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16 Great Neck Road North <br />Nashpee, .Massachusetts 02649 <br />Ms. Waygan stated if we were to tell them to treat that water like a treatment facility it would be <br />a big cost. This is planning runoff on your property onto vegetative swales over vegetated <br />areas. <br />MOTION: <br />Mr. Balzarini made a motion to submit this amendment of 174-27.2 to the Select Board. <br />Seconded by Mr. Richardson. All in favor. <br />Ms. Waygan noted this will be on the agenda on Monday, the Select Board asked anyone to <br />submit amendments to show for questioning. The Planning Board and Planning Department <br />may be called on to answer questions. <br />CHAIRMANS REPORT <br />Ms. Waygan went to the last Select Board meeting and gave them an update on the LCP and <br />encouraged everyone to participate. The only thing she misspoke about she said the meeting <br />with the Tribe was September 11, 2022. <br />Mr. Lehrer is confident it is Sunday, September 11, 2022. <br />TOWN PLANNER REPORT <br />Adequacy of Solar Zoning in consideration of MGL Chapter 40A Section 3 <br />Mr. Lehrer wanted to provide an update relative to solar zoning. There was a new piece of <br />case law that came out of the Supreme Court in June that caused him to question the <br />adequacy of our solar zoning regulations. The Dover Amendment does not allow the <br />unreasonable regulation of solar energy facilities. We limit the development of such systems to <br />only industrial districts. At the time, performance standards went to the Select Board and <br />Counsel said the town was covered. He did request Town Counsel review this particular case, <br />and asked if their opinion has evolved based on this ruling, and it has. What the judge ruled, in <br />40A, Section 3 seeks to encourage the development of solar energy. When you artificially limit <br />the potential development to a land area ratio so unsubstantial, it doesn't seek to encourage it <br />acts as a deterrent. In Waltham they limited solar to only industrial districts, which was 2% of <br />the overall land area, which is nothing. The judge ruled it was not encouraging and the plaintiff <br />won. The Mashpee industrial area is composed of 8% of the overall land area. The vast <br />majority of the industrial land is on Joint Base Cape Cod. With that being said, the 8% is <br />actually far less. That argument could be made we aren't encouraging solar development and <br />if someone were to seek a permit for large scale and go through the process of denials locally, <br />it would get overturned without adequate performance standards. Mr. Lehrer would suggest <br />they reevaluate the solar zoning or they can regulate this, as long as a logical argument is <br />16 <br />