HomeMy WebLinkAbout5109 205 Old Main St Solar Withdrawn Memo to File 08.09.24IRMOUTH TOWN CLERK RE
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BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION 5109
August 9, 2024
MEMBERS SITTING (June 27, 2024 hearing): Vice Chair Sean Igoe, Dick Martin, Jay Fraprie, John
Mantoni, and Barbara Murphy
PETITION 5109: (continued from 5'9,24 & 5/23/24) DC Solar Inc. and Sunwealth. Property Location: 205
Old Main Street, South Yarmouth, MA. Map & Lot #: 51.38; Zoning District: RS-40. The Applicant seeks
a Special Permit per §301.2 and,'or a Variance from §301.4.6 to modify the existing parking lot by removing in -
lot trees for the construction of a 101' 8" x 117' 6" solar carport canopy over the rear parking lot.
Prior to the initial hearing on May 9, 2024, the Board was notified that the petitioner was unable to appear
because of a family emergency. A motion was made by Mr. Fraprie and seconded by Mr. Panebianco to
approve the request for a continuance to the May 23, 2024 hearing. On a roll call vote (5-0), the motion was
approved. At the May 23, 2024 hearing, Daniel Clinton, DC Solar, Inc., appeared in -person at the hearing.
Charley Gould, General Counsel, and Tessa Scheid, Project Developer, Sunwealth, appeared via Zoom.
The property is located in a residential district and within the South Yarmouth Historic District. The petitioner
sought zoning relief to build an 11,945 square foot solar canopy over the back parking lot of St. David's
Episcopal Church ("church"). In addition to constructing a substantial structure, the petitioner would be
operating a business in a residential district by selling 50% of the power generated to the church and 50% of the
power to other customers. The Board discussed that the proposed structure is not in keeping with the
surrounding zoning district, would create undue nuisance, hazard and congestion, and would be substantially
more detrimental to the neighborhood.
With the application to the Zoning Board of Appeals, the petitioner submitted a Certified Plot Plan and a
Topographic and Boundary Plan. However, the Board does not have other documentation such as authorization
from the church to construct the solar canopy; elevation plans, including height and width of solar panels;
photos of the structure; landscape plan with trees to be removed and installed; and plans to show parking,
driveways, drainage, and the location of solar panels and other equipment (e.g., transformers). A motion was
made by Mr. Fraprie and seconded by Ms. Murphy to approve the petitioner's request for a continuance to the
June 27, 2024 hearing. On a voice vote (5-0), the motion was approved.
On May 30, 2024, the Board received a letter from Daniel Clinton, DC Solar Inc., requesting to withdraw the
petition without prejudice. The letter noted that after discussions with the property owner and the developer, the
petitioner decided not to move forward with the project. At the June 27, 2024 hearing, a motion was made by
Mr. Martin and seconded by Mr. Mantoni to allow the petition to be withdrawn without prejudice. On a voice
vote (5-0), the motion was approved.
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Sean Igoe, Vice Chair