City Solicitor Edward Pikula is recommending that the city retain an engineering firm to assist Springfield in responding to an ongoing state review of the project
Springfield City Solicitor Edward Pikula, left, is seen here with City Council President Jose Tosado in these file photos.SPRINGFIELD – The Law Department has advised the City Council, in a new legal opinion, that a proposed wood-burning plant in East Springfield does not require an additional special permit from the council.
City Solicitor Edward M. Pikula, in his prepared summary of the opinion, said he does recommend that Springfield hire an engineering firm to assist the city in submitting comments to the state Department of Environmental Protection during an ongoing state review of the project.
Some opponents to the biomass plant had urged the council to either revoke a prior special permit in 2008, or require the developer, Palmer Renewable Energy to obtain a new permit. The opponents have raised concerns that the project would worsen air pollution and harm public health.
The developer says the proposed plant is safe and will have to conform with air quality and monitoring requirements.
“Based on the solicitor’s legal opinion, it would appear that the City Council has been removed from the process and that indeed PRE does not require a special permit,” Council President Jose F. Tosado said. “The city’s hands are really tied.”
Summary of Legal Opinion on Palmer Renewable Energy
Tosado said he strongly urges the city to hire an air quality engineering expert, as recommended, to have input on the state permit process.
Pikula said that changes to the project since 2008 do not trigger the need for a special permit. The developer plans to burn green wood chips, replacing an earlier plan to burn a mix of wood chips and construction and demolition debris.
Under the current plans, the city's code enforcement commissioner, in considering a future building permit “would be warranted to allow the proposed use on this property located in an area zoned ‘Industrial A’, even without a special permit,” Pikula said.
Tosado, who opposes the biomass plant, said the solicitor’s opinion that no special permit is required is “a shocker.” Councilors asked for the legal opinion.
Pikula previously warned the council that it would have to show “just cause” if it were to revoke the prior council permit.
Massachusetts DEP Draft Conditional Approval of Palmer Renewable Energy East Springfield Biomass Plant Prop...