PORTSMOUTH — Residents eager to see changes to the town’s new solar ordinance will have to wait until next month before it hears the Planning Board’s recommendation to the Town Council.

After hearing from several residents, as well as an attorney representing a developer who is considering an application for two commercial solar arrays along West Main Road, the board voted unanimously Feb. 10 to take a month to digest changes to the ordinance that were proposed by GrowSmartRI. Town Planner Gary Crosby will make specific proposals for any language changes in the ordinance, and the board will then make a formal recommendation to the council.

The solar ordinance was originally passed unanimously by the council in May 2020, but because several residents claimed they were unaware of the first hearing — with some saying it was improperly posted — a second hearing was conducted in December. The council once again approved the ordinance, but this time by a narrow 4-3 vote because several members had a change of heart after listening to comments by residents and Scott Millar, director of community assistance and conservation for the nonprofit  GrowSmartRI.

Mr. Millar argued that Portsmouth’s ordinance has “a high potential to encourage contentious land use conflicts, between utility-scale solar energy systems and existing residential development.”

He added the local ordinance allows large solar energy systems in all residential zones, as a special use with no limits on size or lot coverage. He made several suggestions, including one in which the ordinance makes it clear where these solar energy systems are encouraged and/or discouraged. 

On Jan. 11, the council voted unanimously that a letter with recommendations by Mr. Millar be forwarded to the Planning Board for its feedback on whether the ordinance should be amended.

That’s what the board tackled last week. Mr. Crosby shared some initial comments about the GrowSmartRI letter, saying some of Mr. Millar’s recommendations — such as defining solar lot coverage and expanding requirements for decommissioning — deserve consideration. 

The planner also liked Mr. Millar’s recommendation to offer incentives to applicants so they develop solar arrays in areas considered more suitable by the town. “However, considering the fact that so much of Portsmouth is zoned residential, I’m not certain that would be worthwhile,” he said.

Setbacks questioned

As far as setback requirements go — Mr. Millar said for medium and large developments, the current 50-foot minimum is not enough — Mr. Crosby said he didn’t see any reason to change that since it was based on state guideline.

Board member Seth Pilotte, however, said he wanted to see a much larger buffer. He referred to two pre-application/informal concept designs of proposed solar arrays along West Main Road that were reviewed by the board on Jan. 13.

“Honestly, I live right around the corner from there. It’s not enough in the wintertime,” Mr. Pilotte said. “It’s the last thing I would want to see looking out my back window.” 

Board members Ryan Tibbetts and Edward Lopes Jr., however, said there are only a limited number of areas in Portsmouth where a 200-feet buffer is possible. “We all want more space and setbacks and green space, but at some point the property’s not going to be a big enough scale to make it viable,” Mr. Tibbetts said.

Mr. Pilotte responded that each application should be considered on a case-by-case basis, with the town allowed to set a 200-foot buffer if it so chooses. The board should also have the authority to recommend the type of vegetation, trees, hill slopes and more to make sure the buffer are effective, he said.

“I’m all for solar, but it’s got to be in the right parcel and the right configuration,” he said.

Attorney Cort Chappell, who represented Econox Renewables of Newport, the applicant who presented the two conceptual plans last month, said the current solar ordinance already gives the planning and zoning boards that discretion, and also addresses many of GrowSmartRI’s concerns.

“There is absolutely nothing there that you can’t protect if you do your jobs correctly,” Mr. Chappell said. “The ordinance, in my opinion, takes care of your comments. Yes, (the setback is) a minimum of 50 feet, but you can in fact increase it. If you think that means 300 feet, then that’s what you do because this ordinance requires it.” 

However, he said the boards need to take a practical approach because not every parcel would allow for such large buffers.

The attorney also tried to quell some residents’ fears that the town would be overrun by large, commercial solar arrays because of the new ordinance.“There has not been a rush on solar because of this ordinance,” he said.

Abutters speak up

That’s exactly what Robyn Younkin said she was concerned about, however. The West Passage Drive resident, a member of a new citizens group, Portsmouth Residents for Responsible Solar, was among several residents to voice her concerns to the board last week. Abutters shouldn’t have to shoulder the burden of fighting off developers who are coming in to create a nuisance, she said.

“The neighbors pay taxes, too, and if I wanted to put in a billboard or a flashing neon light, I’m sure the town would have something to say about it,” said Ms. Younkin.

Another West Passage Drive resident, Lark Roderigues, agreed. If a regulation isn’t in the solar ordinance, residents will have to watch every proposal “like a hawk,” she said.

“It appears it protects the person putting the solar in, and the neighbors not so much,” Ms. Roderigues added.

David Howard, of 36 Mariel Rose Drive, said his biggest concern was that it appeared a fairly concentrated area on the town’s west side was being targeted for solar.

“I know you can’t write that into an ordinance, but it’s a real fear of mine that the whole west side of Portsmouth is going to be saturated with solar panels,” Mr. Howard said.

Board Chairman Guy Bissonnette said he was “pretty comfortable” with the current ordinance, but that none of the board members were “experts on solar.”

The board will take up the matter again next month, after hearing recommendations on any possible language changes from Mr. Crosby.

Please support your local news coverage

The COVID-19 pandemic has brought the local economy - and many of the advertisers who support our work - to a near standstill. During this unprecedented challenge, we continue to make our coronavirus coverage free to everyone at eastbayri.com - we believe it is our mission is to deliver vital information to our communities. If you believe local news is essential, especially during this crisis, please consider a tax-deductible donation. 

Donate Here

Thank you for your support!

Matt Hayes, Portsmouth Times Publisher