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The City Council pass the new laws Tuesday night.

Pittsfield Council Ordains New Solar Regulations

By Andy McKeeveriBerkshires Staff
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PITTSFIELD, Mass. — The City Council unanimously backed an effort to reduce the number of commercial solar arrays being installed in residential neighborhoods.
 
The Zoning Board of Appeals petitioned the council to adopt new rules guiding where solar arrays can be installed. The new ordinance breaks photovoltaic arrays into three sizes and guides the medium and large scale ones to commercial and industrial land.
 
"Commercial arrays have different impacts and don't belong in residential areas," Director of Community Development Deanna Ruffer said. 
 
The hope is to reverse a trend in which 11 out of 14 commercial solar facilities have been approved in the city were in residentially-zoned areas. The new rules allow for residents to put panels on rooftops and small ground-mounted arrays under certain conditions in residential areas if the array is not the primary use of the property.  
 
Permitting Coordinator Nate Joyner said it has become "increasingly popular" for solar companies to seek out residential land for commercial arrays and the systems proposed have been growing larger. He said while there is a lot of developable commercial and industrial land available, the residential spaces come at a lower cost.
 
Michele Rivers Murphy had been part of an effort to oppose a solar array at the Pontoosuc Lake Country Club. The 6.5-megawatt proposal included some 18,000 panels in a densely packed residential area. That project was ultimately shelved because the company proposing it couldn't find a suitable access road that didn't infringe on wetlands. She said had that gone through, there would have been a tremendously negative impact on the area.
 
"You are changing the land us and essentially plopping a manufacturer in the middle," Rivers Murphy said of commercial arrays.
 
Resident Lewis Schiller, however, felt the ordinance went too far in restricting solar arrays. He feels there are places where the commercial arrays can go but the law shuts the door on that opportunity.
 
"I think this is just a NIMBY approach," Schiller said.
 
Schiller believes the restriction flies in the face of state guidelines and laws aimed to significantly increase the amount of renewable energy generated in the state. 
 
Ward 3 Councilor Nicholas Caccamo, however, said that while the state Legislature encourages solar facilities, you wouldn't see commercial solar arrays in downtown Boston. He said Western Massachusetts ultimately has to "shoulder the most weight for the state's renewable energy goals." Ruffer and Joyner both added that the city is toward the top in the amount of renewable energy generated from solar, most of which is coming from residentially zoned properties.
 
Resident John Barry also opposes a "blanket prohibition" on such solar arrays because if it is appropriately screened, he thinks a property owner should have a chance to at least apply for a special permit. 
 
The Zoning Board of Appeals had asked for a revamping of the laws because it felt it had been restricted in reasons to deny permits. The ZBA feels that some of the projects were approved despite potential negative impacts to the neighborhood because the reasons for denial were so limited.
 
"It is not a matter of trying to restrict solar but to deal with it in a way everybody can feel comfortable with where it ends up," said Community Development Board Chairwoman Sheila Irvin.
 
After a few questions about the laws, the City Council unanimously approved it. 
 
In other business, the City Council again tabled a proposed ban on plastic grocery bags. The issue has been kicking around City Hall for close to six years and has not been tabled by the council on back to back meetings. 

Tags: commercial zoning,   solar array,   zoning,   

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Pittsfield Kayak Kiosk Proposal Withdrawn After Pushback

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — It is the "end of the road" for a kayak kiosk proposal after pushback from community members and the City Council.

Whenever Watersports has withdrawn its proposal for a kayak rental program at Onota Lake. Safety concerns arose around the company's self-serve model though it was stipulated that users sign liabilities away with a waiver as part of the process.  

"It's unfortunate. I had hoped the outcome would be different and I think (Recreation and Special Events Coordinator Maddy Brown) and you as well thought this was an opportunity to provide an additional level of services, recreation opportunity to folks at the park through a modern-app-based system," Park, Open Space, and Natural Resource Program Manager James McGrath said to the Parks Commission on Tuesday.

"It would have cost the city nothing to have this sited. We wouldn't be responsible for any maintenance but there would be maintenance to the units and to the boats, etc. Everyone was going to get life preservers and there are instructions through the app so we thought it was it was safe and secure and a good fit for the park."

In December, the commission granted a request for the pilot program and City Solicitor Stephen Pagnotta had been reviewing and revising a proposed contract that had not yet been approved. Last week during City Council, residents Daniel Miraglia and Gene Nadeau submitted a petition requesting a legal opinion on the proposal from the solicitor.

Miraglia expressed concerns about the lack of a bidding process, safety hazards, and the impact on a local business that rents kayaks on the lake. Onota Boat Livery owner Caryn Wendling was upset to hear that an out-of-town company would be allowed to operate the kiosk on the same lake as her business and also cited safety concerns.

Councilors asked that Pagnotta look into items such as the commission's authority with entering into contracts and if a bidding process would be needed for this.

Later that week, a request to the Conservation Commission for determination for the kiosk at Burbank Park located within the buffer zone associated with the inland bank was withdrawn. According to the application, it was proposed to be located before the beach area coming from the main parking lot.

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