By Guy Page
Voters in a town already home to a major wind turbine project went to the polls Saturday to decide whether to spend $50,000 to fight a controversial 30-acre, 4.9999 megawatt solar power project. The result in Lowell, the western-most town in Orleans County: an 86-86 tie.
The original tally was 87-86, but one ballot – a Yes – was spoiled because it was signed by the voter. That left the final vote deadlocked. The selectboard is asking the Vermont Secretary of State’s Office for direction about how to proceed, Lowell resident and WDEV news director Lee Kittell announced on Monday’s episode of the Vermont Daily Chronicle’s Hot Off The Press.
The selectboard called an all-day special meeting of all 757 of the town’s registered voters to decide, by Australian (ballot booth) vote, to settle this question: “Do you as a town resident support the Lowell Selectboard spending money not currently in the budget to pay for legal representation in navigating the PUC (Public Utility Commission) to stand against the Northland Solar Project Case# 25-2346-PET.”
An official of the PUC, the state’s energy project regulator, ruled in November to not grant the town’s petition for more time to review Northland’s application for a Certificate of Public Good (CPG). A public hearing on the Northland project was scheduled for last week.
In Vermont, energy projects typically receive the thumbs up or thumbs down at the state level. Act 248, not Act 250, oversees solar power project permit. And unlike Act 250, which provides opportunities for local and regional regulatory pushback against projects, Act 248 invests the PUC with decision-making authority. That’s why the selectboard is seeking financial support to pay for a lawyer at the upcoming CPG hearings, rather than simply decide on the project at the local level.
Critics of the Northland plan point to the loss of a large swath of prime agricultural land which has produced hay for local cows for over a century. And unlike the Kingdom Community Wind project, which showered the town with revenue resulting in one of the state’s lowest local property taxes, Northland has not been particularly generous with financial benefits to offset the perceived downsides of the project.
The Lowell Selectboard had sought the funding after raising doubts about the project’s tax benefits – reportedly a mere $2,000 – and the developer’s responsiveness to town concerns. With the tie vote, the board has not yet decided whether to hold a revote, even as a key Public Utility Commission evidence deadline looms at the end of January.
MHG Solar has offered concessions, including setbacks from Route 100, continued access for a VAST snowmobile trail, and donating land for a community garden and sledding hill, according to a report in the Newport Daily Express. However, town officials noted these promises may not carry over if the property changes hands. The town’s legal challenge focuses on the PUC approval process.