NEWTON TWP. — The Newton Township had a public hearing on September 24 regarding a conditional use of a proposed solar farm from Newton Solar 1 on Summit Hills Golf Course on Country Club Road and adjacent to the PennDot stormpile on Hillside Drive. Solicitor Bob Sheils announced a request of ordinance signed by Jeff Malak representing New Leaf Energy. Supervisor Douglas Pallman confirmed that the deed of the land has restrictions. He expressed concerns about the possible affect the welfare of the residents.
“If we don’t know a solar farm is an allowable use in the property that is restricted, are we in a position to satisfy the fact that we say, ‘Well, the essential character of the neighborhood or district, in which this use if being proposed, have ever been changed?”, he said. “I think if we weren’t looking at the fact that it has specific restrictions in it, it’s hard to to argue the fact that we’re not changing the essential character of the neighborhood for our residents. And that’s one of my biggest concerns.”
During public comment, Newton Township resident Maggie Koehler gave a petition with 136 signatures from residents who are against a solar farm. She said that the covenant under Summit Hills Realty has been lifted on June 6, 2024 without her knowledge. She said that New Leaf Energy stated there is a $100,000 reserve in case of panels breaking.
“That is a very low number from the research I’ve done,” she said. “I’m very concerned that Newton Solar 1 is appears to be a limited liability shell corporation with minimal to no assets and will probably doing management fees to New Leaf Energy and other higher-end entities,” she said. “Basically, it’s going to be impossible to clear the corporate of the people who don’t have any money if this thing goes belly up or if we have land problems in the future.”
Koehler also mentioned that there has been many recent denials of a solar farm including Scranton, Lehman, Nanticoke, Pine Township, and Mercer County.
“Everyone in this room is going to hope that our respected supervisors will also have the courage to just say no,” she said.
Newton Township resident Sarah Stella mentioned that an environmental impact study, which was available during the previous meeting. She said that the study didn’t speak about not only the safety of the homeowners but also the safety of the wildlife. She said that the Health and Safety Report testified that there isn’t hazardous materials or any potential contamination, but the documentation that was provided mentions the first layer under the glass being cadmium.
“It’s either inappropriate of they’re trying to convince us of or their testimony isn’t accurate,” she said.
Stella said that the study reveals that there will be yellow glass under the farm.
Attorney Ernie Preate said that the appliances doesn’t have clarity to which parcels are involved in the solar farm. He also said that New Leaf Energy doesn’t have/ approval from the governor not the approval of the Commonwealth of Pennsylvania regarding restrictions, limitations, and conditions as far as agriculture, horticulture, forest, and wildlife.
“When you’re evaluating this, you must look at what has been submitted and whether it meets the standard of proof that’s required before you can grant any exceptions to the zoning law, also to whether or not there is any standing you can ever present this application without the approval of the Commonwealth of Pennsylvania,” he said.
After an executive session, Pallman said that the supervisors have concerns about the language in both the original and updated deeds.
“Without any documentation, letters, (or) any type of documents that indicate that the solar farm is allowable use under these restrictions concerns us greatly,” he said.
The supervisors voted to sign to deny the conditional use of a solar farm. A written decision will be provided within 45 days and from that day, New Leaf Energy will have 30 days to appeal.
