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Appeals court hears challenge to Petersham zoning board denial of large ground‑mounted solar project
Summary
Sumpkin Energy asked the Appeals Court to overturn a zoning board decision and the Land Court's summary judgment that together blocked a proposed large ground‑mounted solar array in Petersham. Appellant counsel said the town’s Section 18 clearing rules and state precedent mean the board may condition but may not deny most solar projects; the ZBA
Sumpkin Energy appealed a Petersham Zoning Board of Appeals denial of a proposed large ground‑mounted solar array, arguing the ZBA improperly applied local tree‑clearing standards in a way that amounts to a de facto prohibition of large‑scale solar in the town.
Why it matters: The appeal tests how local bylaw standards that limit vegetation clearing interact with Chapter 40A's protections for solar energy systems and recent appellate guidance such as Tracer Lane and similar decisions addressing municipal limits on siting large solar projects.
Jim Martin, counsel for Sumpkin Energy, told the panel that Petersham’s adoption of a Section 18 bylaw governing vegetation removal did not, and could not, give the ZBA authority to impose…
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