03/23/2020 BOARD OF SELECTMEN Agenda Packet

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To: Andrew Gottlieb, Chair, Board of Selectmen From: Evan Lehrer,Town Planner 'Date: March 16, 2020 Re: Amended Solar Zoning Articles Following our conference call last week with Town Counsel, I walked away with the following understanding: 1. our current zoning bylaw that limits the development of ground-mounted solar arrays to only the Town's industrial districts is not unreasonable and is lawful under MGL Chapter 40A section 3. 2. The Town may wish to further regulate the development of medium and large scale,solar energy systems at a future Town Meeting, but enable small scale solar energy systems as an accessory use in all zoning districts, In response to the issues raised-1 have drafted four articles relative to solar zoning for your consideration.They are intended to maintain what is currently allowed for solar-development in the industrial zoning districts, but specify that those restrictions only apply to medium and large scale solar energy systems. I propose a minor amendment in the Table of Use Regulations, 174-25(H)(12) to accomplish this. Further, I propose adding new section 174--25 (1)(16): Small Scale solar energy systems so long as any such system does not exceed 15' in height.This enables small scale systems in-all districts and builds in the height restrictions that previously existed in a new`Special Provisions' chapter into the use table. I propose withdrawing that Special Provisions chapter as it is specific to the issuance of a special permit. This chapter is no longer relevant given what is now proposed does not involve review and/or approval by a special permit granting authority. If the Town wishes to further regulate based on the criteria discussed:.limiting to already disturbed areas, minimum open space/undisturbed area requirements etc. it should occur in that Special Provisions chapter. Lastly, I suggest adding new section 174-25(l)(17): Roof Mounted Solar Energy Systems to memorialize that roof mounted systems are indeed allowed and not prohibited. I look forward to continuing the discussion about how to handle medium and large scale solar development with the Planning Board and Board of Selectmen.over the coming months.