Acushnet Planning Board Tackles Solar Project Permit Extension

The Acushnet Planning Board’s recent meeting was notably centered around the deliberation of a special permit extension for Distributed Solar Development LLC’s project on Mores Lane. The board grappled with the implications of potential legislative changes on the permit extensions and the developer’s request for more time due to delays attributed to Eversource and the Massachusetts Department of Public Utilities. Additionally, a unanimous vote was required for any extension, with the decision postponed until the board reconvened with full membership.

The meeting’s most pressing topic was the discussion surrounding the solar special permit tolling lapse dates for Distributed Solar Development LLC’s project. An attorney representing the developer presented a case for extending the permit, citing significant delays in the interconnection process as a result of studies by Eversource and proceedings at the Massachusetts Department of Public Utilities. The developer had made considerable investments, and the discussion underscored the impact of pending legislation that could influence permit extensions. The attorney’s presentation sparked a debate among the board members, who engaged in a examination of the details and timeline provided, as well as the ramifications of the state’s legislative actions.

The board’s deliberation was complex, involving a consideration of the automatic extension of permits under Massachusetts law, specific delays in the project’s interconnection, and the developer’s investments and construction timeline. The potential legislative changes were a point of debate, as the board members weighed the impacts of these changes on the permit extensions. Moreover, the discussion extended to letters that the developer, Distributed Solar Development LLC, had sent to the planning board earlier in the year, which were reviewed by the Town Council.

A representative of New Leaf Energy, which was also involved in the project, highlighted the progress made on the project and the timeline for completion, which was contingent on Eversource’s schedule. The possibility of an earlier interconnection date was mentioned. The board members expressed concerns about the Town Council’s lack of response and the definition of “good cause” for extending the permit. Past cases were cited as the board debated how to avoid litigation, stressing the importance of showing ongoing activity and progress at the project sites.

The discussion about “good cause” and the definition’s implications for potential litigation was a focal point, as the representative for the project emphasized the certainty provided by Eversource’s progress. Despite this, the board highlighted the absence of any permits pulled or activity at the project sites.

In another part of the meeting, the board grappled with the expiration dates of permits for the project. Members debated over the specific expiration dates, with differing views on whether the permit had lapsed in June or August. The board agreed to postpone the decision on the permit extension until the full board could reconvene, emphasizing the need for consistency in decision-making and further clarification from the Town Council. The importance of precedent and equitable treatment of similar cases was underscored. It was decided that the board would meet again on August 8th to deliberate on the permit extension, with a motion to extend the special permit for 60 days being seconded and approved.

Another discussion involved a trust that owns a former Girl Scout camp and its plans to develop a solar project on the property. The board considered the criteria for extending permits, focusing on the active pursuit of the project by the solar company and the impact of utility delays. The attorney highlighted the trust’s efforts to create a green project and their collaboration with the Buzzards Bay Coalition.

The meeting wrapped up with a brief mention of any new business or updates from the Town Planner. Subsequently, a motion was made to close the meeting.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Town Administrator:
James Kelley
Planning Board Officials:
Steven Boucher, Richard A. Ellis, Bryan Deschamps, David M. Davignon, Mark Francois, Paul Sullivan (Administrative Assistant)

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