Barnstable Superior Court will now decide whether a special permit should have been required before the town erected the first wind turbine at the Wastewater Treatment Facility on Blacksmith Shop Road.
Yesterday six residents, living as close 1,300 feet and as far away as 3,200 feet from the turbine, filed an appeal of the Falmouth Zoning Board of Appeals’ decision made in February that upheld Falmouth Building Commissioner Eladio R. Gore’s determination that the machine could be built without a special permit.
The plaintiffs are Mark J. Cool of Fire Tower Road, East Falmouth; Todd A. Drummey of Blacksmith Shop Road, East Falmouth; Brian W. Elder of Blacksmith Shop Road, East Falmouth; Barry A. Funfar of Ridgeview Drive, East Falmouth; Robert S. Laird of Blacksmith Shop Road, East Falmouth; and Lawrence V. Worthington Jr. of Blacksmith Shop Road, East Falmouth.
In the lawsuit, the six are asking the court to annul the February ZBA decision; find that the wind turbine, Wind 1, requires a special permit; order a cease and desist for the operation of Wind 1 until the special permit is approved; order Mr. Gore to issue the cease and desist order for Wind 1; and “grant such other and further relief as it deems proper.”