[MassHistPres] Solar Energy Systems

Mon Dec 8 17:29:31 EST 2008

Ah, but 40c is not zoning, so I should think that citation would not  
apply beyond the not very assertive reference in 40c.  (Same reason  
Dover doesn't apply to LHDs)

Just for something to put out on the table, here are some thoughts  
about solar panel guidelines.

Solar roof panels would be acceptable:
a) if the roof is not slate,
b) if the panels will lie flat on the roof surface,
c) if they are as unobtrusive in color, appearance, and placement as  
practical,
d) if no other features, such a dormers or chimneys are removed or  
compromised;
e) if there are no special circumstances or characteristics of the  
particular house that in the opinion of the commission outweigh the  
benefits of the panels,
f) in addition, to the extent possible, it is preferable that they be  
on a side or the rear rather than the front.

I'm not a lawyer, but I'd think that might meet the requirement of 40c.

Dennis De Witt

On Dec 8, 2008, at 4:28 PM, M Fenollosa wrote:

> The relevant language is as follows:
>
> " No zoning ordinance or by-law shall prohibit or unreasonably  
> regulate
> the installation of solar energy systems or the building of structures
> that facilitate the collection of solar energy, except where necessary
> to protect the public health, safety or welfare."
>
> and can be read at http://www.mass.gov/legis/laws/mgl/40a-3.htm
>
> Marilyn Fenollosa
>
> Judi Barrett (Home Office) wrote:
>
>> 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
>>
>> ------------------------------------------------------------------------
>> *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 <mailto: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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