[MassHistPres] Solar Panels

[Dennis De Witt]

Mike

MGL 40c simply says: “the commission shall also consider the policy of the commonwealth to encourage the use of solar energy systems and to protect solar access.”

Perhaps someone knows of a CMR or case law strengthening that soft language.  I do not.  

On the face of it, that does not seem to trump your normal regulatory review including disallowing solar panels or limiting their use and location for cause.  As obvious examples, they might be precluded from slate roofs or houses more than X years old or where dormers and chimneys might result in a hodge podge of panels — while at the same time you might allow photovoltaic shingles in some cases where panels were disallowed.  

It would seem preferable (but not mandatory) to have added a section to your guidelines covering solar installations and skylights before a case comes to the commission.

Dennis De Witt
Brookline
 



On Jul 8, 2015, at 7:13 AM, Mike <mikepotaski at hotmail.com> wrote:

> The Town's Building Department has informed me that the Historic District Commission will be getting an application to install roof-top solar-electric panels on a building in the Historic District.
>  
> Does the MGL and/or CMRs that govern sustainable energy/solar-electric panels contain any wording that supercedes an Historic District Commission's authority to preserve the appearance of the historic district?
>  
> Michael Potaski
> Chairman, Uxbridge Historic District Commission
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