Falmouth’s zoning powers on state’s chopping block
Credit: Falmouth’s Zoning Powers on State’s Chopping Block | Falmouth's Firetower Wind | January 15, 2022 | mjoecool.wordpress.com ~~
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With respect to the siting of Mayflower Wind Energy’s wind energy system (including component parts), none of the MGL chapters and sections cited by Mayflower Wind Energy’s project (see * below) authorize “the state” to override local zoning by-laws in effect on the date when notice of intention was filed with the MA Energy Facility Siting Board or the MA Department of Public Utilities.
The zoning relief requested by Mayflower Wind Energy involves exemptions from all local zoning provisions duly adopted by Falmouth Town Meeting to ensure the health, safety and land rights of the community’s residents. This would include all local land use provisions of the Falmouth Zoning Code, including provisions regarding dimensional requirements, signage, height, site plan review, parking, nuisances, noise and interference.
Mayflower Wind states in its petition that its seeking local zoning exemptions from the MA Department of Public Utilities/Energy Facility Siting Board in order to allow for the timely construction of the Project.
Essentially, Mayflower Wind Energy is playing the State’s off-shore wind energy urgency against a municipality’s fundamental responsibility and duty to implement local zoning code pursuant to M.G.L. c. 40A (“The Zoning Act’’).
Has Falmouth, its state legislators, the democratic system … become so enamored, so indentured, so subservient that our community’s zoning bylaws should once again be sacrificed for the alledged “Greater Good”?
*
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40A/Section3
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter164/Section69J
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter164/Section72
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