SUNPIN ENERGY SERVICES, LLC, & Another v. ZONING BOARD OF APPEALS OF PETERSHAM (2025)

Citation: SUNPIN ENERGY SERVICES, LLC, & Another v. ZONING BOARD OF APPEALS OF PETERSHAM (2025)
Parent Document: SUNPIN ENERGY SERVICES, LLC, & Another v. ZONING BOARD OF APPEALS OF PETERSHAM (2025)
Jurisdiction: Massachusetts (state)
Effective Date: 2025-07-09
Original Source: https://www.courtlistener.com/opinion/10625896/sunpin-energy-services-llc-ano... ↗

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VUONO, J.  This case pits two laudable environmental goals against one another:  the promotion of alternative renewable energy and the need to preserve forests to promote natural ecosystems.  The plaintiffs, Sunpin Energy Services, LLC (Sunpin), a California limited liability company, and Ralph P. Lapinkas, Jr., seek to build and operate a large-scale ground-mounted solar energy system (project) on rural private property owned by Lapinkas in Petersham (town).  The purpose of the project is to create electricity for sale directly to National Grid for distribution to its customers.  Installation of the project will entail extensive clearing of vegetation and trees on approximately fourteen acres of a twenty-four-acre parcel.  Due to the location of the project, Sunpin was required to obtain a special permit and site plan review from the zoning board of appeals (board), the town's special permitting authority.  Because the board has three members, a unanimous vote is required to grant a special permit.  See G. L. c. 40A, § 9.  Two members voted in favor of granting Sunpin's special permit application, and one voted against it; therefore, the application was denied.

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