Gilford's attorney says solar panel farm not 'accessory use' in residential area; applicant granted time to study opinion

GILFORD — After getting an opinion from the town attorney that Will Drew's request for a solar panel farm on a residential lot at 16 Kimball Road doesn't meet the definition of an "accessory use" under the town's zoning ordinance, the Planning Board decided to table his request to give his attorney time to study the opinion.

Drew wants to build 370 raised solar panel racks that will hold 1, 480 3-foot by 4-foot solarvoltaic panels on a 1.4-acre portion of his property in the field adjacent to the intersection of Rte. 11-B (Weirs Road) and Rte. 11-C (Lily Pond Road).

The panels will generate enough electricity to power eight of the homes he has on the property and his plan is to sell the balance into the Public Service of New Hampshire grid. The application has been before the board since February 27 and has been through at least two public hearings.

Last week, Drew was represented by attorney Phil Brouillard, who expressed his clients frustration by telling the members that "we will not stand for making it up or flying by the seat of your pants."

Brouillard said there is no ordinance in Gilford that covers solar panels but he and Drew believe it is a worthwhile project and want the Planning Board and Planning Department to assist them in making it a reality.

He said there's no smoke, no colors, "just electricity that goes back into the grid," and that he didn't want to hear a lot of unnecessary stuff that's not in the ordinance."

That there is nothing in the ordinances is what troubles Town Planner John Ayer and the town attorney, who said the proposal "does not constitute a reasonable use of the site for the purposes permitted" according to the contents of RSA 362-A:1.

The draft proposal presented to the board by the attorney said Drew's proposal for energy production of more that 22 times the amount he would use on the property is not a "subordinate use" but would be a "principal use" of the property.

In previous meetings, many Planning Board members have said the amount of electricity being generated borders on a commercial use as opposed to an ancillary use for a residential area.

Abutters were primarily concerned with screening the solar field from view and the general appearance of the field once the solar stands and panels are installed.

One man wanted to know if it was even possible to mow the grass once the stands had been installed. Another said he was concerned about glare and run off but Drew said the panels would be angled away from Route 11-B.

Although the board voted to table the site plan proposal, the suggestion from the attorney was to have the Planning Board deny the request and have Drew appeal the decision to the Zoning Board of Adjustment, asking for a variance.