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Wareham Planning Board approves Fearing Hill Road solar under court settlement; chair votes yes "with deep regret"

The settlement with developer Wareham MA 3, LLC included fewer panels, a ban on battery storage, protections for nearby wells and reforestation, The Wareham Week reported. The chair voted yes "with deep regret and great sadness."

By the SC360 Town Hall Desk | Published Nov. 11, 2026 | Last verified Nov. 11, 2026, 10:17 p.m. ET

WAREHAM Wareham's Planning Board approved a revised decision for the solar array off Fearing Hill Road on Monday, Nov. 9, keeping to the terms of a court settlement with the developer after years of opposition from neighbors, The Wareham Week reported.

The vote was 4-0 with one abstention, according to the Week. Chair Jane Gleason voted in favor "with deep regret and great sadness," the paper reported, and said, "We have been painted all the way into the corner."

The town has until Friday, Nov. 13 to finalize the decision, a court-imposed deadline, and Gleason said missing it could cost Wareham the concessions it negotiated with the developer, Wareham MA 3, LLC, an outcome she called "detrimental and costly," the Week reported. Board members worried that a missed deadline could send the case back to court and put the negotiated protections at risk, and they agreed to finish the amended document for signatures and filing before Friday.

What the settlement changes

The board first denied the project in July 2025, and the developer sued the town, according to the Week. After arbitration and a court hearing, the two sides reached a settlement earlier this year.

That agreement included fewer solar panels, a ban on battery storage systems, protections for nearby wells and reforestation requirements, the Week reported. The final revisions the board reviewed Monday require reforestation after the array is decommissioned and cut certain maintenance requirements from 10 years to three, which members described as the industry standard, according to the paper.

The item came before the board as a continued public hearing for Wareham MA3, LLC at 91 and 101 Fearing Hill Road, listed for "review and discussion of revised decision following court remand; final decision and authorize signing."

Years of opposition

The plan would put about 18 acres of panels on a site of about 44 acres of undeveloped woodland across the road from homes, and building it would require clear-cutting the site, the Week reported in June 2024. The Conservation Commission denied the project on Nov. 16, 2022, citing harm to nearby wetlands, vegetation and wildlife. The state Department of Environmental Protection overturned that denial on May 10, 2024, after the Massachusetts Historical Commission found no historic or archaeological material on the site, according to the Week.

Residents have opposed the array over tree removal, flooding, possible groundwater contamination and the effect on wildlife. Protesters gathered outside a Planning Board meeting in September, which member Sam Corbitt described as standing room only, the Week reported. On Monday, Corbitt recalled a resident who was shocked at how long the fight had lasted, with some meetings running "till 11 o'clock at night."

State zoning law limits how far a town can go, since under General Laws chapter 40A, section 3, no zoning ordinance or bylaw may prohibit or unreasonably regulate the installation of solar energy systems, except where necessary to protect the public health, safety or welfare. When the project returned to the board in 2024, member Carl Schultz said "the law is the only thing we are allowed to consider" and that Massachusetts law favors solar development, the Week reported then.

South Coast 360's Nov. 6 preview of the vote has more on the project and the court remand.

What happens next

A second large solar proposal is still before the board: a site plan for Parallel Products Solar Energy LLC at an existing sand or gravel pit at 320 County Road. The board opened that hearing Monday and continued it to Monday, Dec. 14, at the request of attorney Michael Mineau, who asked for time to submit updated plans for the town's peer review, the Week reported.

South Coast 360 has asked Director of Planning Joshua Faherty for the signed amended decision, the settlement terms, the court and case number, and which member abstained, and will add his answers to this story. The Planning and Community Development office is at Memorial Town Hall, 54 Marion Road, 508-291-3100, ext. 6500. Wareham Media's recording of Monday's meeting is posted on its YouTube channel.

Label: Reported by us, from the town's posted records.

Notes

The vote, the quotes from Monday's meeting, the settlement terms and the Nov. 13 deadline come from The Wareham Week's report on the Nov. 9 meeting, credited in the story. The agenda wording comes from the town's posted Nov. 9 agenda, the solar rule from the General Laws, and the project's history from the Week's June 2024 reporting. Each date and weekday was checked against a calendar. South Coast 360 has asked the Director of Planning for the signed decision and the settlement and will add his answer.

Corrections

No corrections to this story. If something here is wrong, tell us. Every correction is dated on the story and listed in our public log.

Sources (7)

  1. The Wareham Week: Planning Board approves Fearing Hill solar farm "with deep regret" (Erin Darling, Nov. 9, 2026)The 4-0 vote with one abstention, Gleason and Corbitt quotes, the court-imposed Nov. 13 deadline, the July 2025 denial, lawsuit, arbitration and settlement, settlement terms and final revisions. Read Nov. 11, 2026.
  2. The Wareham Week: Hearing on County Road solar project continued to December (Nov. 9, 2026)320 County Road hearing opened Nov. 9 and continued to Dec. 14; applicant and attorney. Read Nov. 11, 2026.
  3. Town of Wareham, Planning Board Agenda, Monday, Nov. 9, 2026Item 3, 10-24 Wareham MA3, LLC, 91 and 101 Fearing Hill Road, under continued public hearings; item 4, 26-17 320 County Road (Solar); Dec. 14 schedule line for Parallel Products Solar Energy. Read Nov. 11, 2026.
  4. The Wareham Week: Fight for Fearing Hill solar project fires up again (Liam Mayo, June 24, 2024)Acreage, woodland, clear-cutting, Conservation Commission denial Nov. 16, 2022, Historical Commission survey, MassDEP ruling May 10, 2024, Carl Schultz quote. Read Nov. 11, 2026.
  5. Massachusetts General Laws, chapter 40A, section 3The solar energy systems paragraph. Read Nov. 11, 2026.
  6. Town of Wareham staff directory: Planning and Community DevelopmentJoshua Faherty, Director of Planning; Memorial Town Hall, 54 Marion Road, 508-291-3100, ext. 6500. Read Nov. 11, 2026.
  7. Wareham Media: Wareham Planning Board Meeting 11/9/26 (48 minutes, posted Nov. 10, 2026)Meeting recording. Listing Read Nov. 11, 2026.

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