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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 ~~

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

Source:  Falmouth’s Zoning Powers on State’s Chopping Block | Falmouth's Firetower Wind | January 15, 2022 | mjoecool.wordpress.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 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.

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