This letter was submitted to the Town of New Shoreham on Block Island prior to the Town granting permission for Deepwater Wind to erect a met tower on town land under the Special Temporary Provisions (Section 112) of the Town's zoning. Under Section 112, permits may be granted only for a use or purpose that cannot be accomplished by compliance with provisions of the ordinance. Attorney Hagopian argues that Deepwater's proposal does not meet the "exigent circumstance requirements" including risks to public health and safety or any other emergency or urgent necessity that warrants invoking this provision.

The Town of New Shoreham zoning includes Section 112 as follows:

Article 1 - Section 112 - Special Temporary Permits

A. The Town Council may, in circumstances of emergency or other urgent necessity for the public health and safety, grant temporary permits to individuals, groups or corporations to use property for uses otherwise prohibited, or permissible only by Special Use Permit, provided that:

1. A permit may be granted only for the use or purpose that cannot be accomplished by compliance with the provisions of the ordinance.

2. The permit shall be granted for the least period of time feasible, and in no event shall such period extend beyond six (6) months provided, however, that upon similar application one additional period of six (6) months may be allowed in accordance with these provisions.

B. A temporary building or yard for construction materials and/or equipment or a temporary trailer used for residential occupancy necessitated by any loss or damage of a principal structure by fire, hurricane or other natural disaster shall be permitted in any district subject [to] the approval by the Building Official provided,  that any building permit for any such temporary use shall be valid for not more than six (6) months unless such time period is
extended by the Building Official, for one additional six (6) month period, for good cause.

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