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Regarding large-scale ground-mounted solar energy systems,DOER is unable to provide <br /> a definitive interpretation of unreasonable regulation under Chapter 40A Section 3. As <br /> drafted,the model,zoning accompanying this Guidance allows large-scale.ground- <br /> mounted solar energy systems in most zoning districts via Site Plan Review. It prohibits <br /> such systems in one residential district and allows them upon issuance of a special permit <br /> in another residential district. This approach recognizes that some communities presently <br /> require a Special Permit to install a large-scale ground-mounted solar energy system, <br /> and/or restrict such facilities to certain districts. Given the plain language of the statute, <br /> DOER believes that it is prudent for communities to allow large-scale ground-mounted <br /> solar energy systems somewhere in the community.At the same time,these systems are <br /> by definition large, even if they have relatively benign impacts compared to other land <br /> uses. Thus,a higher.degree of municipal control over the location and permitting of such <br /> systems may not be inconsistent with the Chapter 40A Section 3 mandate that regulations <br /> be reasonable and necessary to protect public health,safety,or welfare. <br /> DOER acknowledges that this Guidance represents our own understanding of state law <br /> and has made every effort to carefully research this issue. While DOER believes our <br /> interpretation is reasonable we anticipate that local municipal counsel may offer a <br /> different interpretation and that communities will need to consider these alternatives <br /> moving forward. <br /> 4) Unreasonable Regulation. A Zoning Bylaw/Ordinance may provide performance <br /> standards for the installation of small-,medium-and large-scale ground-mounted and <br /> roof-mounted solar energy systems,which can be reviewed by the Zoning Enforcement <br /> Officer or through Site Plan Review. However,if the application of these standards <br /> would effectively preclude the installation from happening,this could violate state law <br /> unless the protection of`.`public health,safety or welfare"is being advanced. <br /> Chapter 40A Section 9B and Chapter 187 Section lA <br /> With regard to the first paragraph of Section 9B, communities across the country have already <br /> incorporated standards or incentives for orientation of buildings and streets in a manner that <br /> optimizes solar exposure. Much of the language developed at the local level has used standards <br /> within the Leadership in Energy and Environmental Design(LEED) system as a starting point. <br /> �Coznr�ientazy It should al o be noted that orientation of streets zs generally regulated through" <br /> localubdtvasoon rules and regulatzons as enabled"byL Chapter 4I Sectzorcs 81Mand 8 <br /> �znong other thongs, the purpose of the sz<bdzvtszon control law zs-to pro ect the afety, <br /> tnd� o f bggconveniene dn f yz ge layifa <br /> ng out and= <br /> construction of ways iz2 subclavzsaons Chapter 4Z Section 81 Q also states that the rules and <br /> rregulortzons may encourage the use of solar energy systems and protect to the extent feasable the <br /> �access�to dared sunlight bf so'Zar energy srysteyns _- _ � <br /> �Conatx�unztzes generally have two o7i_hons vuyth regard to streetlayout znsubdavoszons t7oey can> ,��� <br /> either provide tJze"z equzred lzyout of the sheets al2ead of time, orthey.can reguz e ghat=tlie ".. <br /> -5 - <br />