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Community Corner

ZBA WIND TURBINE LAWSUIT NEXT

Falmouth between a rock and a hard place.   The Zoning Board of Appeals shall establish procedures and shall conduct its meetings consistent with the provisions of Massachusetts General Laws.   The key word here is consistent.   The Falmouth Wind 1 turbine has been decided by the board that it is a nuisance in one hearing. The Falmouth Wind 2 in other hearing was decided that turbine is a nuisance.   There are ongoing hearings in Falmouth on the Notus Clean Energy turbine. This turbine is the mate of the Falmouth Wind 1. The Wind 1 and Notus Clean Energy turbines were built at the time by Vestas Wind Company.   On May 1,2014 the Falmouth Zoning Board of Appeals can only make one decision and that is that the Notus Clean Energy wind turbine is a nuisance.   The Falmouth Zoning Board of Appeals has on two previous occasions ruled the turbines are a nuisance. The distance to residential homes in the most recent third case is the worst case scenario of the other two with the worst setbacks to residential homes.   If the Falmouth Board of Appeals doesn't find the Notus Clean Energy turbine a nuisance then the home owners should file litigation against the Town of Falmouth for making inconsistent ruling on the turbines .    There must be prior Massachusetts Supreme Court case law that shows that town zoning boards of appeal must make consistent rulings. How could the town rule two turbines are a nuisance and the third is not ?   The members of the Falmouth Zoning Board of Appeals have to make themselves aware of the requirements and or regulations that shall be consistent with local needs when imposed by the board of appeals after comprehensive hearings. The board on two previous occasions has found two Vestas V -82 wind turbines to be a nuisance   http://www.mass.gov/hed/docs/dhcd/cd/zoning/zoningact.pdf

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