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

The Massachusetts Supreme Judicial Court ruled that the Town of Petersham Zoning Board of Appeals (Zoning Board) did not provide “reasonable opportunities” to build solar energy systems, as required by Massachusetts law, when it denied a special permit for a large-scale ground-mounted solar energy system. The court concluded that a special permit for such a project could not be denied unless denial was “necessary to protect public health, safety, or welfare,” a determination that requires “individualized and site-specific reasons.” The court described the Zoning Board’s denial as based on “generally applicable concerns about tree cutting,” which in a town that is 97% forested would effectively constitute a “blanket prohibition” on large-scale ground-mounted solar energy systems. The court found that because Massachusetts law (the solar provision of the Dover Amendment) requires that “sylvan as well as urban communities” provide reasonable opportunities for solar energy facility development, the denial of the special permit was improper. The Supreme Judicial Court directed that the matter be remanded to the Zoning Board for further proceedings.