The Supreme Judicial Court of Massachusetts (“Court”) addressed in a June 2nd Opinion application of the City of Waltham, Massachusetts, (“Waltham”) zoning code to the construction of a solar energy system. See 2022 WL 1789794.
The question involved whether an access road to the system could be built in a residential area even though it was a commercial use.
Tracer Lane II Realty, LLC (“Tracer”) was seeking to construct a solar energy system in Lexington, Massachusetts. The solar energy system would be constructed on property zoned for commercial use. However, a necessary access road would have to be constructed on property zoned for residential use.
Waltham informed Tracer that the access road was a commercial road and therefore could not be built in an area zoned residential.
The question the Court dealt with on appeal was whether the Massachusetts…