Solar Bylaw Back to Drawing Board

            In early 2020, the Mattapoisett Planning Board began working on a solar bylaw that would put in place regulations on various sized solar arrays. From studying solar bylaws in other communities to attending conferences on the topic to working with legal teams, former Planning Board administrator Mary Crain and Planning Board member Janice Robins drafted several versions for the full board’s review and consideration. But there have been fits and starts.

            Crain stepped away from her position, and then there was the pandemic. This basically left Robbins pushing forward alone. With each edit, the full board would provide comments, but the task of writing the bylaw was primarily left with Robbins.

            On March 9, the Planning Board held a public discussion to give residents the opportunity to vet the latest draft document that had been made available on the town’s website for many weeks.

            Upon opening the discussion, it didn’t take long before Russell Chase questioned several parts of the text. “You shouldn’t be considering kilowatts, you should be considering space,” he stated.

            Administrator of Assessing Kathy Costello supported Chase’s comment. “He makes a good point that limiting the kilowatts doesn’t accomplish anything. It kinds of penalizes a landowner as panels get more efficient, and you can produce more in that same amount of space. I don’t think there’s a reason to limit kilowatts,” she said.

            Robbins said in response that state guidelines had been used to draft the bylaw. “The intent was to control commercial arrays, not residential.”

            Costello then expressed concern that the latest draft was too restrictive and could result in revenue losses in the future. Costello has been vocal in her opinion that P.I.L.O.T. programs (payments in lieu of property taxes) brings new income to the town. She was instrumental in securing a Home Rule Petition for Mattapoisett that grants the town the authority to negotiate P.I.L.O.T. programs with solar developers. The request was passed by the legislature in July 2020.

            Costello said, “We need to look at Mattapoisett as Mattapoisett and take a hard look at what we are planning, not killing possible revenue. Ninety-four percent of the town is residential, we need commercial development.”

            In follow-up correspondence with the Wanderer via email, Robbins stated, “The board has supported the idea that individual solar systems which service a residential property would not be subject to site plan review especially since they would be classified as small scale systems…I believe the current law on solar requires that towns permit solar installations subject to reasonable regulations.” She also noted there was more work to be done on the draft and welcomed public input.

             Costello commented that she was “shocked” no one from the Planning Board had included her in discussions on the matter. Robbins noted that public notices listed it as an agenda item for months and was “surprised” that Town Hall didn’t know this was being developed.

            In the end, it was determined that a public hearing on the solar bylaw previously planned for March 21 at 7:00 pm would go forward, providing another opportunity for the public to weigh in. It was also decided not to bring the bylaw to the May Spring Town Meeting.

            The next meeting of the Mattapoisett Planning Board is scheduled for March 21 at 7:00 pm.

Mattapoisett Planning Board

By Marilou Newell

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