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Legal opinion says certain special permits extended to 2027 under Mass Leads Act; board will monitor Kinser Drive/solar project
Summary
Gardner’s city solicitor advised that the Mass Leads Act (acts of '24) extends approvals active during 2023–2025 by two years from the original expiration, which the board concluded likely extends a stalled solar project’s special permit to 2027; members agreed to file the opinion in the project record and monitor National Grid’s review status.
The board reviewed a legal opinion about the effect of the Mass Leads Act (referred to in meeting remarks as chapter 2238 of the acts of '24). The city solicitor’s conclusion — read to the board by staff — said that any approval in effect during the act’s defined period (01/01/2023–01/01/2025) is extended for two years from the original expiration date, and that the special permit at issue therefore likely extends to December 2027.
Members discussed a similar earlier case (the Clark Street matter) and noted that courts consider whether a project has taken reasonable steps toward performance; one committee member recommended the project proponent be prepared to show what work has been done if the permit’s extension is later challenged.
The board asked staff to add the solicitor’s opinion to the project portal/file for Kinser Drive (the solar project) and to monitor the file for any changes in ownership or agency (National Grid) approvals that might affect the timetable. Staff confirmed comments and legal documents will be placed on the online portal so applicants and board members can retrieve them.
No formal votes were taken beyond direction to maintain the legal opinion in the project file and to track the permit status through 2027.
