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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[11] Under the bylaw, large-scale ground-mounted solar electric systems are allowed as of right only on a parcel of town-owned land consisting of 5.16 acres located near National Grid transmission lines, and all other proposed large-scale solar electric systems require a special permit.  In the absence of a challenge to the bylaw, "the rule of law [is] that there is a presumption in favor of the validity of a municipal ordinance or by-law."  Canton v. Bruno, 361 Mass. 598, 608 (1972).  Thus, we do not address the issue whether the town's scheme, including the special permit requirement, is valid.  But see Tracer Lane, 489 Mass. at 781 (outright ban of all large-scale solar energy systems in all but one to two percent of municipality's area is impermissible).  We do note, however, that "the special permit may not be imposed unreasonably and in a manner designed to prohibit [a use protected by G. L. c. 40A, § 3], nor may the permit be denied merely because the board would prefer a different use of the locus, or no use."  Prime v. Zoning Bd. of Appeals of Norwell, 42 Mass. App. Ct. 796, 802-803 (1997).

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