Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use Solar topic
No spam. Unsubscribe anytime.
Candia business asks selectmen to weigh in after building inspector stalls large solar project
Summary
Owners of Candia First Stop said their two‑year solar project was cleared by a prior building official but was denied by the current building inspector as not covered by zoning; town attorney advised an administrative appeal to the Zoning Board of Adjustment and applicants warned a grant is time‑sensitive.
Owners of a commercial property in Candia urged the Board of Selectmen on April 14 to intervene after the town’s building inspector said zoning rules do not clearly allow a large ground‑mounted solar array on their Light Industrial 2 parcel.
Craig (owner) and his business partner, Joe Solvo, told the selectmen they have spent two years on planning, engineering and grant work for a roughly 1,040‑panel array — roughly 85,000 square feet — to serve the Candia First Stop fuel and retail site. They said a previous building official told them the project would be permissible with standard engineering submissions; the current building inspector later declined to issue a permit.
The applicants and their attorney, Ken Gould, cited state law during the meeting. Gould read language from a New Hampshire statute into the record, saying, “the building of structures that facilitate the collection of renewable energy, including solar energy, shall not be unreasonably limited by New Hampshire municipalities.” The applicants argued the proposed array ties into the regional grid in the same way as other solar installations in town and said roughly 60 solar permits have been issued in Candia since early 2023.
Building Inspector Will explained his position to the selectmen: after review with the town attorney, he has concluded that because the town’s table of uses does not explicitly list standalone commercial ground‑mounted solar as a permitted use for a vacant lot, he cannot administratively approve the project. “If it’s not explicitly called out in the ordinance, it’s implicitly denied,” he said, summarizing the legal advice he has received.
Selectmen and the town attorney advised a procedural remedy: the applicants were told to file an administrative appeal with the Zoning Board of Adjustment (ZBA). Town counsel and the building inspector said the ZBA has authority to review the administrative decision; counsel is expected to speak with ZBA leadership about timing and the proper noticing language. The earliest practical ZBA date was discussed as in May because of noticing requirements.
Craig and Solvo told the selectmen the timeline matters: their work counts on a grant application and matching schedule, and they said a delay of a year would likely cause them to lose grant funding and cancel the project. Solvo told the board he and his partner had proceeded in reliance on earlier guidance from town staff and that they had invested engineering funds before the current interpretation changed.
Selectmen did not overrule the building inspector at the meeting. Instead, they confirmed the recommended path: applicants bring an appeal to the ZBA, which will include public comment and a formal decision. Selectmen and counsel also agreed that the town’s zoning language needs review to clarify whether and how large ground‑mounted solar arrays fit into the table of permitted uses.
The board recorded no final vote on the permit; the matter was described as a pending administrative appeal and will proceed through the ZBA process with public notice.
