HomeMy WebLinkAboutStaff Report - 2022-134 GMSOD Moratorium 2022 3251
Town of Barnstable
Planning and Development Department
Staff Report
Citizen Petition Article
Temporary Moratorium on the Construction of Large Scale
Ground Mounted Solar Photovoltaic Systems
Town Council Item No. 2022-134
Date: March 25, 2022
To: Planning Board Members
From: Elizabeth Jenkins, AICP, Director of Planning and Development
Kate Maldonado, Assistant Director of Planning and Development
Jim Kupfer, AICP, Senior Planner
A citizen’s petition to amend the Town of Barnstable Zoning, Chapter 240, has been submitted to the Town
of Barnstable Town Council and subsequently forwarded to the Planning Board. The Planning Board must
forward an advisory report with recommendations on the proposed citizen’s petition back to the Town
Council within 21 days after close of the Board’s hearing.
Specifically, the citizen’s petition seeks to establish a temporary moratorium on Large Scale Ground
Mounted Solar Photovoltaic Systems. The Petition in its entirety is attached. This proposed citizen’s
petition moratorium section “b” would establish the following:
No building permit, special permit or site plan approval decision may be issued in connection to or
for the construction of any large scale ground mounted solar photovoltaic system (of a certain size
later defined)
o In size of more than 150% of the documented average use of a residential, commercial,
business, municipal or agricultural application for an property which such system is
proposed, and not to exceed 35 kilowatts, (for a period of time later defined)
o For 11.5 months after the approval of said moratorium, or until sufficient deliberations by
the Town have been completed for the determination of its bylaws pertaining to such.
No Ground Mounted Solar Photovoltaic Overlay District may be adopted or imposed (in certain
locations later defined)
o Over a residential zone (for a period of time later defined)
o For 11.5 months after the approval of said moratorium, or until sufficient deliberations by
the town have been completed for the determination of its bylaws pertaining to such.
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The purpose of this moratorium is defined as, “to allow sufficient time to engage in a planning
process to address the effects of such structures and uses in the Town and to enact bylaws in a
manner consistent with sound land use, planning goals and objectives, or take any action related
thereto.”
Procedural Information
Zoning amendments are processed in accordance with Massachusetts General Laws (MGL) Chapter 40A
Section 5. Notice of this public hearing was provided in accordance with all requirements of MGL 40A§5.
The Planning Board must forward an advisory report with recommendations on the proposed zoning
amendment to the Town Council within 21 days after close of the Board’s hearing. The recommendation
of the Planning Board requires a simple majority of the Planning Board members present and voting.
Enclosed attachment
Temporary Moratorium on the construction of Large Scale Ground Mounted Solar Photovoltaic
Systems