[ exact phrase in "" • results by date ]

[ Google-powered • results by relevance ]


News Home

Subscribe to RSS feed

Add NWW headlines to your site (click here)

Sign up for daily updates

Keep Wind Watch online and independent!

Donate $10

Donate $5

Selected Documents

All Documents

Research Links


Press Releases


Publications & Products

Photos & Graphics


Allied Groups

Zoning board denies Wind 2 appeals  

Credit:  By LANNAN M. O’BRIEN | The Falmouth Enterprise | December 11, 2015 | www.capenews.net ~~

Appeals relating to one of two town-owned wind turbines on Blacksmith Shop Road were denied by the Falmouth Zoning Board of Appeals Thursday, December 10.

Residents Linda H. Ohkagawa and Barry A. and Diane C. Funfar, represented by attorney Christopher G. Senie, and Neil P. and Elizabeth L. Andersen, represented by attorney J. Alexander Watt, brought forth two separate appeals of the building commissioner’s lack of enforcement against Wind 2, which began operating in February 2012. The board was tasked with identifying whether the parties each had standing in the case; whether they had knowledge of the building permit for the turbine within 30 days of its issuance and had a duty to inquire about the project; and whether they were guilty of a doctrine called “laches,” defined as an unreasonable delay or negligence in pursuing a right or claim that prejudices the adverse party.

“I feel that Ohkagawa had a stronger case,” he said, referring to her argument that she was unaware of the building permit until October of 2010, later than the other appellants. Mr. Foreman expressed frustration that the inaction of the building commissioner had “put the client in a pickle.”

Zoning administrator Sari D. Budrow reminded him that the building commissioner’s inaction was not before the board, and Mr. Foreman agreed that a good case had been made for laches. Ms. Ohkagawa and the Funfars’ appeal was also denied unanimously and the decision approved as written.

Source:  By LANNAN M. O’BRIEN | The Falmouth Enterprise | December 11, 2015 | www.capenews.net

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 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 $5 PayPal Donate


News Watch Home

Get the Facts Follow Wind Watch on Twitter

Wind Watch on Facebook


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