Committee to apply new state climate law when reviewing solar applications, counsel’s letter says

The Old Kings Highway Committee of the Town of Yarmouth read a letter on Jan. 27 from the commission’s administrative counsel clarifying how a recently enacted state law will affect future rulings on solar installations.

The letter, dated Jan. 24 and signed by James R. Wilson, states that Governor Maura Healey signed Chapter 239 of the Acts of 2024 on Nov. 21, 2024. It says the law added a definition to Section 3 of the Old Kings Highway Regional Historic District Act and amended Section 10A to add a new criterion for certificate-of-appropriateness decisions. The letter quotes the new definition: “solar energy system … shall mean a device or structural design feature, a substantial purpose of which is to provide for the collection, storage, and distribution of solar energy for space heating or cooling electricity, generation and water heating.”

Wilson’s letter also quoted the new decision criterion: “Notwithstanding any general or special law to the contrary, the commission committee shall give substantial weight to the threat posed by climate change and the Commonwealth statewide obligation to meet greenhouse gas emission limits and sublimate[s] established under chapter 21N when ruling on applications for certificate of appropriateness for solar energy systems.”

The committee chair read the letter aloud at the start of the meeting and told members that copies are available at the Old Kings Highway office and that Lisa Sherman, the committee’s office administrator, can provide them. The chair said the topic will appear on the committee’s next agenda so members can discuss it in full; no substantive discussion or questions were taken at the Jan. 27 meeting because the letter arrived too late to be posted on the agenda.

Committee member Miss Argo told the committee she had submitted a pending resignation and said she would recuse herself from deliberations that evening, though she would continue to attend meetings as an interested party.

Why it matters: The change directs local historic-district committees to weigh climate and the state’s greenhouse-gas limits explicitly in COA decisions for solar installations. Wilson’s letter recommends that when a committee denies an application for a solar energy system it should “specifically address in its deliberations this added criterion and record into the written denial specific overriding factors that support the denial decision.” The committee indicated it will discuss how to apply the guidance at its next meeting.

Copies of the letter will be made available at the Old Kings Highway office; Lisa Sherman was identified as the staff contact for copies and questions. The committee said the item will be placed on the next meeting agenda for further consideration.