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Planning board approves 170 kW ground-mounted solar at 5 Clayton Drive, denies buffer waiver
Summary
Lewiston planners approved a conditional use permit for a 170 kW ground-mounted solar array at 5 Clayton Drive but did not grant the applicant's buffering waiver; approval includes conditions: a decommissioning agreement before construction, an updated buffering plan meeting Article 13 prior to building permit, and legal confirmation that any deed restrictions allow the project.
The Lewiston Planning Board on Nov. 20 approved a conditional use permit and development approval for a 170-kilowatt ground-mounted solar array on a 10.3-acre lot at 5 Clayton Drive, but the board declined to move forward with the applicant’s request for a waiver of Article 13 buffering requirements.
Solar Systems of Maine representatives (project manager Seth Wykness and owner Tyler Baker) and the property owner described the array as sited amid existing vegetation and said they planned minimal clearing. The applicant asked the board to rely on existing on-site and adjacent tree cover as de facto screening. A nearby property owner, Michael Lapointe of 195 Ferry Road, contested that approach in public comment, saying he had not seen full plans before the hearing, alleging that some excavation work had already occurred and that three deed restrictions on the lot could preclude a commercial-scale array or new road. Lapointe told the board: “Work has commenced on the project. And to date, I don't believe you have a permit for the project,” and questioned whether off-site trees should be accepted as a permanent buffer.
Staff told the board that the city reviews proof of title and ownership for development review but does not enforce private deed restrictions; those are matters for private civil enforcement. Staff and the board discussed the technical buffering standards in the zoning code: options include two staggered rows of evergreen plantings (minimum 6 feet in height at installation and 12-foot spacing on center) or equivalent screening so that any granted waiver would not leave neighbors unprotected. The board also required a standard decommissioning agreement as a condition of approval.
Because the board did not move to approve the buffer waiver, the final project approval includes a clear requirement that the applicant provide an updated plan meeting Article 13 buffering standards prior to a building permit, that a decommissioning agreement be filed before construction, and that the applicant provide legal confirmation (attorney or surveyor finding) that deed restrictions do not prohibit the proposed development prior to obtaining a building permit. The roll-call vote recorded one "no" and otherwise showed the motion carried.
The board’s action balances the town’s stated interest in renewables with neighbor protections: staff will track required buffering plans and the decommissioning agreement as conditions of the approval.
