Green Communities Act City Solicitor Letter April 12, 2010
Cliff Sullivan
Department of Energy Resources
Green Communities Division
100 Cambridge Street, 10th Floor
Boston, MA 02114
RE: MGL C. 25A, Section 10
Criteria 1: As-of-Right Siting RE/AE AND Criteria 2: Expedited Permitting
Dear Mr. Sullivan:
It is my opinion, as Northampton City Solicitor, that Northampton complies with the above referenced criteria, as detailed in the Massachusetts Department of Energy Resource’s Guidelines
for Qualifying (pursuant to MGL Chapter 25A, § 10 Communities Act.
Under Northampton’s zoning
Renewable Energy/Alternative Energy (RE/AE) Research and Development and RE/AE Manufacturing (or any other kind of R&D and manufacturing) are allowed by-right in any Special Industrial
or General Industrial Zoning District. (Zoning §350-2.1, Definition and Zoning §350-Attachment 1, Table of Use Regulations)
Site Plan approval is required for any construction over 2,000 square feet, but would not be required for conversion of existing space to RE/AE R&D or Manufacturing. For new construction,
the Site Plan approval for alternative energy Research and Development and/or manufacturing is guaranteed within one year. (Zoning §350-11.4, Requirements)
Yield Calculations
The Northampton Office of Planning and Development has done yield calculations for potential RE/AE Research and Development and Manufacturing uses. They report:
There are 588 acres zoned Special Industrial or General Industrial, of which approximately 400 acres is useable for RE/AE R&D and Manufacturing.
Approximately 60 acres is available on Greenfield or empty sites for RE/AE R&D and Manufacturing and the remainder is available by redevelopment of existing sites, expansions of existing
buildings and reuse of existing buildings.
As such, it is my opinion, as Northampton City Solicitor, that Northampton complies with MGL Chapter 25A, § Section 10 criteria 1 and 2:
Criteria 1 (As-of-Right Siting – Renewable/Alternative Energy) is satisfied because RE/AE Research and Development and RE/AE Manufacturing are allowed by-right in sufficient areas that
some of those areas are available to the market.
Criteria 2 (Expedited Permitting) is satisfied because the zoning guarantees site plan approval review for these uses within one year. There is nothing in Northampton’s rules and regulations
that would preclude the issuance of a permitting decision within one year.
Please feel free to contact me or Wayne Feiden, FAICP, Director of Planning and Development (413-587-1265 or WFeiden@NorthamptonMA.gov) if you need any further clarification.
Regards,
Elaine Reall
City Solicitor for City of Northampton