[MassHistPres] solar panels in historic districts

[Chris Skelly]

Ricardo, 

 

The language in MGL Chapter 40C on solar energy systems does not prevent the
regulation of solar panels.  Here is the language from 40C.  "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."

 

Also, note that the town of New Salem does NOT have a MGL Chapter 40C Local
Historic District.  New Salem Common Historic District is a National
Register District designated in 1978.  

 

For those cities and towns with local historic districts including language
within your design guidelines on solar panels is highly recommended.  If you
think you will be updating your design guidelines in the near future, let me
know as I may have some photos or materials that would assist you.  

 

Chris.

 

Christopher C. Skelly

Director of Local Government Programs

Massachusetts Historical Commission

220 Morrissey Boulevard, Boston, MA 02125

Ph: (617) 727-8470 / Fax: (617) 727-5128

 <mailto:Christopher.Skelly at state.ma.us> Christopher.Skelly at state.ma.us

 <http://www.sec.state.ma.us/mhc/mhcidx.htm>
http://www.sec.state.ma.us/mhc/mhcidx.htm

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From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of TaMara Conde
Sent: Friday, September 02, 2011 9:56 PM
To: masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] solar panels in historic districts

 

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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