At last night's meeting, the developer attempted to threaten the community by saying that if they didn't allow the solar facility, Bullard Farm Association would sell the land to a developer and those were our choices. Those are false choices. This is the charter for the incorporation of Bullard Memorial Farm. They would violate their own charter if they sold any piece of the land which was to be held in perpetuity as a monument - both house and land - to Mr. Bullard. (Sorry if it is difficult to read but it is quite a historic document.)

Article from the Patch outlining the meeting last night.

http://holliston.patch.com/articles/holliston-residents-fight-against-bullard-solar-plant

One of the main points that several residents tried to bring up is the fact that the project does not belong in site plan review.  It has not been adequately determined if this facility is an "allowed" use in this zone.  If town council does not intervene and correct this mistake, the Planning Board will not have the power to deny this project, and would only be able to put restrictions and limitations on it - WHAT A TRAVESTY!  This is a zoning issue and should be debated in a public forum in regards to that. 

I believe the site plan review is premature, and the developer is averting what should be a careful and well-thought public process.

The site plan review appears to be required only when a project is clearly permitted within the zone in which it is being proposed (as opposed to a special permit hearing or a variance).   I do not believe that the applicant for the Bullard Farm solar power plant has adequately proven that the use intended is allowed within the Schedule of Use regulations found in Holliston’s zoning bylaws.

The applicant has cited Massachusetts General Law (MGL) 40A Section 3, and declared that they do not need to do more to prove that the project can be placed anywhere they would like within the town of Holliston.  This argument is invalid on its face.  The law states,

No zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health, safety or welfare.

Requiring the applicant to define an appropriate use in accordance with the town bylaws does not prohibit nor unreasonably regulate the facility and therefore, does not violate MGL 40A Section 3.  Further, if the board were to find that the project is not permitted within a residential zone according to the use table, this is also not a violation of the law as it is not an outright prohibition of the facility within the town, nor does it unreasonably regulate the facility. 

This law does not state, as the applicant would lead you to believe, that we must allow this facility anywhere in our town.  It is not an “unreasonable regulation” to require that industrial facilities operate in industrial areas only.  This is not, and should not be considered a prohibition of the facility; rather, it is an appropriate zoning activity. 

As evidence that this is the intended reading of MGL 40A Section 3, a quick search of bylaws of towns across the Commonwealth shows that many of those that have created specific by laws in regards to solar energy generating facilities have restricted these facilities to industrial and commercial areas (and often landfills using an overlay district).  These by laws have been approved by the Attorney General.  If it was the intent of this law to allow these facilities “as-of-right” in any zone, these by laws would not have passed through the Attorney General’s office.[i]

The Department of Energy Resources (DOER) is responsible for the Green Communities Act (MGL 25A, Section 10).  In consultation with the DOER, it is clear that a town should not have to accept large scale solar facilities in all zones or locations.  The DOER feels so strongly about this that they go so far as to state in documents, “it is not clear whether M.G.L. ch. 40A § 3 applies to the construction of large scale ground-mounted systems.”[ii]  In fact, the first criterion to become a green community is to designate locations where these facilities are as-of-right.  If indeed, MGL 40A Section 3 were meant to indicate that they were as-of-right everywhere, why would this even be necessary?  Further, the DOER along with the National Department of Energy (DOE) crafted a model zoning bylaw to help towns govern this type of project.  The DOE notes that even instances of as-of-right siting of such facilities the right only exists within designated locations as noted by local zoning by laws.  

An essential part of “as-of-right” siting is the establishment of designated locations. Once the location(s) is (are) designated within a local jurisdiction, a solar development may proceed without the need for any special permits. A standard building permit and compliance with local zoning bylaws would be required.[iii]

Absence of a specific bylaw that indicates where these facilities may be built as of right clearly does not mean they are as-of-right in all locations; therefore, existing provisions within current town zoning bylaws would be applicable.  While it does not appear to be within the power of town officials to deny solar energy facilities in all zones, as this would prohibit or unreasonably regulate a facility; towns do have the power to indicate which zones in which they feel solar power plants are appropriate. 

