Falmouth Wind 1 Health Fiasco Ending April 14 2016

Falmouth Wind Turbine # 1 Health Hazard Ending 4/14/2016

"The structure known as Wind 1 is prohibited per the Falmouth Zoning Code" 

The Falmouth Zoning Board of Appeals (ZBA) as a quasi-judicial body charged under the provisions of General Law Chapter 40A, subject to the provisions of the Town of Falmouth.

M.G.L. c. 40A – The Zoning Act. Widely referenced as merely “40A”. Enabling law allows local communities to create zoning bylaws and ordinances under their police powers. Includes procedures for special permits, variances, appeals and public notification.

Zoning Board of Appeals Agenda for: 04-14-2016

59 TOWN HALL SQUARE, FALMOUTH, MA 02540
508-495-7460 – Fax 508-495-7463

AGENDA

April 14, 2016 – 5:30 PM
Board of Appeals Hearings & Open Meeting
Selectmen’s Meeting Room – Town Hall

5:30 PM: Open Meeting: Wind 1 Special Permit #62-15 – Discussion and review of Draft Decision for possible vote

http://www.falmouthmass.us/agenda.php?depkey=zone&number=7912

On the issue to whether Wind 1 is accessory to the WWTP – Sect. 240-33G(5)

The Town of Falmouth did not establish by direct fact that Wind 1 is accessory to the WWTP (vote 4-1)

On the issue to whether Wind 1 should be governed by maximum height restricts – Sect. 240-70
The Town of Falmouth establish that Sect. 240-70’s height restrictions did not apply (vote 5-0)

On the issue to whether Wind 1 meets performance requirements – Sect. 240-166
The Town of Falmouth did not establish by direct fact that Wind 1 would not cause ‘adverse impacts on the neighborhood’. (vote 4-1)

On the issue to whether Wind 1 will be compliant with other bylaw provisions – Sect. 240-216I
The Town of Falmouth did not establish by direct facts that Wind 1 complies with Sect. 240-110 Nuisance (vote 5-0)

TO BE CLEAR – The Special Permit Application by the Town of Falmouth for Wind 1 has not been denied.

The application, rather, has not met bylaw requirements to be eligible for a Special Permit and thus, further Zoning Board consideration.

Mark Bobrowski, attorney for the ZBA, will write a draft on behalf of the Zoning Board’s straw polling and discussion relevant the ‘hurdles’ not achieved.

Hurdles that are eligibility requirements for special permit consideration. Hurdles that have not been met by the applicant (Town of Falmouth).

In other words, a decision on the merits of a Wind 1 special permit is not necessary. The Town of Falmouth has not met necessary bylaw requirements.

Therefore, the structure known as Wind 1 is prohibited per the Falmouth Zoning Code.

source : http://www.windaction.org/posts/44486-falmouth-wind-turbine-deemed-ineligible-for-permit#.VweraPkrK00