News
Dozens of residents from the Back Bay neighborhood turned out at last night's [Newburyport] City Council meeting to urge councilors to re-examine a recently passed ordinance regulating the creation of wind turbines in the city.
Almost 20 speakers visited the microphone, with the vast majority asking councilors to listen to a letter sent to councilors by Ward 2 Councilor Greg Earls.
Earls filed a notice last week asking his fellow councilors to start a discussion that will look again at the wind turbine ordinance, including dimension, notifications and site suitability studies.
Citing pending litigation, councilors said last night they could not act on Earls' request, on the advice of the city's attorneys, Kopelman and Paige.
An appeal was filed in September by Scott and Caroline Blackman of 161/2 Hill St., and Daniel and Sheila Twomey of 16 Hill St., saying procedural protocol was not followed by the applicants and therefore the application should have been denied.
Once the lawsuit has been settled - which could go on for months or longer - councilors said, they would be willing to look again at the issue, pointing to the high meeting turnout and a petition that was filed by the Back Bay Association with the city clerk that included 270 signatures - the names of residents citywide who share their concerns.
Councilors passed the wind turbine ordinance in May. After it was passed, business owner Mark Richey, of Mark Richey Woodworking, was granted approval to construct a 292-foot high turbine in the industrial park.
A group of neighbors in the Back Bay Neighborhood Association is fighting the move, and several have filed an appeal of the city's approval of a special permit.
Telling the group they have provided officials with lots of information and material, at-large Councilor Donna Holaday added that it is not an appropriate time for the City Council to look again at the ordinance due to the lawsuit.
"You have made the choice to file a lawsuit naming the city," Holaday said. "We need to wait."
Earls agreed, saying there is enough to warrant a discussion, but not at this time. "We will reopen it," he said.
Back Bay residents told councilors there are studies and evidence documenting accidents and other issues with industrial-sized wind turbines that prove their concerns, including noise, size, "flicker" or shadow effects, ice throw and fires. Again and again, they took the podium to ask for another look at the ordinance adopted just a few months ago.
Nan Cook, 49 Hill St., told councilors the Back Bay Association is not against wind turbines, but they have real concerns about "siting," or where the wind turbine will go.
"None of us are against wind turbines," said Dawn Vallejo, 27 Cherry St. Saying it would be "wise" to go back and look the ordinance over again, Vallejo said the setbacks are an area of concern for residents who live close to the industrial park.
Don Walters, a member of the Planning Board, and Ray Nippes, chairman of the Greater Newburyport Chamber of Commerce, were among those who spoke in favor of the ordinance.
"We understand the safety issues," Walters said, saying the Planning Board expected public feedback on the measure and did their due diligence addressing those concerns.
Kathy Isbell, of Bromfield Street, said she attended all the meetings of the Planning Board's subcommittee that looked at the ordinance and was the only citizen to do so. "I was pretty impressed by the depth they put into it," she said, adding it is more conservative than wind turbine rules in other cities and towns.
Following the meeting, Vallejo said the residents were notified just prior to the meeting that the council would be acting on Earls' letter, saying it was an understandable move.
"With lawsuits, you have to be careful," she said, adding that the entire Back Bay Association is not a party in the lawsuit.
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