Therefore, it is my contention that using the Site Plan Review process for this application is premature.  The applicant must first prove that the proposed power plant is an appropriate use pursuant to the Town of Holliston Zoning by laws Section III Schedule of Use Regulations.  If the applicant is unable to do so, the Planning Board should require the applicant to withdraw the application, or file for a variance. 

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[i] Note: as-of-right, meaning the facility may proceed to site plan review without the need for special permit or variance.

[ii] Model As-of-Right Zoning Bylaw: Allowing Use of Large-Scale Ground-Mounted Solar Photovoltaic Installations

Prepared by: Department of Energy Resources Massachusetts Executive Office of Environmental Affairs. December 2010.

[iii] http://www.doe.gov/savings/model-right-zoning-ordinance-or-bylaw-allowing-use-large-scale-solar-energy-facilities.   January 2, 2012

News coverage of the project - Please note: these are not FARMS!

http://www.thebostonchannel.com/news/30066386/detail.html

Check out the following article about solar projects

http://www.miller-mccune.com/environment/are-new-solar-power-projects-anti-environmental-29888/

Check out the following article about solar projects

Check out the following article about solar projects

http://www.miller-mccune.com/environment/are-new-solar-power-projects-anti-environmental-29888/

Open Letter to Tree Warden and Planning Board

December 28, 2011

Mr. Jack Donovan

Planning Board, Chair

703 Washington Street

Holliston, MA 01746

Mr. Mark Ahronian

Tree Warden

703 Washington Street

Holliston, MA 01746

Re: Removal of Trees on Bullard Street

Dear Mr. Donovan and Mr. Ahronian,

I am a long-time resident of Holliston, and I am writing to express my concern and objection in regard to the pending decision to remove seven (7) trees tagged on Bullard Street.  I understand that the decision is being considered to enable an industrial solar facility and I respect the need for alternative energy.  However, I do not believe that the benefits of destroying these trees for the solar facility compare favorably to the benefits of keeping these historic trees, their beautiful canopy and the scenic nature of Bullard Street.

Section 9.3 of Holliston’s Scenic Road Regulations grants the Planning Board regulatory authority to preserve all of these trees, several well over 100 years old. These trees are irreplaceable and any decision that allows these trees to be removed and replaced by smaller trees irreparably harms the historical importance and scenic value of Bullard Street.

Further, I object to the removal of more than 35 trees on the eastern side of the stone wall along Bullard Street, not specifically in the public way.  As specified in Article IX (Scenic Road Regulations), Section 9.3, the Planning Board “…regulates work performed on all trees and stone walls on the right-of-way, as well as others that contribute significantly to the scenic qualities of the road.”  These, although not currently tagged most certainly contribute to the scenic qualities of the road and should also be preserved. 

Lastly, this objection is submitted in accordance with MGL Chapter 87, Section 4 which states,

Tree wardens shall not cut down or remove or grant a permit for the cutting down or removal of a public shade tree if, at or before a public hearing as provided in the preceding section, objection in writing is made by one or more persons, unless such cutting or removal or permit to cut or remove is approved by the selectmen or by the mayor.

There are more than 35 trees on the eastern side of the stone wall along Bullard Street that should be considered public shade trees.  These trees should be protected as their canopy is within the public way and they contribute significantly to the scenic qualities of the road.    

I ask the Tree Warden and the Planning Board to deny Syncarpha Solar, LLC and Renewable Energy Massachusetts, LLC’s application to remove these trees, and enforce further restrictions on the public shade trees currently not tagged.

Respectfully,

If you'd like your name here, let me know!

Planning Board Meeting Jan 5th 7pm Town Hall

HOLLISTON PLANNING BOARD
MEETING AGENDA
7:00P.M.
Thursday, January 5, 2012
Selectmen’s Meeting Room (Room 105), Town Hall

General Business
1. Approval of Minutes – December 15, 2011
2. Approval Not Required Subdivision(s)
3. Work Program – Articles for Annual Town Meeting
4. Administrative Site Plan Review – Solar Energy Facility, Bullard Memorial Farm

7:10 PM Continued Rules and Regulation Amendments Public Hearing
7:15 PM Continued Common Driveway Special Permit Public Hearing 2016 Washington St.
7:45 PM Scenic Road and Shade Tree Act Public Hearing Bullard Memorial Farm, Bullard Street