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Date: 7/23/2015
EAST?LONGMEADOW – The Zoning Board of Appeals (ZBA) recently ruled unanimously in favor of an appeal against Building Inspector Daniel Hellyer regarding a permit Hellyer issued for the construction of a ground-mounted solar array at 76 Mapleshade Ave.
ZBA Chair Mark Beglane told Reminder Publications Hellyer erroneously believed the town’s bylaw, which outlaws ground-mounted solar power systems in a residential district, was in violation of a state law.
The bylaw allows ground-mounted solar arrays in industrial areas, he noted.
The state law – Massachusetts General Law 40 Chapter A – states that no zoning bylaw shall prohibit the installation of solar energy systems.
Although this is true, Beglane noted that the town’s bylaw does not prohibit ground-mounted solar arrays; it regulates where they can be located in accordance with the statute and the town’s bylaw, which was created by the Planning Board.
“The town had gotten an opinion by the Attorney General to get [the solar array zoning bylaw] passed at Town Meeting that basically said that it wasn’t an unreasonable regulation,” he added.
According to a statement from the ZBA, the administrative appeal was prompted by the Planning Board and was submitted to the ZBA on May 7. A public hearing on the appeal took place on June 29.
During the public hearing Hellyer stated that he had not consulted with Town Counsel James Donohue prior to making his decision to issue the permit, the ZBA decision states.
Director of Planning Robyn MacDonald said the town’s bylaw also requires a ground-mounted solar array to be approved by the Planning Board prior to approval from the building inspector.
She added the board first became aware of Hellyer’s decision from a relative of a neighbor of the property who brought this issue before the board.
The property is owned by Steven Pelletier, who planned to build the ground mounted solar array to save money, according to the ZBA ruling.
“They were very concerned that this project was going to go through,” MacDonald said. “This was in April because the permit was granted on April 28 by the building inspector.”
This is not the first time Hellyer’s conduct as building inspector has been questioned.
In June 2014 resident John Turner met before the Board of Selectmen alleging that Hellyer did not act upon reported zoning violations and did not properly report the findings of some of his inspections. Turner cited more than 40 complaints regarding properties, which Hellyer agreed to re-inspect. On June 30, 2014 Hellyer reported most of the complaints were unfounded and he found a total of six ticketed violations and two additional infractions.
Also, during the July 1, 2014 Planning Board meeting Selectman William Gorman accused board members of using unsavory tactics in regard to the board’s discussion of decisions made by Hellyer. Gorman also defended Hellyer during the Board of Selectmen’s meeting in June 2014.
The board took issue with the plans for the Great Wood XI subdivision, which did not match the plan that was approved. The new plan did not meet the proper setback requirements and a foundation was laid without a building permit.
Rick Granger, representing Dan Roulier and Associates, developer of the site, told the board he believed the plan had the proper setbacks and showed the updated plans to Hellyer, who agreed.
Planning Board member Michael Carabetta, who then served as the chairman, noted that Dan Roulier and Associates had begun working on the foundation and had not received a building permit.
Planning Board member Ralph Page said the developer needed to come before the board in order for the amendment to be approved.
Hellyer was not present during the July 1, 2014 meeting.
The relationship between building inspectors and Planning Board members was also addressed by the Charter Commission during its July 9 meeting.
Page, who is also a member of the commission, recently visited Wilbraham to gain feedback on its form of government.
He noted that one notable difference from East Longmeadow is that Wilbraham’s Planning Board and building inspector work hand in hand during meetings.
“They have to get along in the same room,” Page said. “They’re a few feet apart from one another. It was the simplest way to do it.”
When contacted for comment, Hellyer indicated he would provide a written statement, but did not as of press time.