“The Plaintiff, ASD Three Rivers MA Solar, LLC (“Three Rivers”), challenges a decision (the “Decision”) by Defendants, the members of the Planning Board of the Town of Wilbraham (the “Board”), denying Three Rivers’ application for a special permit to install and operate a large-scale, ground-mounted solar energy system (the “SES”) with associated site improvements (collectively, the “Project”) on 21.7 acres of land owned by Gilmar Realty, LLC located at 285 Three Rivers Road in Wilbraham (the “Property”). Three Rivers’ Complaint includes two counts: Count I challenging the Decision under G. L. c. 40A, § 17 as “unreasonable, arbitrary, capricious, not based upon evidence, and in excess of the Board’s authority,” and Count II challenging the Decision under G. L. c. 40A, § 3 as amounting to a “prohibition or an unreasonable regulation of the installation of solar energy systems.”
For the reasons discussed below, I find that each of the Board’s reasons for denial of Three Rivers’ special permit application as set out in the Notice of Decision is wholly unsubstantiated and does not support denial of the special permit. I further find that the denial unreasonably regulates the installation of solar energy facilities in contravention of § 3 of Chapter 40A, as discussed in Section III below. Accordingly, the Board’s Decision must be annulled and the special permit will be ordered to be issued.”
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April 5, 2021.