Dennis Mahoney & Sons with Blue Wave Capital is seeking a special permit to build a 25-acre solar farm on Tinkham Hill Road. Last night’s planned meeting with abutters and interested residents – which had been planned by Blue Wave – was cancelled due to horrific bombings in Boston. Blue Wave’s Arlington Street Boston offices were near the epicenter of the attacks, and therefore staff could not leave Boston in time to hold the meeting at the Knights of Columbus Hall on Route 6.
The meeting is now scheduled for Wednesday, April 17. For residents impacted by this proposed change in zoned usage of the property, both the Wednesday meeting and the Thursday, April 18, meeting at 6pm with the Mattapoisett Board of Appeals will be the remaining opportunities to learn the complete details of this application.
Mahoney’s application has already been vetted by the Planning Board and the Conservation Commission with favorable review. However, concerned abutters and others have not been able to ask questions outside of the purview of those two boards.
The town’s bylaws as noted here do allow the zoning board latitude to approve commercial use if a variety of provisions are satisfied.
7.2.1 Appeals. To hear and decide an appeal taken by any person aggrieved by reason of his inability to obtain a permit from any administrative official under the provisions of Chapter 40A, General Laws, or by any officer or board of the Town, or by any person aggrieved by any order or decision of the Inspector of Buildings or other administrative official in violation of any provision of Chapter 40A, General Laws, or of this By-Law.
7.2.2 Special Permits. To grant in accordance with General Laws, Chapter 40A, Section 9 a Special Permit for an exception as provided by sections of this By-Law when it shall have found that the use involved is in harmony with the general purpose and intent of this By-Law and will not be detrimental to the established and future character of the neighborhood and Town and subject to appropriate conditions or safeguards as deemed necessary. Any special permit granted by the Board of Appeals under the Zoning By-Law shall lapse within two (2) years, which shall not include such time as is required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from the grant thereof, if a substantial use thereof has not begun by such date except for good cause, or, in the case of a special permit for construction, if construction has not begun by such date except for good cause.
184.108.40.206 Within five (5) working days after receipt of an application for special permit, the special permit granting authority shall transmit copies thereof, together with copies of the accompanying plans, to the Planning Board (when it is not the special permit granting authority), the Conservation Commission, and the Board of Health, and such other municipal boards, agencies or officials as the special permit granting authority may designate by rule or regulation. All such boards or officials may investigate the application and report in writing their recommendations to the issuing special permit granting authority.
The special permit granting authority shall not take final action on such application until it has received a report thereon from any of the boards listed above or until said boards have allowed thirty (30) days to elapse after the initial filing of such application without submission of a report. Failure to file a report shall be interpreted as non-opposition to the application.
220.127.116.11 Special permits shall be granted only upon the special permit granting authority’s written determination that the proposal’s benefits to the Town will outweigh any adverse effects on the Town or the vicinity in view of the particular characteristics of the site and of the proposal in relation to the site. The determination shall indicate consideration of the following:
18.104.22.168.1 Social, economic, or community needs which are served.
22.214.171.124.2 Preservation of scenic vistas and public access to the shoreline where applicable.
126.96.36.199.3 Traffic flow and safety with special consideration of peak summer period congestion.
188.8.131.52.4 Impact on nearby uses and whether they would be supported or damaged under the proposal.
184.108.40.206.5 Adequacy of roads, drainage and other public services in relation to the location.
220.127.116.11.6 Impacts on the natural environment including, but not limited to, consideration of erosion, siltation, potential groundwater or surface water contamination, habitat disturbance or loss of natural vegetation.
18.104.22.168.7 Potential demands on community facilities and services.
By Marilou Newell