[ exact phrase in "" • results by date ]

[ Google-powered • results by relevance ]


Add NWW headlines to your site (click here)

when your community is targeted

Get weekly updates

RSS feeds and more

Keep Wind Watch online and independent!

Donate via Stripe

Donate via Paypal

Selected Documents

All Documents

Research Links


Press Releases


Campaign Material

Photos & Graphics


Allied Groups

Wind Watch is a registered educational charity, founded in 2005.

News Watch Home

Wind turbines still operating despite complaints 

Credit:  By Sean F. Driscoll | Cape Cod Times | Jul. 10, 2015 | www.capecodtimes.com ~~

FALMOUTH – Both of Falmouth’s controversial wind turbines will keep spinning while the town applies for zoning approval for the five-year-old devices, a Barnstable County judge ruled Thursday.

Judge Robert Rufo declined to issue a cease-and-desist order requested by neighbors in the wake of a Court of Appeals ruling that said the town should have received a special-use permit from its Zoning Board of Appeals before erecting Wind 1, one of its two turbines. Building Commissioner Eladio Gore did not issue such an order when, on June 11, he ordered selectmen to apply for a permit in accordance with the court ruling.

Since Gore would not order the turbines shut down until a special-use permit could be issued, the court must, attorney J. Alexander Watt said. He and attorney Christopher Senie, who represent two groups of neighbors who sued separately over the zoning issue and had their cases joined, argued that Wind 1 continuing to operate is analogous to a restaurant opening in a residential neighborhood before it gets zoning approval.

“For five years the turbines have operated unlawfully,” Watt said. “It’s inherent in the (zoning) bylaw that the cease-and-desist order shall be made.”

The suits were based on the town’s zoning bylaws, which exempt town buildings from the zoning permit process but don’t specifically exempt wind turbines. Although turbines do not have to be named to be covered by that bylaw, the Court of Appeals wrote that, since the town has a bylaw specifically for wind turbines, it is reasonable to conclude that the devices were not intended to be exempt from the zoning process.

But the Court of Appeals stopped short of ordering the turbines shut down, writing in a footnote to its decision that the town’s bylaws give the building commissioner that authority.

Town attorney Frank Duffy argued that the matter should stay at the town level. Senie has petitioned the appeal’s board to overturn Gore’s decision not to issue the cease-and-desist order, and a July 23 hearing is scheduled on that matter. Duffy has already applied for the permit, and the zoning board of appeals will start that process in August or September.

“It’s not a hollow or empty process,” Duffy said of getting the permit. “It’s possible – maybe even likely, I don’t know – (neighbors) will get the remedy they want there.”

There’s also another lawsuit pending over a nuisance claim against the turbines by neighbors before Judge Christopher Muse that is likely to go to trial.

Rufo said he wasn’t going to superimpose any new restrictions on top of the processes that are already underway at the town, but he didn’t rule out further action.

“It doesn’t mean I won’t,” he said. “I will if I think I should at any point in time.”

Source:  By Sean F. Driscoll | Cape Cod Times | Jul. 10, 2015 | www.capecodtimes.com

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

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial educational effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.

Wind Watch relies entirely
on User Funding
   Donate via Stripe
(via Stripe)
Donate via Paypal
(via Paypal)


e-mail X FB LI M TG TS G Share

News Watch Home

Get the Facts
© National Wind Watch, Inc.
Use of copyrighted material adheres to Fair Use.
"Wind Watch" is a registered trademark.


Wind Watch on X Wind Watch on Facebook Wind Watch on Linked In

Wind Watch on Mastodon Wind Watch on Truth Social

Wind Watch on Gab Wind Watch on Bluesky