News and events in Southborough, MA

Above: One of the old growth trees purportedly cut down behind closed fences as part of the under-appeal solar array project on St. Mark’s land. (contributed photos)

It may come as a surprise to learn that St. Mark’s School has been clear cutting trees for installation of its approved solar array on Sears Road.

(It was to me. Frankly, their project had dropped off my radar.)

This week, I learned about the clear cutting. But it’s some background details that really caught my attention. Earlier this spring/summer, a direct abutter appealed the project approval. Based on the pending appeal, the Building Inspector rejected St. Mark’s application for a building permit.

To move forward, St. Mark’s asked the Worcester Superior Court to summarily dismiss the appeal motion. Along with the school’s attorneys, Town Counsel Aldo Cipriano showed up to argue in favor of the school’s request.

(Presumably, that was justified as defending the actions of a Town Board. But it may hit a sore spot with some residents. During Park Central and Flagg Road hearings, residents complained about the Town’s perceived tendency to pay counsel to defend developers’ projects rather than objecting-residents’ rights.)

The judge rejected St. Mark’s request to dismiss. Instead, he green lighted moving forward with the discovery phase of the case.

After the ruling, the Building Inspector reversed his earlier decision and issued a building permit to the school. I asked Building Commissioner Mark Robidoux what the newer decision was based on. I wondered if it based on guidance from counsel, a Town official, or board. His response:

On the advice of Counsel and due to pending litigation, I cannot comment on any aspect of this.

As for the Planning Board’s approval last spring, unfortunately, there is no publicly posted record of it yet. (And no news coverage.)  [click to keep reading…]

Tagged as: st-marks-solar

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