Two residents who have fought to construct a solar facility in Marion are closer to approval than ever before.
With a show of hands, the Marion Zoning Board of Appeals unanimously approved the commercial solar facility slated for County Road, but Laura and Dale Briggs will still have to wait until August 21 for the final and official approval they need to start constructing the 3,520 panel commercial solar energy facility on their 5.93-acre residential property.
The board closed the public hearing back on June 26 in order to take the matter “under advisement,” and set the date for the next meeting to address the issue for July 17, but then the July 17meeting was canceled.
The informal vote to approve finally came on August 7, and an official vote will have to wait for the next meeting, granted that Town Counsel Jon Whitten, who is currently unavailable, can draft a decision in time for board members to approve the decision on August 21.
“This is just sort of a formality,” said Building Department Clerk Anne Marie Tobia. Tobia said she will likely petition the Briggs’ attorney for a slight extension in order to ensure that the decision is approved before the 90 days from the day the Briggs’ filed their request for the variance. She said this was a precaution in case Whitten could not draft the decision in time.
“It should be all squared and sealed up by the 22nd [of August],” said Tobia.
The meeting was shortened by one application withdrawal and, although discussion on the Briggs matter was off to a slow start, the meeting was roughly only five minutes long.
Acting as chair, John Sylvia requested an informal straw poll after a brief discussion among board members. Board member Bob Alves was first to voice his approval of the variance, followed by board member Tom Cooper.
“I have no objections to it either,” said Cooper.
“I feel that way too,” said Sylvia.
It has been a long road for the Briggses since they first filed for a building permit to construct the solar facility, which Building Commissioner Scott Shippey denied on September 4, 2012. Shippey referred to the Town’s previous version of the zoning bylaw, saying that he could not approve the solar farm because there was no mention of commercial solar facilities within the bylaw – only accessory use of a solar installation.
Town Meeting has since approved a new version of the bylaw that now includes commercial solar energy facilities.
The Briggses appealed Shippey’s decision to the ZBA, which denied the appeal on February 22, 2013, prompting the Briggs to file a lawsuit against the Marion ZBA. On February 6, 2014 the judge found in favor of the Marion ZBA, provided it could define “light manufacturing” in the zoning bylaw, and apply it to the solar energy facility, the reason the ZBA denied the Briggs’ permit because light manufacturing is not permitted in residential zones.
Light manufacturing was described in the bylaw as “fabrication, assembly, processing, finishing work, or packaging.”
“It’s been two and a half years since we started,” said Ms. Briggs, adding that as soon as the decision is approved, they will start construction of the solar farm immediately.
The application that was withdrawn without prejudice was for Ed and Donna Miccolis of 4 Cove Street. The plan called for a special permit to construct a masonry seat wall and associated built-in gas fire pit.
The next meeting of the Marion Zoning Board of Appeals is scheduled for August 21 at 7:30 pm.
By Jean Perry
