SHUTESBURY — Shutesbury’s 2021 solar bylaw, aimed at offering protections to large swaths of woodland by limiting their size, remains in effect after withstanding a legal challenge from a solar developer.
The recent dismissal, without prejudice, of a 2023 Land Court lawsuit means that the bylaw is still in place, even as the state’s own siting rules for solar projects will be more closely aligned next March, says Michael DeChira, a Planning Board member acting as the panel’s chairman on solar-related matters.
“It stood, it continues to stand, there’s not anyone questioning it at this point,” DeChiara said during a special meeting Wednesday.
The town announced that in mid-August PureSky Energy as the developer and W.D. Cowls as the landowner agreed to dismiss the lawsuit, focused on whether solar developments could move forward on five properties totaling 190 acres.
DeChiara said if the plaintiffs want to refile, which is allowed in a dismissal without prejudice they have to submit a new complaint and start process all over again.
He said the good news is that the state’s Department of Energy Resources rules are moving closer to the town’s.
While unknown exactly why the case was dismissed, DeChiara credited residents for appropriating an additional $30,000 in legal fees at annual Town Meeting in May that bolstered the Planning Board and Select Board’s efforts.
He also offered his own opinion, though characterized it as conjecture, as to why the decision was reached by the plaintiffs to end the court case.
“I think, collectively, the landscape was changing, but that’s conjecture, not fact at all,” DeChiara said.
He cited current federal policy under the Trump administration that is antagonistic to solar and wind projects, that the state’s Solar Massachusetts Renewable Target program regulations now in effect meant two of the five sites wouldn’t have been eligible for state subsidies and the new clean energy regulations. DeChiara also pointed out that no site plans for the projects were ever submitted for review.
Members of Smarty Solar Shutesbury, who had raised questions about the scale of the land that would be developed, spoke at the brief, half-hour meeting.
Jill Buchanan thanked the Planning Board for its care for the community and the region.
“This is really significant, not just for Shutesbury, but for many other towns and many others who could be facing the same kind of lawsuits that are really unreasonable for towns that can’t afford them, and have to depend on very smart, very capable people to stand up for their towns,” Buchanan said.
Sharon Weizenbaum applauded the Planning Board for not giving into pressures and standing up for health and well being.
“My heart is overflowing for the work and attention and good will toward our community that you guys put in,” Weizenbaum said.