Mattapoisett Zoning Board Gets Sued for Rejecting Solar Farm

A Mattapoisett board said "no" to a California solar developer, and now the town is facing a lawsuit.

The civil complaint filed by NextGrid, Inc. in Massachusetts Land Court alleges that the Zoning Board of Appeals acted in an "arbitrary and capricious" manner when in November it denied a special permit for a 1-megawatt array on 19 acres on Bowman Road.

The Dec. 9 complaint argues that the ZBA denied the project even though it approved two other larger solar farms in town that have the same residential zoning, The Mattapoisett Wanderer reports. It further alleges that ZBA members "acted in gross negligence and in bad faith."

NextGrid says it will lose $132,000 in tax credits by not starting the project by the end of 2019. The company is seeking compensation for direct damages as well as legal costs.

The project was opposed by many neighbors. Mattapoisett does not have a solar bylaw.