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16 Great Neck RoadNorth <br />wlashyee, _Massachusetts o2649 <br />Review draft Planning Board Annual Report 2022 and potential vote to submit to Town <br />Managers Office for February 13, 2023 submission deadline. <br />Ms. Waygan wrote this annual report based on previous reports. Mr. Lehrer stated there were <br />28 meetings held, including a couple special meetings. Ms. Waygan asked the Board for input. <br />He included every action taken for special permits, subdivisions, and zoning contemplations in <br />the report. The Board approved Mr. Lehrer the go ahead to add further details. No vote was <br />needed for such authorization. <br />OLD BUSINESS <br />Zoning Bylaw Amendments Proposed for May 2023 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 vs. City of Waltham case. <br />There is a Solar Energy Systems bylaw memo summarizing the industrial land in town. There <br />are 1,394 acres zoned 11 in Mashpee. However, 1,160 of those acres are located on JBCC. <br />That leaves 234 acres (1.7%) of total acreage in the industrial district for medium or large <br />ground mounted solar energy of overall land for by site plan review. This solar is affectively <br />prohibited in 98.3%. Right now they are allowed by site plan review, he would maintain plan <br />review. Ms. Waygan stated that would be a change to the draft. Any medium or large scale <br />shall be allowed after special permit for any other zoning district other than 11. Right now on 11, <br />solar energy is allowed by site plan review. <br />Mr. Lehrer stated this is only the special provision section and the draft has all zoning districts. <br />Ms. Waygan would like to fill in the chart to see where everyone is comfortable putting medium <br />and large scale systems. <br />Ms. Faulkner commented the bylaw proposal will be for medium and large scale solar systems <br />in R3, R5, C1, C2, C3, and Industrial will allow all sizes. She would like to dissect the Tracer <br />Case up through the Supreme Court and give an understanding and her reasons why they <br />should not have solar in residential. When that case came about, the first thing they looked at <br />was 1985 General Law Chapter 40A Section 3. "It was amended to include solar energy <br />systems as a protected use. No zoning ordinance or bylaw shall prohibit or unreasonably <br />regulate the installation of solar energy systems, or the building of structures that facilitate <br />solar energy, except where necessary to protect public health, safety, or welfare." The <br />developer owned commercial land in Lexington and owned residential land contiguous with <br />that in Waltham. He wanted to build an access road on the residential land in Waltham to get <br />to the solar job site. The Building Inspector in Waltham would not allow that because the <br />access road would be in residential and used to access commercial. When he brought suit in <br />Land Court, Land Court interpreted MA law as saying the structures that facilitate the collection <br />5 <br />