Efforts to harness the wind in the industrial zone in North Harwich have been stalled by a lawsuit filed this week by Davenport Realty Trust against the planning board and property
A month ago the planning board approved a use special permit for the first wind turbine to be located in industrial zone in town. The approval was conditioned upon approval of a bylaw by the state Attorney General’s Office. Town meeting approved the use of wind turbines for industrial zones in May.
Gerald Bojanowski and Paul Bradford, owners of 500 Depot St. property, have been working with the town for more than six months to locate a wind turbine on their industrial property. After being urged to withdraw a variance request before the appeals board several months ago, they began working with the planning board to develop a bylaw for the industrial zone similar to one approved the year before for residential zones.
The bylaw was approved by town meeting in May and a month later the property owners went before the planning board and received a use special permit and site plan waiver to construct a 20- kilowatt turbine on a 100-foot monopole on their property.
No one spoke in opposition to the request in the hearing, though a letter was read into the record from Dewitt Davenport of Davenport Realty Trust, owners of All Cape Self Storage located to the west and in the town of Dennis.
The letter stated an objection to issuance of the permit citing a residence on the second floor of the storage property that would have an unobstructed view of the turbine. The letter stated concerns for damaging the quality of life in the neighborhood and cited noise, vibrations and sun strobing from the blades as having a damaging impact.
The planning board issued the special permit, but stated it was contingent upon approval of the new bylaw by the Attorney General’s Office. On Tuesday the town received notice of and appeal of its decision to Barnstable Superior Court by the trustees of Davenport Realty Trust.
The complaint filed by attorney Edward T. Patten of the Dennis firm of Zisson and Veara, charges the board’s decision set forth no findings of any nature as required by the bylaw, exceeds the board’s authority and is arbitrary and capricious. The complaint seeks to have the planning board’s decision annulled, or in the alternative to issue such different relief as the court deems appropriate.
by William F. Galvin
12 July 2007
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