Item No. 2022-134Page 14 of 22
B. NEW BUSINESS (First Reading) (Refer to Planning Board)
BARNSTABLE TOWN COUNCIL
ITEM# 2022-134
INTRO: 02/17/2022
2022-134 ORDER PURSUANT TO M.G.L. CHAPTER 40A, SECTION 5 SUBMITTING TO
THE PLANNING BOARD A PROPOSED ZONING AMENDMENT
ESTABLISHING A TEMPORARY MORATORIUM ON THE CONSTRUCTION
OF LARGE SCALE GROUND MOUNTED SOLAR PHOTOVOLTAIC
SYSTEMS
ORDERED: That the attached two-page proposal to amend the Town’s Zoning Ordinance to establish a
Temporary Moratorium on the Construction of Large Scale Ground Mounted Solar Photovoltaic
Systems” submitted to the Town Council on February 9, 2022 by 10 registered voters is hereby
submitted to the Planning Board for review pursuant to the provisions of M.G.L. Chapter 40A,
Section 5.
SPONSOR: Mark S. Ells, Town Manager
DATE ACTION TAKEN
______ _____________________
_______ _____________________
____ Read Item
____ Motion to Open Public Hearing
____ Rationale
____ Public Hearing
____ Close Public Hearing
____ Council Discussion
____ Vote
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BARNSTABLE TOWN COUNCIL
ITEM# 2022-134
INTRO: 02/17/2022
SUMMARY
TO: Town Council
FROM: Mark S. Ells, Town Manager
THROUGH: Karen L. Nober, Town Attorney
DATE: February 17, 2022
SUBJECT: Order pursuant to M.G.L. Chapter 40A, Section 5 submitting to the Planning Board a
proposed zoning amendment establishing a temporary moratorium on the construction of
large scale Ground Mounted Solar Photovoltaic System
BACKGROUND: Section 5 of M.G.L. c. 40A, the state Zoning Act, provides that “[a]doption or
change of zoning ordinances or by-laws may be initiated by the submission to the city council … of a
proposed zoning ordinance … by ten registered voters in a city ...” Section 5 further provides that the
City Council “shall within fourteen days of receipt of such zoning ordinance … submit it to the planning
board for review.”
On February 3, 2022, a resident of the Town submitted a proposed amendment to the Town’s zoning
ordinance to the Town Clerk, along with the signatures of ten residents of the Town. On February 7,
2022, the Town Clerk certified that the petition was signed by ten certified voters of the Town. On
February 9, 2022, the petition was submitted to the Town Council by one of the proponents of the
petition. In accordance with G.L. c. 40A, section 5, the proposed amendment has been placed on this
meeting’s agenda for referral to the Planning Board.
FISCAL IMPACT: There is no fiscal impact.
STAFF SUPPORT: Karen L. Nober, Town Attorney
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