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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We reach a different conclusion.  Where, as here (and as the two other board members found), the Legislature has protected the proposed use pursuant to G. L. c. 40A, § 3, ninth par.; the proposed use is allowed within the town with a special permit; the project as described in the application complies with all relevant local zoning requirements, including those specifically adopted to address tree removal for solar electric installations;[2] and the town has not adopted any regulations prohibiting projects that require tree removal, the board's decision exceeded its "discretionary power of denial."  Wendy's, 454 Mass. at 383, quoting Britton v. Zoning Bd. of Appeals of Gloucester, 59 Mass. App. Ct. 68, 74 (2003).  The denial of the application in the circumstances presented here was contrary to the legislative goal of promoting solar energy and rested primarily on the subjective beliefs of one board member.  We therefore vacate the judgment entered in the board's favor.[3]

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