Denial of Site Plan Approval Cannot be Based Solely on the Purpose Provisions of the Planning Board’s Regulations
Mojalaki Holdings sought site plan approval from the Franklin Planning board for a solar panel array that required installing new utility poles and cutting down mature trees so the solar panels can receive sufficient sunlight. It would sit on about six and a half acres of the approximately 96 acres of land owned by Mojalaki. The City’s site plan review regulations had no ordinance language specifically addressing solar panel arrays. Neighbors to the project raised concerns about impacts to the local scenery and general distrust of solar projects due to prior bad experiences.