Plans for a proposed solar farm on Ayers Hill were again placed on hold Tuesday night as city councilors seek more time to consult with city lawyers on what restrictions may be placed on the project under state law.
Haverhill City Councilors opted to continue a hearing for a permit for a proposed solar array on Lovers Lane by SPI Solar in order to consult with City Solicitor Jason R. Talerman on what restrictions the body may impose under the, so called, Dover Amendment, a state law which exempts educational, agricultural and solar uses among other from certain local zoning restrictions.
Talerman called the amendment “a formidable obstacle in some respects” to local permitting, citing recent cases where courts have sides with solar companies have won litigation against host communities. Councilor Ralph. Basiliere said he is concerned about opening the city up to “an expensive lawsuit.”
Councilor Michael McGonagle opposed restrictions, calling any “a bit heavy handed,” noting the project poses no public safety issues and is low-impact.
“But it’s his land, and he has a plan,” he said. “I don’t feel as part of this Council, I cannot sit here after going down and looking at why we would allow a special permit and checking off all of these boxing and saying no department head, highest and best use, the tax money, $2 million is a lot of money, it’s a lot to a city and town.”
He added, “How much do you think their taxes are over 20 years if we leave it alone? It’s better, in my opinion, to do this.”
The project is expected take down 2,470 trees on approximately 21 acres of the 126-acre property, with five acres have already been cleared in the past, according to Kevin P. Garneau, vice president of Northeastern Consulting Forestry Services. However, the developer’s lawyer, Robert D. Harb, said the project would include replanting 11,000 trees on the property.
He said, “We’re basically acting like a tree company.”
Other ideas, such as implementing a forest management plan on unaffected portions of the parcel as well as introducing bee colonies were also considered.
The city is expected to receive more than $2 million from payments from the project, as well as a $10,000 voluntary contribution from the applicant. The land was previously classified as forest land under state law, which has reduced taxes levied on the property.
Some residents expressed concerns over deforestation in the area, which could alter a view of Haverhill’s tallest hill.
“This is an incredible, beautiful area—one of the most scenic in Haverhill,” resident Christine Kwitchoff said. “People take views like this for granted. They don’t think about land ownership when they’re looking at this land, they appreciate this view and they believe it belongs to the people, to the community at large.”
She added, “what we don’t realize is unprotected, open space like Ayers Hill is ours to lose and it’s only after like a site like this is developed that they bemoan the outcome.”
Resident Tara Murphy Volz echoed Kwitchoff’s concerns, referencing permits issued in the 1980s that cleared land near Mercury Terrace. She said, “It looks like a bomb went off, and I have to look at that every day and its absolutely horrifying. It’s created a lot of noise, there’s light pollution that wasn’t there, people have lost their privacy”
Councilor John A. Michitson, seconded by Councilor Shaun P. Toohey motioned to continue the hearing to Jan. 14. Both were joined by Council President Thomas J. Sullivan, Vice President Timothy J. Jordan, members Colin F. LePage, Devan M. Ferreira, Melissa J. Lewandowski and McGonagle.
Councilors Catherine P. Rogers, Katrina Hobbs Everett and Basiliere cast the dissenting votes.