Planning board conditionally approves decommissioning bond for 261 North Sturbridge Road solar project

The Town of Charlton Planning Board voted Oct. 1 to conditionally approve a decommissioning bond for the NextEra Energy solar project at 261 North Sturbridge Road, requiring an environmental/hazardous‑waste surety (which may be a separate bond), calculations stated in DC output values and an updated panel count in the decommissioning worksheet.

The requirement matters because the decommissioning bond is the town’s financial guarantee that the solar site can be dismantled and site impacts remediated at the end of the project’s life; board members repeatedly framed the condition as necessary to cover hazardous‑waste risk and to make sure operators cannot begin commercial operation until the town has the financial assurance in place. Chair (Planning Board) said the surety should explicitly include environmental hazards even if that coverage appears in a separate surety agreement and that the “value stated has to be in DC” and that the number of panels in Table 1 must be updated.

The applicant’s representative, Chris Nolan, told the board that his client accepts the bond amount that had been discussed but that counsel had advised against requiring an upfront cash component. Nolan said the parties agreed to a dollar figure used in the town’s calculations and discussed using surety structures specialized for environmental risk. Nolan also said a certificate of occupancy will not be issued until the board has an approved bond on file: “We can't get a CO until we have the… bond approved and submitted to the town under your bylaws.”

At the start of the discussion board members reviewed a February 2025 decommissioning plan and an April update from Graves Engineering that updated DC megawatt output; several members asked that the updated megawatt (DC) numbers be reflected in the decommissioning cost worksheet. One member asked that the town also be notified if the applicant’s insurance is canceled or changed and suggested a 30‑day notice provision be included in any insurance requirement. The applicant said he could show proof of insurance in addition to the surety; the board asked that the documentation and its specific language be provided in writing.

Motion and vote: a board member moved to approve the decommissioning bond with the stated conditions: (1) inclusion of environmental/hazardous‑waste coverage in the surety (which may be an additional or separate surety), (2) values stated in DC and (3) updated panel counts and recalculated decommissioning totals. A second was recorded and the motion passed. The board asked staff to document the decision in writing and to return updated paperwork showing the environmental surety language and the revised calculations.

Background and next steps: board members and the applicant agreed to produce a written decision that spells out the exactly required language for the bond and the notice provisions. The board referenced review by town counsel and a possible need to show the agreement to the Massachusetts Attorney General as part of the bylaw incorporation process. The board recorded it will send written follow‑up and requested the applicant submit the revised decommissioning worksheet and proof of the required surety before issuance of a certificate of occupancy.