Sunpin Energy Services, LLC v. Zoning Board of Appeals of Petersham

Summary

The Supreme Judicial Court held that the Petersham zoning board's denial of a special permit for a large-scale ground-mounted solar energy system violated the solar provision of the Dover Amendment, G. L. c. 40A, § 3, ninth par. Because the unanimity requirement made the dissenting member's statement of reasons the board's decision, and that decision rested primarily on generally applicable tree-cutting and forest-preservation concerns rather than site-specific findings, it operated as a blanket prohibition on large-scale solar in all but three percent of the ninety-seven-percent-forested town and was not shown to be necessary to protect public health, safety, or welfare. The court vacated the Land Court judgment and remanded for the board to perform the required site-specific and town-wide analyses rather than ordering the permit issued.