ACTS, 1985. - Chaps. 636, 637.
VETERANS SERVICES TO PAY A CERTAIN SUM OF
MONEY TO THE TOWN OF ADAMS FOR CERTAIN
VETERANS BENEFITS PAID BY SAID TOWN.
Be it enacted. etc.. as follows:
There shall be allowed and paid out of the state treasury to the town
of Adams, subject to appropriation and subject to the approval of the
commissioner of veterans' services, a sum, not exceeding eight thousand
six hundred thirty-nine dollars and fifty-three cents as said town would
have been entitled to receive in reimbursement for veterans' benefits
paid by it in the years nineteen hundred and eighty-three and nineteen
hundred and eighty-four, under the provisions of section six of chapter
one hundred and fifteen of the General Laws. Said reimbursement not
being made because of a failure of said town to make a proper and
reasonable report thereof to said commissioner. As a condition of
payment of such sum said commissioner shall require said town to
present evidence that such sum was paid in compliance with section five
of said chapter one hundred and fifteen.
Approved December 23, 1985.
Chapter 636.
AN ACT PROVIDING FOR ONE ADDITIONAL JUSTICE
IN BOTH THE SPRINGFIELD AND WORCESTER
DIVISIONS OF THE JUVENILE COURT DEPARTMENT
OF THE TRIAL COURT.
Be it enacted, etc.. as follows:
The first paragraph of section 58 of chapter 218 of the General Laws,
as appearing in the 1984 Official Edition, is hereby amended by striking
out the first sentence and inserting in place thereof the following
sentence:- The Worcester and Springfield division of the juvenile court
department shall each consist of two justices, the Bristol county division
shall consist of three justices, and the Boston division shall consist of
five justices, all of whom shall be members of the bar.
Approved December 23, 1985.
Chapter 637.
AN ACT PROMOTING SOLAR ENERGY AND
PROTECTING ACCESS TO SUNLIGHT FOR SOLAR
ENERGY SYSTEMS.
Be it enacted. etc., as follows:
SECTION 1. Section lA of chapter 40A of the General Laws, as
appearing in the 1984 Official Edition, is hereby amended by inserting
after the definition of "Permit granting authority" the following two
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ACTS, 1985. - Chap. 637.
definitions:"Solar access", the access of a solar energy system to direct sunlight.
"Solar energy system", a device or structural design feature, a
substantial purpose of which is to provide daylight for interior lighting or
provide for the collection, storage and distribution of solar energy for
space heating or cooling, electricity generating, or water heating.
SECTION 2. Section 3 of said chapter 40A, as so appearing, is hereby
amended by adding the following paragraph:No zoning ordinance or by-law shall prohibit or unreasonably regulate
the installation of solar energy systems or the building of structures that
facilitate the collection of solar energy, except where necessary to
protect the public health, safety or welfare.
SECTION 3. The second paragraph in section 9 of said chapter 40A, as
so appearing, is hereby amended by striking out the first sentence and
inserting in place thereof the following sentence:- Zoning ordinances or
by-laws may also provide for special permits authorizing increases in the
permissible density of population or intensity of a particular use in a
proposed development; provided that the petitioner or applicant shall, as
a condition for the grant of said permit, provide certain open space,
housing for persons of low or moderate income, traffic or pedestrian
improvements, installation of solar energy systems, protection for solar
access, or other amenities.
SECTION 4. The fifth paragraph of said section 9 of said chapter 40A,
as so appearing, is hereby amended by inserting after the third sentence
the following sentence:- Such open land may be situated to promote and
protect maximum solar access within the development.
SECTION 5. The sixth paragraph of said section 9 of said chapter 40A,
as so appearing, is hereby amended by adding the following sentence:Such open space, if any, may be situated to promote and protect
maximum solar access within the development.
SECTION 6. Said chapter 40A is hereby further amended by inserting
after section 9A, as so appearing, the following section:Section 9B. Zoning ordinances or by-laws adopted or amended
pursuant to section five of this chapter may encourage the use of solar
energy systems and protect solar access by regulation of the orientation
of streets, lots and buildings, maximum building height limits, minimum
building set back requirements, limitations on the type, height and
placement of vegetation and other provisions. Zoning ordinances or
by-laws may also establish buffer zones and additional districts that
protect solar access which overlap existing zoning districts. Zoning
ordinances or by-laws may further regulate the planting and trimming of
vegetation on public property to protect the solar access of private and
public solar energy systems and buildings. Solar energy systems may be
exempted from set back, building height, and roof and lot coverage
restrictions.
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ACTS, 1985. - Chap. 637.
