Consideration of large-scale solar power projects in the city has been put on hold – although some critics say the action does not go far enough.

At a special meeting Jan. 23, the City Council unanimously approved an amendment ordinance instituting a nine-month moratorium for commercial solar energy installations

The vote followed a roughly hour-long executive session with members of the city solicitor’s office.

“Unfortunately, I think it’s the best that we can do at this time,” Ward 4 Councilman Edward Brady said.

“I'd agree with Mr. Brady, I think this is the best we can do at this time,” Citywide Councilman Steven Stycos said. “And I think the solar situation is horrendous, but that's where we are.”

The council voted again on the measure at its regular meeting Monday. Council President Michael Farina said the second vote, which was also unanimous, was needed because the ordinance had already been advertised on the meeting’s docket at the time the special session was scheduled.

At the meeting of the council’s Ordinance Committee on Jan. 17, consideration was given to amending the moratorium ordinance to alter the definition of the point at which a project is considered “vested.”

The language that was originally proposed, and ultimately passed, makes the issuance of a certificate of completeness from planning staff – a key step in the master plan approval process – the vesting point. At the Ordinance Committee meeting, Farina made a motion that would have made master plan approval from the Planning Commission the vesting point, but later withdrew that motion and called the special council meeting based on concerns the amended wording would result in legal challenges.

“To change the rules now for this Natick project would put us in a precarious position ... Changing the rules of the game would open the city up to a lawsuit,” Farina said Jan. 23.

Two large solar projects remain in progress – a proposed 8.1-megawatt facility off Natick Avenue being developed by Southern Sky Renewable Energy RI LLC and a roughly 3.1-megawatt installation on top of a capped landfill off Pontiac Avenue. Both of those projects are set to go before the Planning Commission during its meeting Feb. 5 in Council Chambers at City Hall. The proceedings will begin at 7 p.m.

The Natick Avenue project has drawn sharp opposition from many abutters, neighbors and others in the community, who argue such large-scale projects in rural, residential areas negatively affect quality of life and have other drawbacks for the city.

During the Jan. 23 special council meeting, Robert Murray, the attorney representing Southern Sky, reiterated statements made at the committee level that a change in the solar moratorium language that affected the Natick Avenue project – which has been issued a certificate of completeness, but is awaiting master plan approval after two public hearing continuations by the Planning Commission – would result in legal action. He framed the issue as one of “fundamental fairness.”

“We shouldn’t change the rules midstream here,” he said. “We should be allowing the Natick Avenue solar project to move forward without the cloud of this moratorium … We’re so far down the road, if the council were to change the rules, we’re going to have to react somehow.”

Others, however, urged the council to change the vesting point.

Jessica Marino, a Natick Avenue resident who has spoken frequently at meetings regarding solar issues, rejected Murray’s argument and said the council’s primary concern should be protecting the interests of residents.

“If there is any fundamental unfairness going on, it would be if this moratorium were passed in its current form,” she said.

Narragansett attorney Patrick Dougherty, who is representing abutters of the Natick Avenue project site and other concerned residents, asserted that the city’s code and past Rhode Island Supreme Court decisions are supportive of more restrictive moratorium language. He also said approving the proposed moratorium language would be tantamount to “allowing extra rights for one person, one developer.”

“The whole thing here is, there’s a problem … You wouldn’t be spending your night here at a special meeting, coming in and contemplating a moratorium, if you didn’t already recognize that there were major problems with this ordinance and the impact it’s had on the residents in the city,” he said.

Dougherty said the Natick Avenue project “screams out for a moratorium right now,” and asserted that the city’s existing solar ordinance “has not been subject to a legitimate challenge.”

“We’re going to actively challenge no matter what happens with this,” he said.

Council members, however, said they would rely on the advice of legal counsel and planning staff.

“We need to do this. It’s not just about Natick [Avenue] … We might get an influx of new applications if we do nothing,” Ward 6 Councilman Michael Favicchio said.

He later added, “I’m in support of this moratorium and I’m in support of this ordinance.”

Lippitt Avenue Douglas Doe, a frequent critic of large-scale solar projects, said the moratorium is “long overdue.”

“Devastation has been wrought by this [existing] solar ordinance,” he said, urging the council to conduct a broad-based and inclusive review while the moratorium is in place.

The moratorium language states that the city has not “amended or comprehensively reevaluated” its Comprehensive Plan and zoning code – which allow for large-scale solar developments by right in certain zones, including A-80 residential – since 2015.

“Existing ordinances, zoning regulations, and land development performance standards are fragmented and are lacking several key provisions necessary to ensure the strictest standards for visual, aesthetic and neighborhood compatibility,” the moratorium language reads. “Concerns have arisen from the general public and the State of Rhode Island as a whole about the degree of performance standards and siting concerns governing these ‘installations.’”