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Both sides appeal wind project ruling  

Credit:  By Heather Wysocki, Cape Cod Times, www.capecodonline.com 5 April 2012 ~~

Attorneys on both sides of a debate over whether the New Generation Wind project belongs in Bournedale have filed state Land Court appeals of a Cape Cod Commission denial.

But despite using the same means to question the regulatory board’s decision, the appeals seek different outcomes.

On Feb. 16, the Cape Cod Commission denied, without prejudice, the 9.5-megawatt wind project proposed by Bourne landowner Tudor “Jerry” Ingersoll and Cape Cod Aggregates.

Exactly a month later, attorney Diane Tillotson, who represents New Generation Wind, filed an appeal of the commission’s decision.

The regulatory board’s findings that the project had more probable detriments than benefits were “arbitrary and unreasonable, contrary to law and have no factual support in the record,” Tillotson wrote.

She asked the Land Court to determine the project actually does meet the commission’s standards and that it should be sent back for reconsideration, according to the appeal.

The complaint also takes issue with Bourne commissioner Michael Blanton, who chose not to recuse himself; the commission’s denial of hazardous waste offsets offered by New Generation; and discussion of one of the commission’s sticking points – the project’s effects on nearby Grazing Fields Farm, that occurred after the public testimony period was closed, according to the document.

[…]

Despite a decision favoring his clients – 13 homeowners who live in the area of the proposed project – Westboro-based attorney Christopher Senie filed an appeal of the decision a week after Tillotson.

“Since they’re opening up the commission decision to court review, we felt it was important to participate in setting out what we think the commission might have missed as the most important part of the denial,” Senie said in an interview.

His clients were happy with the denial but concerned with some favorable feedback by the commission on several topics, Senie said.

Senie’s appeal seeks to have the Land Court reverse the commission’s finding that the four turbines are consistent with its Cape Cod regional policy plan and with Bourne’s zoning bylaws.

“Nowhere in the RPP does the Cape Cod Commission invite, endorse or require major industrial wind turbine power plants,” the complaint states.

In her appeal, Tillotson addressed the residents’ concerns as well, saying there is “no evidence in the record” that the turbines would have a negative effect on property values, Bourne’s water supply or abutters’ health.

Both appeals are scheduled to be discussed in an April 24 case management conference in Boston, court records state.

[rest of article available at source]

Source:  By Heather Wysocki, Cape Cod Times, www.capecodonline.com 5 April 2012

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

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