Zoning ordinances or by-laws may also provide for special permits to
protect access to direct sunlight for solar energy systems. Such
ordinances or by-laws may provide that such solar access permits would
create an easement to sunlight over neighboring property. Such
ordinances or by-laws may also specify what constitutes an
impermissible interference with the right to direct sunlight granted by a
solar access permit and how to regulate growing vegetation that may
interfere with such right. Such ordinances or by-laws may further
provide standards for the issuance of solar access permits balancing the
need of solar energy systems for direct sunlight with the right of
neighboring property owners to the reasonable use of their property
within other zoning restrictions. Such ordinances or by-laws may also
provide a process for issuance of solar access permits including, but not
limited to, notification of affected neighboring property owners,
opportunity for a hearing, appeal process and recordation of such permits
on burdened and benefited property deeds. Such ordinances or by-laws
may further provide for establishment of a solar map identifying all local
properties burdened or benefited by solar access permits. Such
ordinances or by-laws may also require the examination of such solar
maps by the appropriate official prior to the issuance of a building
permit.,
SECTION 7. The first paragraph of section 7 of chapter 40C of the
General Laws, as so appearing, is hereby amended by inserting after the
second sentence the following sentence:- When ruling on applications
for certificates of appropriateness for solar energy systems, as defined
in section one A of chapter forty A, the commission shall also consider
the policy of the commonwealth to encourage the use of solar energy
systems and to protect solar access.
SECTION 8. Section 81M of chapter 41 of the General Laws, as so
appearing, is hereby amended by inserting after the second sentence the
following sentence:- Such powers may also be exercised with due regard
for the policy of the commonwealth to encourage the use of solar energy
and protect the access to direct sunlight of solar energy systems.
SECTION 9. Section 81Q of said chapter 41, as so appearing, is hereby
amended by inserting after the seventh sentence the following two
sentences:- The rules and regulations may encourage the use of solar
energy systems and protect to the extent feasible the access to direct
sunlight of solar energy systems. Such rules and regulations may include
standards for the orientation of new streets, lots and buildings; building
set back requirements from property lines; limitations on the type,
height and placement, of vegetation; and restrictive covenants
protecting solar access not inconsistent with existing local ordinances or
by-laws.
SECTION 10. Chapter 184 of the General Laws is hereby amended by
inserting after section 23B, as so appearing, the following section:Section 23C. Any provision in an instrument relative to the ownership
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ACTS, 1985. - Chap. 638.
or use of real property which purports to forbid or unreasonably restrict
the installation or use of a solar energy system as defined in section one
A of chapter forty A or the building of structures that facilitate the
collection of solar energy shall be void.
SECTION 11. Chapter 187 of the General Laws is hereby amended by
inserting after section 1, as so appearing, the following section:Section lA. An easement of direct sunlight may be acquired over the
land of another by express grant or covenant, or by a solar access permit
as set forth in section nine B of chapter forty A.
Any instrument creating a solar easement may include, but the
contents are not limited to, all of the following:(1) A description of the dimensions of the easement expressed in
measurable terms, such as verticle or horizontal angles measured in
degrees, or the hours of the day on specified dates during which direct
sunlight to a specified surface of a solar collector, device, or structural
design feature may not be obstructed, or a combination of these
descriptions.
(2) The restrictions placed upon vegetation, structures, and other
objects which would impair or obstruct the passage of sunlight through
the easement.
(3) The amount, if any, of permissible obstruction of the passage of
sunlight through the easement, expressed in measurable terms, such as a
specific percentage of sunlight that may be obstructed.
(4) The provisions for trimming vegetation that would impermissibly
obstruct the passage of sunlight through the easement including any
compensation for trimming expenses.
(5) Any provisions for compensation of the owner of property
benefiting from the easement in the event of impermissible obstruction
of the easement.
(6) The terms or conditions, if any, under which the easement may be
revised or terminated.
Any instrument creating a solar easement shall be recorded in the
registry of deeds in the county or district or, in the case of registered
land, in the registry district of the land court in which the land affected
is situated.
SECTION 12. The executive office of energy resources and the
executive office of communities and development shall provide technical
assistance, including model solar ordinances, by-laws and easement
provisions upon request to municipalities and citizens of the
commonwealth to aid in the implementation of section one A of chapter
one hundred and eighty-seven of the General Laws, inserted by section
eleven.
Approved December 23, 1985.
Chapter 638.
AN ACT AUTHORIZING THE DIVISION OF CAPITAL
PLANNING AND OPERATIONS TO CONVEY CERTAIN
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