ANSONIA – Mayor David Cassetti’s administration has reached a settlement in a federal lawsuit brought by a developer that accused the city of preventing the construction of a solar farm on Benz Street.
The settlement agreement is part of an ongoing federal lawsuit brought by the solar farm’s developers, Allco Renewable Energy, against the city and utility companies last year.
The Connecticut Siting Council decides where solar farms can be placed. The council rejected the application in March 2021, but then reversed the decision on appeal in June 2021.
Neighbors and the Cassetti administration opposed the solar farm.
In the federal complaint, Allco alleged that the city had been “unlawfully stonewalling” development of the site, contrary to the development’s approval by the siting council.
The city and Allco reached an agreement on Sept. 13, but this agreement was not made public until Feb. 9.
Its terms include:
A $40,000 payment to the city, which the city plans to distribute evenly to nearby homeowners. The Board of Aldermen will likely vote on this on Feb. 13.
A yearly payment of $15,000 to the city in lieu of taxes for ten years.
Preservation of open space on Hill Street facing Sharyl Drive.
If the $40,000 is distributed evenly to all households affected by the development, that would equal about $1,111 per household.
A resident who lives near the project said the dollar amount isn’t enough.
They argued that development has disrupted life in the neighborhood and that the completed project may lower their home values.
“We look across the street and it’s god-awful,” Melissa Bimmler said. “There used to be beautiful trees. Now it’s just logs and overgrown grass, and in the summer you have to be afraid of ticks.”
Bimmler said she would have preferred if development was stopped altogether.
The settlement agreement is the latest chapter in a years-long fight over the land between Allco, the city, and the state.
An Allco subsidiary bought the land in 2019, and in 2020 Allco petitioned the Connecticut Siting Council for permission to build the solar farm.
Since winning the approval from the siting council in 2021, Allco alleged that the city had made development on the site impossible by refusing to tie the property into the stormwater system, according to the federal complaint.
The city said in a letter announcing the settlement that those requests were rejected because the city did not receive “adequate assurance that the developer would follow all protocols established and approved by the siting (council).”
Allco received permission to tie in to the stormwater system last October, about a month after settling with the city. It also received permits to begin construction.
Allco’s lawsuit also named the United Illuminating Company as a defendant, with Allco alleging that the electric company had refused to connect the developers to the electric grid. That matter has not been resolved and is still in court.
Thomas Melone, the CEO of Allco, told The Valley Indy in an email that residents were free to voice their concerns to the siting council when they were considering Allco’s petition. He also said that nearby homeowners were provided with Allco’s contact information and could call to express concerns.
The settlement agreement can be viewed here (on pages 26 – 30 of the pdf). The Board of Aldermen meeting where the $40,000 payment may be voted on can be accessed virtually through this Zoom link 7 p.m. Feb. 13.