Falmouth Wind Turbine: No Grounds For Appeal - Letter

No Grounds For Appeal - Letter

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On February 27, the Falmouth Zoning Board of Appeals will deliberate on the Falmouth wind turbine approval. However, how does the ZBA have any authority to issue a permit under any circumstances? The ZBA does have authority to hear appeals under existing zoning laws but not to change them.

Town Meeting voted by a greater than two-thirds majority to limit the output of wind turbines, and the existing turbines have a far greater generating capacity that the zoning law permits. Simply put, there are no grounds for an appeal to the ZBA. If they do grant a permit on the grounds that they could have issued a permit at the time before the turbines were constructed, they have set a new legal principle that anyone that has a building constructed in the 1950s has the right to an appeal and that they can build anything that was allowed at the time, regardless of any changes subsequently passed by Town Meeting. The pressure being put on the ZBA by the Board of Selectmen should cease.

The press has published that Falmouth Board of Selectmen chairman Douglas A. Jones reportedly “...said that the Board of Selectmen promoted the project as serving the best interests of the town, stressing that the wind turbine project has been endorsed by Town Meeting no less than eight times.” Early votes authorizing the project were based on presentations that did not mention the problems that came up immediately after Wind 1 was put into service. Affected residents petitioned Town Meeting to cease operating the turbine.

After long debate the question, which required a two-thirds vote, was called. The vote was 63 percent to cease operation and 37 percent to continue operation—failing to make that two-thirds. As a result, Town Meeting voted to continue operating the turbines with that 37 percent. A list of the eight votes would be interesting.

Although money will be requested to cover wind turbine costs, Town Meeting has never been given a full report on these costs. This report should include how much revenue has been received, operating and maintenance costs and the efficiency of the turbines. Originally we were told that the turbines would be 38 percent efficient but this was later reduced to 33 percent. We should have actual operating data now. Town Meeting should have this information before it votes more money to assess the total budget implications.

Further, our past statements showed no debt for Wind 2; however, we have been informed that if we stop operating the turbine, we will owe $5 million. Normally the town would have recourse to the manufacturer on the grounds that the product was not merchantable for the location. However, Gerald Potamis, head of the Wastewater Department, signed a letter taking full responsibility for problems caused by noise generated. This was after Wind 1 was in operation and the contractor and manufacturer were reluctant to put up the turbine because of the problems with Wind 1.

This action essentially changed the deal and assumed $5 million of indebtedness without a vote of Town Meeting. What authority did a department head have to sign the letter and did the board of selectmen approve it? All of the above should be published well before Town Meeting.

Austin A. Heath, Town Meeting member, Paddock CircleEast Falmouth

Source : http://www.capenews.net/falmouth/opinion/no-grounds-for-appeal---letter/article_4c56e628-2bbb-5abc-a011-8dc480f9135b.html

Credit : Opinion -- Enterprise Newspapers