PORTSMOUTH — In a 4-3 vote, the Town Council Monday night approved a solar ordinance members had originally passed back in May, but which was reconsidered Nov. 23 in what amounted to a re-do of the original hearing.

The ordinance passed Monday, however, is identical to the set of rules guiding solar array developments — an amendment to the zoning ordinance — that the council approved on May 11. 

A new citizens group, Portsmouth Residents for Responsible Solar, made up of about 40 residents of the Hilltop Road area, had protested the May 11 hearing, saying it wasn’t properly advertised — many said they didn’t know about it until it was too late — and that the ordinance didn’t provide enough protections for homeowners.

The council was convinced to convene another public hearing on Nov. 23, during which residents said the ordinance strongly favored developers over abutters’ rights. They objected to the ordinance’s minimum setback requirement of 50 feet, with no density requirement, and said residents living next to larger solar arrays would see their property values go down significantly.

After about two hours of discussion, the public hearing was closed and the matter was continued to Monday for council discussion and action.

“The council has two choices: Vote to approve the ordinance as presented, or vote to deny the ordinance, which would start the process over again,” said Council President Kevin Aguiar.

Mr. Aguiar voted in favor of the solar ordinance as presented, as did council members Michael Buddemeyer, Keith Hamilton, and Andrew Kelly. Voting against the motion were Council Vice President Linda Ujifusa and council members Daniela Abbott and J. Mark Ryan.

Mr. Aguiar and Mr. Hamilton both said the ordinance as written has enough built-in protections for abutters; through the special-use permit process, they would be notified of solar array projects being proposed near their property and they’d have the right to testify before the Planning Board or Zoning Board of Review.

Mr. Hamilton said he also found claims that such developments lower property values “less than credible,” although he understood abutters’ concerns. 

“Obviously the major development going along West Main Road scares a lot of people that that’s going in their backyard,” Mr. Hamilton said, referring to the large solar array being built by the U.S. Navy just south of Melville School. The town had no oversight over that project.

Can be revisited

Several council members also noted that the solar ordinance could be “tweaked” down the road. “If we pass this, we have another opportunity … to come back and revisit this,” said Mr. Buddemeyer.

Other council members, however, said they had enough concerns about the ordinance to vote it down and re-start the process. 

Since the May 11 hearing, Ms. Abbott said she’s had a change of heart after seeing the Navy array as well as hearing from a representative from Grow SmartRI on Nov. 23. Scott Millar, the group’s director of community assistance and conservation, testified the solar ordinance needs more specific standards, especially when it comes to limits on size and lot coverage, and that the setbacks and screening requirements should be increased.

“Most of us agree there should be modifications, so I’d be hesitant to approve this now, knowing there should be changes to it,” Ms. Abbott said. “We should hit a pause button, take to heart a lot of feedback we got from our residents. It’s abundantly clear that Portsmouth residents … have concerns.”

Ms. Ujifusa agreed, saying “it’s worth a few-months’ wait” to send the ordinance back to the Planning Board for more recommendations before it’s kicked back up the council.

Upon a suggestion by Town Solicitor Kevin Gavin, the motion is retroactive to May 11, when the solar ordinance was originally approved at a public hearing. Mr. Gavin noted that since May 11, two petitions for smaller residential solar arrays have been heard. (One on Meadowlark Lane was approved, while another on Sea Meadow Drive was rejected.)

“Out of abundance of caution, we should make it retroactive to May 11 so there’s no gap,” the solicitor said.

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