Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Solar Policy topic
No spam. Unsubscribe anytime.
Town counsel: Dover Amendment limits planning board's power to bar church solar arrays
Summary
Town counsel advised the board that the Dover Amendment applies to ground‑mounted solar on exempt uses and limits the planning board's ability to deny a special permit except where denial is necessary to protect public health, safety or welfare; the Church of the Messiah described proposed arrays and said the project will reduce electricity costs.
Town counsel Mario Keith advised the Planning Board that ground‑mounted solar on religious or educational properties is covered by the Dover Amendment and that the board's authority to deny a special permit is limited to cases where denial is necessary to protect public health, safety, or welfare. "No zoning ordinance or bylaw shall prohibit or unreasonably regulate the installation of solar energy systems ... except where necessary to protect the public health, safety, and welfare," Keith said, summarizing the statute's guardrails for local regulation.
Thomas Carey, representing the Church of the Messiah, described the proposed ground‑mounted array and a solar carport over existing boat/RV parking; he said the church expects a payback period of about 4.5 years and estimated roughly $490,000 in energy savings over 25 years. The board discussed fire department referrals and vegetation‑management conditions; after the presentation members indicated they were comfortable moving toward a positive motion to take up at the next meeting, conditioned on referrals and final plan changes.
