NEWS

Solar developers responds to proposed solar ordinance

By ALEX MALM
Posted 12/16/21

On July 19 the Warwick City Council was one vote away from approving a City solar ordinance. 

But because the title of the ordinance wasn’t worded correctly on the legal notice the …

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NEWS

Solar developers responds to proposed solar ordinance

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On July 19 the Warwick City Council was one vote away from approving a City solar ordinance. 

But because the title of the ordinance wasn’t worded correctly on the legal notice the Council couldn’t vote on it that night. 

The council also faced concerns over solar developments in residential -zoned areas, prompting Mayor Frank Picozzi to request the council table the ordinance until he could bring on a new Planning Director following the departure of Principal Planner Lucas Murray.

Since new City Planner Tom Kravitz has come on board, a number of workshops have taken place to hear community members' input on the ordinance. 

But during the Dec. 8 Planning Board meeting Gregory Lucini, CEO of ISM Solar Development, LLC explained he had a problem with the direction of the proposed ordinance, particularly excluding solar development in residential areas. 

Lucini explained that he was one of the stakeholders in helping draft the original ordinance and thought the city got it right. 

“The ordinance allowed for ground mounted solar in residential areas with certain restrictions, subject to proper review and permitting,” said Lucini. “That ordinance, approved unanimously by the planning board, was the culmination of over two years of work, including stake holder meetings and informational presentations to the planning board.  The ordinance, recommended for passage by the planning department, included significant protections for the land and abutters that went far beyond what would be required for residential development.”

While Lucini and others crafted an ordinance his company had two solar development projects in the works, one at the Little Rhody Beagle Club on Cowesett Road, and the Kent County YMCA on Centerville Road. 

It was pointed out by Lucini that under the proposed ordinance those two projects wouldn’t be able to go forward. Picozzi on Tuesday said that developers could seek a variance by the Zoning Board.

“Tonight, the Planning board is being asked to vote on a new ordinance that is fundamentally different from what was unanimously approved less than one year ago,” said Lucini.  “This ordinance defines ‘Solar energy system, ground-mounted’ as “[a] solar energy system that has a support structure fixed or secured to the ground through the use of structural footings, ballasts, and is restricted to contaminated sites only.”

Like Lucini the leaders of the two organizations with projects in the works weren’t happy to hear the news. 

Tony Roderick, President of the Little Rhody Beagle Club  wrote in a letter to the Planning Board that allowing their property to be used for solar is crucial for the Club to stay open.

“I am writing this letter to tell you that if we are not allowed to build a solar array on our property, we will withdraw our offer to donate our land to the City for conservation,” the letter read. “We will sell the land at its highest value. If it were not for the payments already being made by ISM Solar, we would not have been able to operate. Therefore, if the City blocks solar, and ISM Is forced to discontinue its payments, we will immediately shift our focus to residential development of houses or an apartment complex including possible collaboration with the YMCA and owners of the vacant parcel north of us.”

Steven O’Donnell, CEO YMCA of Greater Providence wrote, “We have waited patiently for over three years and understand that the City is proposing an ordinance the prohibits the development of solar arrays in zoned residential areas within the City.”

“We are disappointed by this approach and request that the Planning Board carefully review this proposal and recommend to the City Council a solar ordinance that allows for the development of solar in residential areas subject to a major land development review process,” the letter went onto state. “We have taken many positive steps to protect the land and our neighbors to purse this project. We recently had a meeting with many neighbors who understood our rationale to pursue a solar energy project instead of using land to build some type of housing.”

Lucini explained that as part of the plans to develop solar at the YMCA and Beagle Club properties, the City would be able to put a conservation easement on the land. 

“If a portion of the land is utilized for solar; we have agreed to place a conservation restriction on the solar area so that the land can never be developed in the future all at no cost to the taxpayers of Warwick,” said O’Donnell. “We will also require the Solar developer to create a walking trail around the array so the rest of the property and the YMCA facility can be easily accessed by our neighbors.”

Lucini said that if houses or apartments were built then it wouldn’t be good for the efforts of protecting open space.

“If residential development happens it will never go back to open space, conservation, anything,” said Lucini.

 Roderick in his letter to the Board wrote, “we would donate our entire property to the City for land conservation and protection. Specifically, the City would receive the Solar area after the solar use is complete and the balance of the land when Club stops operations and closes.” 

Lucini asked the Planning Board to table the solar ordinance discussion to the next meeting in order to give abutters of the proposed projects, who he says is supportive a chance to speak in front of the Board.

“We respectfully request that this discussion be tabled until next month so that the supporters of Solar in Cowesett can explain to you why responsible solar development following the major land development process, with significant requirements to protect land and abutters, is an option that they do not want to have taken away from them by a City ordinance that does not consider all the facts and their rights as direct abutters and landowners,” said Lucini. 

The Board will take up the matter during its Jan.12 meeting. 

Once the Planning Board votes on a recommended solar ordinance it will be sent to the City Council where it will need two favorable votes in order to be enacted. 

solar, ordinance

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