Crafting a solar bylaw that pleases everyone in Carver may seem like an impossible task. The Solar Bylaw Committee is hoping that by combining input from the public and information from experts, it can come to a better understanding of the needs of the community as a whole.
The committee held its fist solar panel discussion Wenesday, May 23, and invited experts in many facets of renewable energy, including a land-use attorney, representatives from the state Department of Energy Resources and developers to speak and answer residents’ questions.
“Tonight is the first step in designing a bylaw for this community,” Solar Bylaw Committee Chairman will Sinclair said as he opened the forum. “we need input from you. we really need your help.”
“we are here to get the view of the people to craft a bylaw,” resident Andy Cardarelli said. “these are pitting people against each other.”
Though the forum often strayed off topic, the panel answered questions from residents regarding creating a bylaw, what other communities have done, and what is a resonable regulation in the eyes of the state.
Attorney John Goldrosen of Kopelman and Paige, the town’s legal counsel, said there are no cases debating the statute on solar in the state right now. currently Massachusetts allows solar by-right, meaning each individual municipality would have to create its own regulation if they wish, although a city or town cannot “unreasonably regulate” renewable energy projects.
“Our view is when it says you can’t prohibit it, that doesn’t mean you can’t pass a zoning bylaw that limits it to certain areas,” he said. “It does mean if you have no mention of this particular use in the zoning bylaw at all, then the argment can be made that it could go anywhere.”
several residents spoke out and questioned whether solar is an industrial usage of land. DOER representative Kurt Gaertner said solar is not defined as industrial in the state code and that each individual municipality must make that distinction itself. he added that towns all over the state have been having to make decisions on how they want to approach solar in the last two to three years as developers look for space for new projects.
“we do encourage municipalities such as Carver to get some regulations in place,” he said. “we do think you need to have something, because having nothing means there is all kinds of uncertanity around what conditions apply and don’t apply.”
Crafting a solar bylaw that pleases everyone in Carver may seem like an impossible task. The Solar Bylaw Committee is hoping that by combining input from the public and information from experts, it can come to a better understanding of the needs of the community as a whole.
The committee held its fist solar panel discussion Wenesday, May 23, and invited experts in many facets of renewable energy, including a land-use attorney, representatives from the state Department of Energy Resources and developers to speak and answer residents’ questions.
“Tonight is the first step in designing a bylaw for this community,” Solar Bylaw Committee Chairman will Sinclair said as he opened the forum. “we need input from you. we really need your help.”
“we are here to get the view of the people to craft a bylaw,” resident Andy Cardarelli said. “these are pitting people against each other.”
Though the forum often strayed off topic, the panel answered questions from residents regarding creating a bylaw, what other communities have done, and what is a resonable regulation in the eyes of the state.
Attorney John Goldrosen of Kopelman and Paige, the town’s legal counsel, said there are no cases debating the statute on solar in the state right now. currently Massachusetts allows solar by-right, meaning each individual municipality would have to create its own regulation if they wish, although a city or town cannot “unreasonably regulate” renewable energy projects.
“Our view is when it says you can’t prohibit it, that doesn’t mean you can’t pass a zoning bylaw that limits it to certain areas,” he said. “It does mean if you have no mention of this particular use in the zoning bylaw at all, then the argment can be made that it could go anywhere.”
several residents spoke out and questioned whether solar is an industrial usage of land. DOER representative Kurt Gaertner said solar is not defined as industrial in the state code and that each individual municipality must make that distinction itself. he added that towns all over the state have been having to make decisions on how they want to approach solar in the last two to three years as developers look for space for new projects.
“we do encourage municipalities such as Carver to get some regulations in place,” he said. “we do think you need to have something, because having nothing means there is all kinds of uncertanity around what conditions apply and don’t apply.”
Frank MacMahon, of Southern Sky Renewables, the developer working with the town on the Ravenbrook landfill project, said the developers the town would want to work should be respectful of the town’s decision on solar regulation. he said that it is the town’s responsibility to create those regulations for developers to follow.
“Developers who are responsible are not going to be afraid of regulation as long as that regulation is reasonable based on good, proven standards,” he said. “we are not interested in getting in fights with neighbors. we are interested in developing good, sound and sustainable renewable energy projects.”
The big discussion continued to be whether solar projects should be allowed on land designated for residential and/or agricultural use. The panel agreed the decision is up to the town, and many residents spoke out both in favor and against allowing solar in residential and agricultural areas.
Cranberry grower Mark Weston said solar should not be entirely banned from agricultural land, as many farmers could use it as an opportunity to keep their farms running and not have to sell off their land to housing developments.
“The only way you can hold on to your farm is to use it for alternative things,” he said. “if solar was an option, I would like that option. if the price of berries drops, you are going to have a lot of houses in this town.”
Cardarelli said the he, along with many other residents, moved to Carver because of the rural characteristics of the town. by allowing renewable energy projects in land designated for agriculture, he said that would be ruining the character of the town.
“these do not promote rural character,” he said. “these promote as much rural character as a bunch of junk cars.”
Discussion also included what kind and size of buffer should be included in the bylaw. Both MacMahon and Goldrosen agreed that some flexibility in buffer regulations would be beneficial, as projects differ depending on the area in which they are being developed.
“try to focus on what the problem is and how to solve the problem instead of being too locked in,” Goldrosen advised.
what all the experts could agree on is that Carver is delving into solar zoning in a much more meaningful way than communities before it.
“this is a messy process; this is new,” Mike Lehan, of Berkshire Management, said. “It’s not, ‘I don’t know’; it is more like you’re at the bleeding edge, not the leading edge. You are ahead of everybody else.”
Goldrosen said he has gone over the bylaws of several towns in Massachusetts and that they all differ depending on the location. he did say that, for the most part, towns stuck with the general bylaw crafted by the state, making slight alterations to suit their needs.
“You are probably giving this a whole lot more thought than other communities have, and that is a credit to you,” he said. “I encourage you to think about what the purpose is, what the problem is you are trying to solve.”
Sinclair said the Solar Bylaw Committee would take what it learned at the forum and continue work on crafting a bylaw. he said the committee would hold another forum in the future before presenting the town a completed bylaw at Town Meeting in the fall.