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16 Great Neck Road North <br />Aashpee, Aassachusetts 02649 <br />provided that intends to preserve the health, welfare, and safety of residents of the town. The <br />language of unreasonable regulation went into the Mass Zoning Act into the late 80's. The <br />state has operated without a ruling on what is reasonable. This is the first case where a judge <br />ruled on the reasonableness of a restriction. <br />Ms. Waygan inquired about the percentage a town needed for industrial and commercial <br />development. Could there be a town that had no commercial zone, is a town allowed to do that <br />in Ma? She referenced solar car ports. We will try for May Town Meeting. <br />Mr. Lehrer noted it's all about the encouragement language. He feels like the town of Weston <br />is mostly residential. We allow all that, this is for large solar facilities. <br />Mr. Hansen asked if there was a way of getting a town classified as small town rural that would <br />evade this if you were able to define the detriment. <br />Mr. Lehrer noted it has to be a sound legal argument. If we can provide a detrimental impact <br />that is logical, sure. We don't have an opportunity to evade state statute, but if we can come up <br />with a valid argument on the restriction impacting health, safety, and welfare. If we are to go <br />that route we will invite Counsel to meet with us. <br />Ms. Faulkner commented that they are putting statutory protection for local solar energy way <br />above land use for education, religion, and childcare, which allow for such reasonable <br />regulations. This is being put on a high platform and it will be hard to go against. <br />Mr. Lehrer agreed, this is of the same platform that allows religious and educational institutes <br />to build their missions. <br />Ms. Waygan commented they will need to increase as there is already something written up <br />that did not make it on the Warrant. We have to think about increasing areas it's applicable to <br />and then resubmit. She would like a copy of that sent to everyone along with a map showing <br />where it is allowed. <br />COMMITTEE REPORTS <br />Cape Cod Commission- No Report <br />Community Preservation Committee- During Public Comment at the Select Board meeting, <br />Ms. Waygan asked that the CPC convene as she <br />knows of one application that has been submitted by <br />the Planning Department, in conjunction with the <br />17 <br />