November 24, 2010
Massachusetts

Falmouth residents seek cease and desist order on town-owned turbine

By Brent Runyon, The Enterprise, www.capenews.net 23 November 2010

The town-owned wind turbine off Blacksmith Shop Road will have a full public hearing next week in which the Falmouth Zoning Board of Appeals will decide whether the turbine violates the town’s own zoning bylaws.

The hearing is scheduled as part of the regular meeting of the board of appeals on Thursday, December 2, at Falmouth Town Hall beginning at 6:30 PM.

Barnstable attorney J. Alexander Watt appealed the decision of Falmouth Building and Zoning Commissioner Eladio R. Gore, who determined in September that the turbine does not violate the town’s zoning bylaw.

Mr. Watt, who is representing Neil P. and Elizabeth L. Andersen of Blacksmith Shop Road, wrote in a letter to Mr. Gore that the turbine was never issued a special permit by the Falmouth Zoning Board of Appeals and should be shut down immediately.

Mr. Gore denied the request, stating that the town turbine is similar to other municipal projects such as water towers and reservoirs that are exempt from local zoning bylaws.

“I would further argue that a water tower, reservoirs, wind turbine or other municipal purpose would be considered by right uses, which would not require a special permit,” Mr. Gore wrote.

Board of Appeals Chairman Matthew J. McNamara said that even if the board of appeals determines Mr. Gore’s decision was incorrect, they do not have the power to issue a cease and desist order for the turbine.

It would be Mr. Gore, he said, who would have to issue such an order.

Attending the hearing and representing the town will be Mr. Gore, Town Planner Brian A. Currie, and Town Counsel Frank K. Duffy Jr., which indicates how serious the town takes this hearing, Mr. McNamara said.

Normally, when someone appeals the building commissioner’s decision, no one represents the town, he said.

Mr. McNamara has said publicly that in his opinion the town should not have bypassed its own zoning bylaw for the turbine.

Asked if he felt he could be impartial at the hearing, Mr. McNamara said he could be, but he would consult with the rest of the board and Mr. Duffy to see if he should recuse himself before the hearing.

There will be no testimony about noise complaints at the hearing, Mr. McNamara said, because it is not relevant to the issue of whether the turbine complies with the zoning bylaw.

If the board were to decide that the turbine does not comply with the zoning bylaw, Mr. McNamara said the town could either appeal that decision, or apply for a special permit from the board of appeals.

URL to article:  https://www.wind-watch.org/news/2010/11/24/falmouth-residents-seek-cease-and-desist-order-on-town-owned-turbine/