Solar Panels Upset Tranquility at Aiki Farms

Bob Burns is a farmer, an Aikido instructor, a political activist and a member of the Ledyard Congregational Church. He is credited with organizing the very successful Ledyard Farmers Market, where he can be found on Wednesday afternoons during the summer. 

Approach him and he might invite you to sample his bean spouts, or ask you to sign a petition opposing genetically altered foods.

Burns started Aiki Farms in 2000 on family-owned land off Shewville Road. It integrates organic farming with spirituality, meditation and martial arts instruction.

Until about three years ago, the farm had been “break-even solvent,” he said.

That was before the solar panels.

On more traditional New England farms, solar panels might look out-of-place.  On this New Age farm the panels blend right in, as fitting as the large torpedo-shaped bell and striker that hang by the front entrance, just waiting for some visitor to “invite it to ring.”

But the $30,000 solar panels have brought anything but peace and tranquility to this place of enlightenment. Originally, Burns said he had hoped to receive a USDA Rural Development Grant to help finance the panels. But he was denied, he said, because the project had commenced before the grant was approved. 

He ended up taking a second mortgage on his house to pay for the two panels.

Received approval from town 

Burns submitted a site plan to the town. It showed the location of the solar panels and also a new greenhouse on his property. According to Zoning Commission Chairman Eric Treaster, Burns was issued a certificate of zoning compliance for the solar panels by then-Zoning Official Scott Duffus.  

“In essence, Mr. Burns submitted a site plan for the solar panels and the greenhouse. We approved it, Scott signed off on it,” Treaster said, although he said Duffus may have signed off only on the solar panels, and not the greenhouse.

Based on that approval, Burns was issued a certificate of occupancy by Building Official Randy Dalton.

Except something didn’t look right, Treaster said. Town zoning regulations require the panels to be set back at least 75 feet from the center of the road. “They just looked way too close,” he said, “and Shewville Road is a scenic road.”

While Treaster was unaware of any complaints from neighbors, the town nevertheless took measurements from the center of the road to the solar panels and found one of the panels to be inside the 75-foot set back requirement by about 10 feet. The greenhouse also was about 10 feet too close to the road.

Treaster called the error an example of “sloppiness” on the part of Duffus, who is no longer working for the town. Both the certificate of zoning compliance and certificate of occupancy were rescinded, he said.

Turned down by ZBA

Burns went before the Zoning Board of Appeals, hoping to receive a variance based on economic hardship. He said the cost to move the one panel alone would be about $8,000.

His request was denied.

“A request based purely on economic hardship is usually not sufficient,” Treaster said. But Burns said his request was dead on arrival.

“I’m a martial arts instructor,” he said. “When I walked into that room I felt nothing but negative energy” from ZBA members, adding that the decision was unanimous.

“I’m not a contractor. I don’t know all about setback requirements. I’m old Ledyard,” Burns said. “They failed, and now they’re throwing the book at me.”

“The book” arrived in the form of a notice from the town advising Burns that he was at risk of being issued a zoning citation, under which he could be fined $150 a day for every day he was in noncompliance. 

Burns said that Dalton, during a visit, told him it would be cheaper to move the solar panel than to deal with a zoning citation. Burns estimated the fine could total as much as $15,000 going back to March 2010, when his certificate of compliance was rescinded.

“I told Dalton he could take my farm,” Burns said. “I’ve given everything I can to the farm and to this town. I can do no more.” 

Treaster acknowledged that the notice to Burns might have been a bit extreme.

“The zoning citation is intended for simple violations for which there is an easy remedy, like a sign that was put in the wrong place,” said Treaster, adding that the controversial enforcement tool has never before been used in Ledyard.

At its July 28 meeting, the Zoning Commission modified its position, voting to have Dalton issue Burns a cease and desist order for the solar panels and greenhouse. Treaster said the commission recognized that this is not an easy fix. “Those panels are anchored in a huge piece of concrete,” he said.

But it was necessary to take some enforcement action against Burns, he added, because failure to do so within a three-year period would result in the violation becoming a “lawful nonconforming structure.”

“We have to treat everyone fairly,” he said. “This is an ordinary zoning violation and it will be treated in an ordinary manner.”

Failure to comply with a cease and desist order often results in a court date, Treaster said. “Basically, we just decided to turn it over to the court and let a judge worry about it.”

Mayor Allyn weighs in

Mayor Fred B. Allyn Jr., another “old Ledyard” guy with a special fondness for solar panels, sympathized with Burns.

“In a nutshell, the town’s agent didn’t do his job correctly,” he said, referring to Duffus. “We screwed up.”

Allyn was quick to add that Dalton, in his opinion, acted properly.

But to anyone who thinks solar panels are an eyesore, he said, “Do you really think they would be any less of an eyesore if they were moved back 10 feet?”

If the matter ends up in court, Burns said he would have a fund-raiser at his farm to help cover the costs. Meanwhile, he said, the solar panels are reducing his energy costs by about 50 percent.

Which was the whole idea in the first place.