[MassHistPres] solar panels in historic districts

[TaMara Conde]

To All,

MGL 40C is a one paragraph statement which says that no ordinance will be created that restricts the use of solar panels. This is to state that solar panels are considered as of right and includes historic districts. Having said that there is very little definitions as to what as of right means. Since there is little case law that has been brought against the denial of solar panels it is hard to say what would happen if it went to court.

In our town of New Salem we passed solar electric by-laws which defines the solar overlay district and what as of right means. New Salem has a historic district which is not designated as of right on the. Our by-laws state that any property owner can put up to 10kW of solar power on the building structure with out a special permit. Systems larger than 10kW would require site plan review which in our town is well defined for power plants up to 1MW.

The reason our town passed these by-;aws was to define what as of right means under MGL 40C. With out specifications anyone can challenge the objection in court and probably win. If you want to institute sight plan review for historic districts it would be best to pass solar by-laws with sight plan review on historic buildings. This is of course voted by the town and there is case history in favor of established zoning by-laws which include site plan review and if challenged would fair much better in court.

Attached are the by-laws passed in New Salem and can be modified to include additional restrictions under site plan review for historic districts.

Ricardo Conde
New Salem Energy Committee  
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