A map shows Farmington Falls Road where Clearwater Solar Partners LLC propose building a solar farm on the former Nusman farm. Landowners on Davis Road told selectmen Tuesday they’re concerned about it being near their properties. Google maps screen capture

FARMINGTON — Selectmen Tuesday night, Oct. 26, approved consulting with the town’s attorney to see if a moratorium on solar farms can be authorized.

Clearwater Solar Partners LLC care of Allen Tate of West Labanon, New Hampshire, submitted an application for another solar farm Monday. The proposed location is the former Nusman farm on routes 2 and 27, the Farmington Falls Road, near the intersection with Davis Road. About 33 acres of the 240 acre property now owned by Bill Stasiowski and Anne Myers of West Newbury, Massachusetts, would be used.

Eight landowners on Davis Road would be impacted by the solar farm. Adrian Harris lives on Davis Road and said he learned of the project two weeks ago.

Some abutters attended the Oct. 20 Zoning Board meeting to discuss the project but the board took no action.

Speaking for the abutters, Rob Martin asked the board to approve changing the setback from 75 to 500 feet.

“That’s what we would love to have happen,” he said. If that’s not possible we would at least like to stop the momentum.”

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Martin suggested a moratorium be put in place.

Planning that will work for all landowner’ rights, and lessening environmental impacts were reasons given for changes to solar farm requirements. Setbacks and stipulations on locations in the town’s marijuana ordinance were given as examples for doing something similar with solar.

“We can’t stop it,” Selectman Chair Matthew Smith said. “The application was put in yesterday. I talked with Steven Kaiser (Code Enforcement department head) this morning.”

Changes may be made for future projects if the town wishes but not for this one, Smith noted.

“Let’s not call it a done deal, let’s pursue it with attorneys,” Martin said. “I think we need to slow it down. We don’t need another Bussie York (solar farm). I don’t want to repeat that, find a way to let the town have some control.”

Martin was referring to the massive 490-acre, $110 million solar farm nearing completion at Sandy River Farms owned by York. The farm, at 560 Farmington Falls Road, is renting about 500 acres for the 300,000 solar panels to builder Farmington Solar, a subsidiary of NextEra Energy Resources. The town will receive about $20 million in taxes during the 30-year lease agreement.

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Last November with a 2,992 to 788 vote a solar project leasing 25 acres at the Farmington landfill was approved.

Farmington is the town with the biggest solar farms in the state or one of the largest, Martin noted.

“I appreciate that you want to slow it down,” Smith said. “Where the application has already been put in, it’s my belief we can’t. Not on this project. I don’t have enough facts in front of me.”

Since Adrian Harris did make a request of the Zoning Board prior to the application being submitted, the only thing the selectmen could do is confer with the town’s attorney about a moratorium, Selectman Joshua Bell said.

“We can’t change the Zoning Ordinance,” he said. “It’s not so simple, so cut and dried.”

Martin thought the town had known for some time that this solar project was coming.

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“I didn’t know about this until a zoning board member called me,” Bell said.

Planning Board member Judith Murphy said she learned of it when she attended the Oct. 20 Zoning Board meeting. The Planning Board will consider the application at the next meeting. That board is not in a position to just refuse, it needs a reason, she noted.

“I heard about this yesterday,” Selectman Scott Landry said. “It amazes me that they can be working on this project and no one knows about it.”

He is disappointed that so much farmland is going into solar.

“Farmland is part of the fabric of our state and we need to preserve it,” Landry noted.

The Zoning Board didn’t do its job, passed the buck, Smith said. “Down the road I’m hoping we can get this so everyone’s happy. Obviously farmers aren’t making it. Personally I would rather see this than houses.”

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In other business, Smith noted Landry had requested a letter of support from the board for LD 621, the bill that would increase the number of county commissioners from three to five at the March 9 board meeting. The board approved and the letter sent out, Smith added.

The board approved amendments to the Maine Municipal Association Model General Assistance Ordinance, Appendices A – H. It’s something the board does every year, Smith said.

The board also approved a $411 ad in Paper Talks magazine with the funds taken from the selectmen’s account. The town has placed ads for 23 years. The town saved $33 by approving the ad early.

“We get really good coverage,” Smith said.

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