In his response to Barry A. Funfar’s complaint regarding Wind 2, Falmouth Building Commissioner Rodman L. Palmer said the wind turbine has not been abandoned.
In his letter, Mr. Funfar alleged Wind 2 violated Chapter 240 Section 3B of the zoning bylaws, and since it has failed to operate for more than 12 consecutive months, it should be considered abandoned.
Wind 2 was shut down in June 2017, after Barnstable County Superior Court Judge Cornelius J. Moriarty II upheld a zoning board of appeals decision deeming the turbines a nuisance.
In his response, Mr. Palmer said this regulation does not apply to Wind 2 because of when it was installed. The letter indicates Wind 2 was issued a permit and became operational in February 2012.
“The building permit and the date of initial operation are both beyond the six year enforcement provision of G.L. c. 40A, s. 7 for structures erected in reliance upon a building permit,” Mr. Palmer wrote.
He added that he does not consider the property abandoned by the town.
“While it is not currently operating, the town is performing periodic maintenance to preserve it for relocation,” Mr. Palmer wrote. “The Town Manager has informed me that he has engaged an engineering firm to assess other locations for the removal and future operation of Wind 2.”
According to the response, Town Manager Julian M. Suso agreed to provide Mr. Palmer with a status report regarding Wind 2 by January 31, 2019.