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Lakeville approves PILOT for proposed Crooked Lane solar facility after public questions

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Summary

Town Meeting authorized the Board of Selectmen to enter a payments-in-lieu-of-taxes (PILOT) agreement for a proposed solar facility at Map 26, Lot 4 (129 Crooked Lane). The vote passed by majority after residents asked about notice, ownership and the potential tax benefit compared with current Chapter 61A assessment.

Voters at the Oct. 17 special town meeting authorized the Board of Selectmen to enter into a payments-in-lieu-of-taxes (PILOT) agreement for the personal property associated with a proposed solar facility on privately owned land at 129 Crooked Lane (Assessors Map 26, Lot 4).

The warrant motion authorized the selectmen to negotiate a multi‑year PILOT and to take all actions necessary to implement the agreement. Finance Committee recommended approval; the article passed by majority vote with one recorded “no.”

Town counsel explained that a PILOT is a negotiated agreement that can provide the town with a predictable revenue stream when the taxability of solar personal property is uncertain under current law. Counsel said appellate tax board rulings have raised questions about whether personal property at solar facilities is taxable; the PILOT gives both the town and the developer predictability and typically runs 20 years.

Residents raised procedural and substantive questions during discussion. Sylvester Zinkiewicz and Bob Marshall asked why the article appeared on the special-meeting warrant after a prior warrant-review session where they recalled it would be pulled; board members said the assessor had not been present at the prior review and the Finance Committee had voted on the article the evening of the meeting. John Jenkins asked about ownership and whether the proposed facility would replace farmland taxed under Chapter 61A; selectmen clarified the landowner retains ownership and is leasing the land for the panels and that current taxation under 61A (farmland classification) produces only modest revenue (one speaker cited about $4,000 now). Another commenter asked about parcel size; the presenter described the project as “a dozen acres or so” and noted the proposed PILOT would likely increase town revenue above current Chapter 61A payments.

Town counsel and selectmen emphasized the PILOT applies to the personal property (equipment) not the land, and that the PILOT is separate from decisions about the electricity generated. The moderator counted votes per town-meeting procedure and declared the article approved by majority.