March 6, 2013

Old King’s Highway to appeal turbine rule

CHRISTINE LEGERE | Cape Cod Times | March 6, 2013 |

DENNIS – The battle over a shellfish hatchery’s proposal to build a wind turbine on beachfront property in Dennis continues, despite a court ruling last month that reversed a 2010 decision prohibiting its construction.

The Old King’s Highway Regional Historic District Commission voted unanimously Tuesday to appeal last month’s ruling by Orleans District Judge Brian Merrick, who said the panel overstepped its authority when it denied construction of the turbine near Chapin Memorial Beach.

The commission’s attorney, Leslie-Ann Morse, planned to begin the appeal process by filing some post-trial motions.

“The judge is on vacation for the next three weeks, so the motions won’t be heard until April,” Morse said. “Unless the judge amends his decision and gives us a victory, which is not anticipated, we will then file an appeal in district court.”

Aquacultural Research Corp. had proposed the 242-foot-high wind turbine to help contain its soaring energy costs. The Dennis Old King’s Highway Historic District Committee issued a certificate of appropriateness for the turbine project in 2010.

A month later, the regional commission overturned the local decision, saying the turbine didn’t belong in a residential and historic area. Aquacultural Research then took the case to court.

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