[MassHistPres] Solar Energy Systems

Mon Dec 8 15:53:20 EST 2008

The consultant is referring to Chapter 40A, s. 3 (zoning).

Judi Barrett
Director of Planning
Community Opportunities Group, Inc.
129 Kingston Street, Third Floor
Boston, MA 02111
Boston Office: (617) 542-3300, ext. 308
Home Office: (781) 834-7324
Cell: (617) 455-8641

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From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of blever3043 at aol.com
Sent: Monday, December 08, 2008 1:59 PM
To: masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] Solar Energy Systems

In Newton an installation not very visible from the street was approved on a
new house in one of our local districts.  We have another application
pending on a historic building, so I am also interested in the experiences
of others.  A solar consultant quoted some chapter to me (not 40C) stating
it was illegal to unduly restrain solar installations.  Has anyone heard of
that as well.

Brian Lever

In a message dated 12/6/2008 1:40:28 P.M. Eastern Standard Time,
Dcolebslade at aol.com writes:

I note the following relevant parts of Chapter 40C:7 and of Chapter 40A:1A.

Could we have feedback on experience in other historic districts on granting
or not granting certificates for solar energy systems?

Thank you.
Betty Slade, Westport

-----Original Message-----
From: Dcolebslade at aol.com
To: masshistpres at cs.umb.edu
Sent: Sat, 6 Dec 2008 1:37 pm
Subject: [MassHistPres] Solar Energy Systems

I note the following relevant parts of Chapter 40C:7 and of Chapter 40A:1A.

Could we have feedback on experience in other historic districts on granting
or not granting certificates for solar energy systems?

Thank you.
Betty Slade, Westport

Chapter 40C, Section C:7, lines 13-17.

Chapter 40C: Section 7. Factors to be considered by commission 

Section 7. In passing upon matters before it the commission shall consider,
among other things, the historic and architectural value and significance of
the site, building or structure, the general design, arrangement, texture,
material and color of the features involved, and the relation of such
features to similar features of buildings and structures in the surrounding
area. In the case of new construction or additions to existing buildings or
structures the commission shall consider the appropriateness of the size and
shape of the building or structure both in relation to the land area upon
which the building or structure is situated and to buildings and structures
in the vicinity, and the commission may in appropriate cases impose
dimensional and set-back requirements in=2 0addition to those required by
applicable ordinance or by-law. When ruling on applications for certificates
of appropriateness for solar energy systems, as defined in section one A of
chapter forty A, the commission shall also consider the policy of the
commonwealth to encourage the use of solar energy systems and to protect
solar access. The commission shall not consider interior arrangements or
architectural features not subject to public view. 
The commission shall not make any recommendation or requirement except for
the purpose of preventing developments incongruous to the historic aspects
or the architectural characteristics of the surroundings and of the historic
district. 

Chapter 40A, Section 1A
http://www.mass.gov/legis/laws/mgl/40a-1a.htm

Chapter 40A: Section 1A. Definitions 

Section 1A. As used in this chapter the following words shall have the
following meanings: 
"Solar access", the access of a solar energy system to direct sunlight. 
"Solar energy system", a device or structural design feature, a substantial
purpose of which is to provide daylight for interior lighting or provide for
the collection, storage and distribution of solar energy for space heating
or cooling, electricity generating, or water heating

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