Cheshire May Appeal Court’s Solar Array Decision
The Selectmen will meet with town counsel to discuss the possibility of appealing a Superior Court decision to allow the installation of a solar array on East Harbor Road.
IBerkshires.com reports tThe board heard from some angry residents Tuesday who wanted to know which way the town was leaning regarding appealing the court's decision. The Selectmen agreed they first have to discuss the matter in executive session.
Some months ago, after a series of public hearings, the Planning Board denied a resident's request for a special permit to develop a solar array in an agricultural retention zone near the intersection of Wells Road and East Harbor Road.
The landowner appealed the decision in Superior Court and the court reversed the Planning Board's decision but asked that the Planning Board take another look at the permit to consider imposing "reasonable conditions" to mitigate concerns such as glare.
Selectman Edmund St. John IV, an attorney, said the Selectmen do have the option to appeal Superior Court's decision but have yet to really study it.