Tracer Lane II Realty, LLC v. City of Waltham
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The Supreme Judicial Court affirmed the judgment of the land court judge determining that the decision of Waltham officials not to allow a developer to construct an access road to certain property was improper, holding that there was no error.
The developer in this case sought to build a solar energy system in Lexington and an access road to the facility to Waltham. The access road would be on property zoned for residential use, and the system would be on property zoned for commercial use. When Waltham officials indicated informally that the developer could not construct the access road because it would constitute a commercial use in a residential zone the land court the developer brought suit seeking a declaration that Waltham could not prohibit the developer from building the road. The land court judge granted summary judgment for the developer. The Supreme Judicial Court affirmed, holding that Mass. Gen. Laws ch. 40A, 3 prohibited Waltham from banning the solar energy system, including its access road, from all but one to two percent of Waltham's land area.
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