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01/18/2023 PLANNING BOARD Minutes (2)
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01/18/2023 PLANNING BOARD Minutes (2)
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1/29/2025 2:35:02 PM
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Mashpee_Meeting Documents
Board
PLANNING BOARD
Meeting Document Type
Minutes
Meeting Date
01/18/2023
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16 Great Neck RoadNorth <br />wlashyee, -Massachusetts oz649 <br />Mr. Balzarini made a motion to approve the Tripartite Agreement as presented and to <br />sign the agreement. Seconded by Mr. Richardson. All in favor. <br />Mr. Lehrer only needs a majority of the Board, so everyone present signed the agreement <br />except Ms. Faulkner. Ms. Waygan inquired if everyone was signing voluntarily for the stated <br />purpose, as their names were going to be notarized. Everyone acknowledged yes. <br />Zoning Bylaw Amendments proposed for May 2023 Town Meeting <br />- Correspondence from Town Manager's Office <br />Ms. Waygan commented that Mr. Collins is setting a deadline of Monday, February 13, 2023 <br />for submittal of any warrant articles to the Select Board for the May Town Meeting. <br />- Review and discuss current zoning regulations pertaining to Solar Energy Systems, <br />recently submitted amendments to the zoning bylaw for Solar Energy, and contemplate <br />amendment pathways that are consistent with MGL Chapter 40A Section 3 in <br />consideration of Tracer Lane II Realty, LLC v. City of Waltham case. <br />Mr. Lehrer brought new material to the Board's attention for solar energy proposal. He <br />included the petition articles that have been filed as well as the Solar Energy Overlay District. <br />Chapter 40A Section 3 prohibits the town from unreasonably regulating solar energy systems <br />throughout the town. That was affirmed by the recent court case, restricting the use to only a <br />single district only. In Mashpee it is restricted solely to Industrial, which is only a small area. <br />As Mashpee is in similar standing it has been advised by Counsel to reevaluate solar to be <br />consistent with Chapter 40A Section 3. There are options before the Board, where to go <br />policy wise, as there has been no decision made one way or the other. <br />Ms. Waygan would like to submit something. <br />Ms. Faulkner stated small scale and roof mounted are by right, but medium and large scale <br />are by special permit, and she asked if that was in every zoning district. <br />Mr. Lehrer confirmed that medium and large scale are only allowed in the Industrial District. It <br />can be approved without special permit, it would just need review through the Site Plan <br />Review Committee. We currently allow small scale ground mounted solar throughout the <br />town. <br />Ms. Waygan supports medium and large scale solar throughout the commercial districts: C1, <br />C2, C3 and 11. If a residential property is interested, they need to come before the Board and <br />do an overlay. She would like to strike R3 and R5 and if the Town Planner gets a proposal <br />they can work out that overlay. The Select Board rejected this because it originally was <br />presented as town wide. <br />3 <br />
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