ATHENS – Site preparation work for the Freepoint Solar Farm on Potic Mountain Road is set to begin shortly. Geotechnical investigations are currently being conducted to assess the ground composition at the site, according to Town Supervisor Michael Pirrone.
Geotechnical Investigations Underway
“They’ve got to test the ground to see whether it is solid rock (or something else). What exactly? I really don’t know,” Pirrone said. “It’s to know where to drill for the solar panels.”
While construction has not yet started, Freepoint Solar LLC, the developers, have already established access roads to the woodland property on Potic Mountain Road. Pirrone explained, “They went in and made access roads so they can bring the machinery in to do the geotechnical investigation by bringing in a boring machine that goes down and brings up silt.”
Boring, a process of enlarging a pre-drilled hole, is expected to take only a few days. However, a definitive start date for this phase has not been provided to Pirrone.
Legal Hurdles Overcome by Developers
This upcoming work marks the first significant activity since the town lost its appeal in a legal case initiated by the developers. The proposed solar site is located in an area zoned for residential use. Freepoint Solar LLC had initially sought a use variance from the Athens Zoning Board to permit the construction of the solar farm.
The Athens Zoning Board denied the use variance in September 2021, prompting Freepoint to file a lawsuit against the town in October 2021. A state Supreme Court decision on August 18, 2022, ruled that Freepoint had incorrectly applied the standard in the town’s law. Following this, Freepoint reapplied to the board and was again denied.
After the second denial, the company filed another lawsuit in the state Supreme Court, which was dismissed on April 9, 2024. Freepoint appealed this decision and achieved a victory in December 2024 when a state Appellate Court overturned the Supreme Court’s ruling. The Appellate Court determined that the solar project qualified as a public utility, granting it an exception to local town law.
The Town Board, at its January 2025 meeting, had agreed to challenge the December 2024 Appellate Court ruling. However, the town’s appeal was denied on June 18, according to court documents.
“The lawsuit is over with, again, the appeals division ruled in their favor to be able to submit their applications to the planning board,” Pirrone confirmed regarding the conclusion of the legal proceedings.
Town Amends Solar Energy Regulations
In August 2024, the town amended one of its local laws concerning the regulation of solar energy systems. These regulatory changes were implemented to ensure that proposed solar energy projects are environmentally responsible and to streamline the review process.
The initiation of site preparation signifies a major step forward for the Freepoint Solar Farm project, following a protracted legal battle that ultimately favored the developers.
Source: https://www.dailygazette.com/hv360/news/business/athens-freepoint-solar-farm/article_719959ba-1f72-428f-8e47-50740e63fd1b.html
