Richmond Zoning Board Meeting for May 1, 2023

By Cynthia Drummond for BRVCA
May 2nd 2023

RICHMOND – Last night, at their May 1 meeting, members of the Zoning Board of Review approved a special use permit for the construction of a commercial solar energy facility at 172 Beaver River Road.

The approval follows a court decision by Rhode Island Superior Court Judge Sarah Taft-Carter, issued on March 31, directing the board to issue the permit to property owner William Stamp Jr. and G.D. Richmond Beaver River I, LLC.

There was no discussion at Monday’s four-minute meeting, which was also attended by Stamp and his attorney, John Mancini.

Town Solicitor Karen Ellsworth explained that the vote was a “formality,” in order to comply with the court decision.

“The board has to vote to grant the special use permit because that was what the judge said you had to do,” she said.

The motion to grant the special use permit was made by board Chair Nicholas Solitro and seconded by Louise Dinsmore.

Some history

The court decision upholds an appeal of the Zoning Board’s denial of the application in Feb. 2020.

Named as defendants in the appeal were the Town of Richmond, Zoning Board Vice Chair Jeffrey Vaillancourt and board members Sean Carney, Chelsea Battinger, Daniel Jarstfer, and Lindsay Hannon. Also named were former zoning official Russel “Bo” Brown, and abutting property owner John Peixinho, one of the founders of the Beaver River Valley Community Association.

Taft-Carter’s decision concluded that the reasons for the board’s denial of the application were neither factually nor legally supported and directed the board to issue the special use permit without delay.

Stamp, and GD Richmond Beaver River I, first proposed the project in 2018. The 5.3-megawatt array would occupy about seven acres of the 41-acre property, located in the Beaver River Valley which, in 2021, was added to the National Register of Historic Places.

Peixinho has restored the Samuel Clarke Farm, which is also listed on the National Register and abuts the field proposed for the solar array. Peixinho has opposed the application, citing the importance of preserving one of the town’s few remaining historic, cultural landscapes.

What happens now?

The last avenue for opponents of the project is to file a petition for a writ of certiorari asking the Rhode Island Supreme Court to review the Superior Court decision.

Both the town and Peixinho have said that they intend to file petitions. Peixinho has hired appellate attorney Tom Dickinson and the council voted to file a separate petition on behalf of the town. Ellsworth said Tuesday that she was preparing the legal memorandum that would accompany the writ.