The ‘decision making flow-chart’ guiding the discussion involved the follow relevant bylaw issues (hurdles). Straw polling was conducted on each.
Straw Poll Results
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.