PORTSMOUTH — Saying the applicant checked all the boxes needed for a special-use permit under the town’s solar ordinance, the Zoning Board of Review Thursday, May 20, unanimously approved a controversial solar energy system planned for a vacant lot on the east side of West Main Road.

“The petitioner has met all the criteria,” said John Borden, the board’s vice-chairman. “This board has no choice but to approve.”

West Main Solar 2, LLC, the applicant, proposed a 3.1-megawatt, direct-current (DC) ground-mounted solar photovoltaic (PV) array between Freeborn Street and Lehigh Terrace. The project site is about 24 acres in total, with the actual solar array taking up about 7.5 acres (about 31 percent), according to Helen Anthony of Hand Law LLC Providence, the applicant’s attorney.

The project required a special-use permit because it’s located in a residential (R-20) zone. 

Commercial solar energy systems have been a hot topic in town for the past few years, with some projects challenged in court and the Town Council approving a new solar ordinance not once, but twice within an eight-month span last year. 

Concept review plans for West Main Solar 2’s proposal, as well as a second project — West Main Solar 1’s similar plan for an array also off West Main Road, just north of Russo Road — were presented to the Planning Board in January, as several abutters voiced objections. 

Neighbors said they were particularly concerned with the buffering around the large arrays, saying they didn’t want a repeat of the eyesore that is the Navy solar energy system on the other side of West Main Road, and which is visible to all. (The federal government oversaw that project, which required no local review.)

The application reviewed by zoners Thursday was presented to the Design Review Board in March, and then in April to the Planning Board, which unanimously voted to recommend approval subject to several conditions.

The main witness for the applicant Thursday was Andrew Vardakis, a registered professional engineer in Rhode Island with Wood Environmental and Infrastructure Solutions. He testified that the proposal is compatible to the surrounding land use, and it won’t create a nuisance or hazard. Most of the required 50-foot buffer from property lines will consist of vegetation to hide sight lines, he said, and only evergreens will be used so the array is not visible to abutters even during wintertime. 

He testified the petition has already satisfied most of the nine conditions recommended by the Planning Board, including the maintenance of trees, and working with an abutter on Lehigh Terrace regarding a plan for a sufficient buffer screening. 

“It’s a passive use. It makes very little noise, if any. It’s well-screened. The applicant is very amenable to working with the abutters on proposed screening,” Mr. Vardakis said.

A six-foot-high chain link fence would surround the array. It would be six inches off the ground “to allow for critters to pass through,” he said.

Board Chairman Jim Nott asked whether the ledge in the area would present a problem when it came to installing the ground-mounted panels. Mr. Vardakis replied that ground screws can be used for shallow bedrock.

“There are different types of foundations that can be done,” he said.

Mr. Borden asked about security. “Will there be a fence on the access road so teenagers can’t decide to go partying in the array and drink some beers?” he asked.

“I don’t know what kind of party it would be there,” Mr. Vardakis said, drawing laughs. 

Scott Milnes, president of Econox Renewables in Newport, which was hired by the owners to develop the system, said he isn’t against installing a gate, but it would have to be located a bit aways from busy West Main Road to allow easy access for construction and maintenance workers. 

Referring to the Navy solar array that can be seen by all from West Main Road, Mr. Milnes added the developers are sensitive to abutters’ concerns about the project’s visibility. This array will be on property that slopes up, and then down, he said. “There’s basically no (view) from West Main Road,” Mr. Milnes said.

Residents speak

Only two residents commented on the plan during Thursday’s hearing. David Howard, of Mariel Rose Drive, said he was not an abutter but still had concerns about the project.

According to the draft Comprehensive Community Plan, he said, land zoned residential is not intended for this type of commercial use, and some have contested the solar ordinance’s provision to allow it through a special permit.

“It seems to be a disservice to the residents to have this rushed through before the solar ordinance is considered in court. There should not be commercial development in areas zoned residential,” Mr. Howard said.

Lark Roderigues, of West Passage Drive, said it’s “obvious” that townspeople are not happy about seeing proposals for large commercial solar energy systems in Portsmouth. “It’s really not in keeping with what the residents want around their home,” she said.

She shared Mr. Howard’s concern that the application process has been “rushed.” A moratorium on new commercial solar arrays should be considered, she said.

Mr. Nott responded that the zoning board can only base its decision on the current zoning ordinance, which permits commercial solar developments in R-20 zones by special-use permit. “Even if this was to be contested in court, it’s a valid ordinance,” he said.

He also took issue with the comment that the application has been rushed through. The petition has gone through the Design Review Board and Planning Board twice, has been properly advertised, and has always been open to public comment, Mr. Nott said. 

Mr. Borden agreed. “Even if the solar ordinance is going to be revised by the (Town) Council, this board has to make a decision on this petition that’s in front of us. We have no choice but to proceed,” he said.

Conditions set

The board voted 5-0 to approve the special-use permit, but subject to several conditions proposed by Mr. Borden. 

They include a lifetime guarantee that trees or vegetation will serve as a buffer between the array and abutters, including the requirement that any dead plants or trees must be replanted. The use of herbicides and pesticides is restricted, and there must be an emergency response plan developed with the Portsmouth Fire Department.

The petitioner must also have all the proper state and federal permits regarding wetlands, stormwater, traffic, etc., in place before a building permit is issued. A decommissioning plan must also be finalized, and the applicant must also consult with the R.I. Historical Preservation & Heritage Commission to make sure there are no state or federal historical resources being disturbed on the site. In addition, all conditions previously set by the Planning Board must be met.