts the Charlesview Neighborhood. Shortly thereafter in June 2018, neighbors had voiced opposition to the installation of a solar array on 34 acres of land off Wilson Street. Due to court orders after an appeal by the company TJA Clean Energy, the Planning Board reluctantly voted to approve the project in 2019, in order to avoid any costly legal expenses borne by the town. Later in 2019 a 14.2 acre solar array at Wood Street/Mechanic Street was approved by the Planning Board.

Concerns grew again in 2020, with Seaboard Solar’s plan to acquire Liberty Mutual’s entire 68-acre parcel for installation of the solar arrays on a portion of the land. The project plan included plans to clear 27 acres of rich forest and habitat, which was a major area of concern for town residents and committee officials.

References: 

October 17, 2017 – Hopkinton: Solar panels spark debate  •  March 6, 2019 – Court sends denied solar permit back to Planning Board • March 20, 2019 – Despite court order, solar permit still in limbo • April 3, 2019 –Solar farm off Wilson Street approved • March 11, 2020 – Residents concerned about solar farm plan