After being one vote away from passing a solar ordinance over the summer, the Warwick City Council will once again be voting on a proposed ordinance. 

During last week’s Planning Board meeting an advisory opinion was sent to the Council detailing the rules and regulations regarding solar development in the City. 

While many who testified in person and via Zoom last week were in favor of the ordinance as presented, not everyone feels the same. 

The reason why the final vote for the previously drafted ordinance in July didn’t get voted on is because the title of the ordinance wasn’t worded correctly on the legal notice and the Council couldn’t vote on it that night. 

That combined with the Council facing concerns over solar developments in residential -zoned areas, prompted 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 City Planner Tom Kravitz has come on board, a number of workshops have taken place to hear community members' input on the ordinance.

Greg Lucini, CEO of ISM Solar Development, LLC said when the original proposed solar ordinance was being drafted he along with other stakeholders were part of the drafting of the ordinance. 

Lucini felt the City got it right that time. 

“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 stakeholder 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.”

But since then there has been outcry from members of the public who have argued that solar shouldn’t be allowed in any residential areas. 

Language was added to the new solar ordinance, which bans solar in residential zones. 

But as Lucini pointed out while he and others crafted an ordinance originally 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.

Those projects wouldn’t be allowed to go forward if the solar ordinance is approved Lucini said. 

“Both the YMCA and Little Rhody Beagle club have formally notified the City they intend to develop their land for residential housing or apartments if they are not allowed to build solar on their properties, yet those opposed to solar in residential areas continue to compare solar vs trees,” said Lucini. “The correct comparison is responsible solar development with significant restrictions vs hundreds of new homes or apartments with new commuter and shopper connection streets between Cowesett and Centerville Road.  Either way, trees will be cut but the solar solution provides for much greater protection of the environment and the existing neighborhoods.”

Before the meeting Lucini and his company were allowed to propose their own solar ordinance. The Planning Board chose not to go with it.  Lucini said that some of the significant restrictions ISM proposed for solar development in residential zones include:

-The lot must be a minimum of 50 acres and have an existing commercial use.  Solar is not allowed on land zoned as open space.   

-At the end of the solar use, the project area must be rezoned open space or become subject to a conservation restriction that prohibits all future development.

-Minimum 200 foot setbacks from the nearest residential home. 

-Significant controls over noise which must be verified.

-Extensive landscape buffers that screen the array from residential homes backed by a bond to insure the vegetation remains for the life of the array.

-A reforestation plan which requires replacement of all healthy trees removed on a 1:1 basis within the City.

-No blasting.

-Creation of a pollinator meadow in and around the solar array. 

-Requirements to remove the solar array backed by bonds to fund it. 

-None of these restrictions are required for residential development.  

In addition, both the YMCA and Beagle Club have offered direct abutters to the solar area 100 feet of land so they can create their own buffers and do anything with the land they chose. 

Jane Austin, who has been vocal throughout the process, told the Planning Board she didn’t agree with the ISM Solar proposal.

“I strongly oppose the amendments to the proposed ordinance and to the comprehensive plan put forward by ISM Solar,” said Austin. “Use Table changes they propose would permit unfettered large scale solar development throughout the city. The rezoning of such areas as open space or the creation of conservation easements at the end of the useful life of the projects do not adequately compensate for the tradeoffs in terms of alternative economic activities and the loss of significant ecosystem services, including carbon capture for projects involving clear-cutting of forested land.”

Instead, she was in favor of the ordinance drafted by the Planning Department. Some of the things she favors are:

-Takes a balanced, strategic City-wide approach

-Provides ample opportunity for solar development

-Protects neighborhoods, open space, forested areas, and farmland

-Reflects citizen wishes for community character 

-Draws on experiences of other RI communities

-Is consistent with Statewide energy goals and siting recommendations

“It is the role of the Planning Board to look at the big picture.  The proposed solar ordinance does just that.  I urge you to approve it.”

The ordinance would require first and second passage. 

Lucini said he isn’t giving up just yet, knowing first hand that no vote is guaranteed. 

“I am confident the City Council will do a proper evaluation of the real situation, including the impact on all Warwick tax payers, prior to voting on a solar ordinance,” said Lucini. 

At the time of publication it wasn’t determined when the Council will vote on the ordinance.