11/20/2019 PLANNING BOARD Minutes

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applacartfor a subdavtszon approval sulimat pxoposed stz eet layout design that aptzmtzes exposer e of futzsre butldattg�to solarpatlaways FoN;exazr4ple, hen constderzng solaN exposure, �._._ Csreet layyouts shouldrnaxzmzze the distance ofsheets that stretch east west{horizontally)arrc north south vertical) and nzznzmzze streets that run dza onallhtr aezlztates the Zaeement- of buzldngs tivith the War—,zzs stretching east we �whzleaazntanzng t7�ezr orteiztatcota to the -j street Streets or ientetl diagonally dascourage�aetual south facing o�tentatton to maxtntzz�solat- ene-^gy_lrarvestingWith regard to the second paragraph of Section 913,extensive research has yet to identify an instance in Massachusetts where a Special Permit was used specifically to establish a solar easement on a neighboring property. Nor has any district or overlay district been identified where this type of Special-Permit is specifically offered. The challenge with trying to establish any such district or permit provision is the implication that one property owner could impose a restriction on another. Further,these restrictions would likely reduce the development potential of that neighboring property. Even with an extensive outreach process for the purposes of a zoning change,it is extremely difficult for property owners or the community as a whole to agree to a"down zoning"proposal. The prospect of town meeting or city council agreeing to establish zoning allowing this outside of a formal zoning change-through a permit application-while not impossible,seems unlikely. While the mechanics of this statutory language may seem too controversial to overcome,it is important to understand the intent. The viability of solar energy systems depends on access to sunlight. If future development of neighboring buildings will preclude such access,then that viability will disappear. Furthermore,in discussions about other important design standards— stormwater management,sustainable'landscaping, and passive techniques for energy savings— the use of tree plantings and preservation has become more of a prominent goal'in site development. The goal,in many instances,is to create shade. While these techniques can be effective,they can certainly create.conflicts where sunlight may be required on a neighboring property for solar energysystems. Communities looking to foster opportunities for rooftop or ground-mounted facilities must. consider the potential for these competing goals moving forward. While Chapter 40A Section 9B may be limited in its ability to resolve these conflicts,there are other techniques a community may consider to protect solar access; Transfer of Development Rights (TDR). This technique might be applied in densely developed urban areas where the proximity and height of tall buildings could preclude the ability to install an effective solar energy system..Through incentives,a TDR program could be used to limit the height of a building to ensure sunlight exposure to another. These development rights could then be sold to another property where increasing the height will not cause any problems for adjacent property owners. Urban TDR programs that potentially transfer building height from one site to another can be found in Seattle, WA and Providence,RI. -6-