Solar plans come down to earth

Council, planning board discuss zoning dilemma

By Douglas Farmer
Staff Writer

PALMER – Although a proposed photovoltaic (solar energy) project on 120 acres of land off Route 181 in Bondsville could impact adjacent operations including a popular restaurant and horse rescue, Palmer officials pledged Monday night to work to preserve them at a meeting of the Palmer Town Council.
Concerns surrounding zoning and allowable uses on the land arose last fall, when a variety of town departments learned that the owner of the land, Thomas Roberts (officially listed as trustee of Palmer Road Realty Trust), had announced through his attorney Richard Johnson of his intent to sell the 120 acres – exclusive of six acres retained around where Burgundy Brook Country Store and Blue Star Equiculture are operating – to Newton-based Mark Investment, LLC. This sale was ostensibly for the construction of a solar energy farm, with rows of cells that collect sunlight and convert them to usable electricity. The announced purchase price was $2.5 million.
Town officials were notified of the purchase and sale in November because the property in question is assessed under the Chapter 61A classification allowed within the Massachusetts General Laws, meaning that in return for keeping the land in agricultural and/or horticultural use, it is provided a reduced tax rate. When properties are proposed to be removed from the designation, town officials have 30 days to question the validity of the purchase and sale and an additional 60 days to arrange for an alternate purchase, such as through town funds or a nonprofit organization. Back taxes must be paid if the sale goes through.
And even though Palmer Town Planner Linda Leduc and Planning Board Chairman Michael Marciniec noted at the Jan. 9 meeting of the town council that the town clearly does not have $2.5 million to purchase the land, it would be possible in the future to have a subcommittee work on each potential removal from 61A and in some cases, work with other organizations to keep the property in agricultural use. For that reason, they brought with them Clem Clay, program director for the Trust for Public Land, who has worked on such projects in Easthampton and Northampton.
“By designating land as 61A, I believe the town has indicated it is a priority to preserve it for agriculture,” said Leduc. “So I think in the future, we should exercise its due diligence in at least consulting with town counsel and seeing what options we have.”
She added that if the town were to pass the Community Preservation Act (CPA) in the future, which allows municipalities in the state to assess up to a three percent surcharge on local property (with the first $100,000 in valuation excluded) for the purpose of open space preservation, historical preservation and affordable housing, it would also give the town additional financial flexibility. The state does match a portion of the revenue raised through funds from transactions at the Registry of Deeds, though that number has declined in recent years.
Councilor Karl Williams and others questioned why the town would want to purchase the acreage off Route 181, as it is defined in documents as “backland.” Clay commented that in one project in which he has been involved, other farms bought into a collaborative agriculture arrangement.
“The main thing is for the town to build a line of communication with agencies like ours because there is help out there if the town wants to preserve agriculture,” he said. “While the initial window of opportunity on the land you’re talking about may have passed, this project could be several years from completion.”
The town council has already waived its right-of-first-refusal in two other cases for proposed solar projects, including 5.5 acres off Route 67 in Palmer owned by the Draper family and 15 acres off River Street in Palmer owned by the Browne family. Both of these potential solar farms have been brought forward in collaboration with Solventerra LLC and – Leduc and Marciniec noted – involve a lease for use as opposed to a full-blown purchase-and-sale. Marciniec said other photovoltaic projects are being considered in town, though not necessarily on Chapter 61A land.
“That site off Route 181 is in a rural residential zone, so the restaurant is only allowed through an agricultural exemption,” said Leduc, referencing Massachusetts General Laws Chapter 40A, Section 3 which said a business operation like Burgundy Brook was exempted from local restrictions if 25 percent of product sold came from the property and 50 percent came from Massachusetts. Planning officials had recently questioned whether limiting the preserved parcel to six acres would allow that to occur.
Meanwhile, Palmer resident Sandy Walsh, who helps administer the West Hampton, N.Y.-based Leo S. Walsh Foundation in honor of her late husband in support of her late husband, said that she was interested in seeing Blue Star Equiculture, a sanctuary for retired and/or injured work horses, preserved.
“It’s such a great thing for this town and I want to make sure it stays in Palmer,” she said.
Palmer Town Councilor Philip Hebert agreed with her sentiments. “I’d hate to see the restaurant and the horse farm go by the wayside,” he said.
Neither Johnson nor Roberts could be reached for comment for this story.
But Leduc said that she has had conversations recently with Roberts, and he voiced a willingness to continue discussions to preserve the existing operations in Bondsville.
“We will do what is in our power to keep those businesses viable,” said Marciniec.

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