Library filed under Zoning/Planning from Massachusetts

Falmouth ZBA denies appeals on turbines

After hearing testimony and taking public comment, the board then denied an appeal by Linda Ohkagawa, who had requested that a cease-and-desist order prohibiting the operation of Wind 2 be enforced by the zoning enforcement officer. The board also denied an appeal seeking the same for Wind 1 and Wind 2 filed by Elizabeth and Neil Andersen. The appeals were denied based on the “doctrine of laches,” a rarely used doctrine that is enforced when parties assert their claim after a long delay.
12 Dec 2015

Zoning Board denies Wind 2 appeals

The board was tasked with identifying whether the parties each had standing in the case; whether they had knowledge of the building permit for the turbine within 30 days of its issuance and had a duty to inquire about the project; and whether they were guilty of a doctrine called “laches,” defined as an unreasonable delay or negligence in pursuing a right or claim that prejudices the adverse party.
11 Dec 2015

Turbine appeals hearing sparks heated discussion

Emotion drove comments at a Falmouth Zoning Board of Appeals hearing on an appeal by wind turbine neighbors on Thursday evening. As with the first, the second meeting addressing appeals of the building commissioner’s lack of enforcement against the Wind 2 turbine drew a full audience. ...Mr. Senie said that the Supreme Judicial Court’s decision relating to special permitting for Wind 1 applied equally to the second turbine. ...the town could have requested a different determination for Wind 2 ...but no such request was made.
27 Nov 2015

Members OK more funding for turbine lawsuits

Of the $915,000 total, $350,000 was appropriated for the special counsel budget and the rest was designated for service rubbish contractors, recycling services and short-term notes. With seven wind turbine lawsuits pending, Town Counsel Frank Duffy said the current budget would “not get us through the end of the year.”
14 Nov 2015

Voters squabble over turbines' future; $200K OK'd to make up shortfall for turbine shutdown

The bulk of the comments early Monday were against the turbines, including sharp comments from former Selectman Brent Putnam. He was on the board during several key turbine-related decisions and said, in retrospect, the board got faulty legal advice about their installation. "There comes a time where you really have to cut your losses," he said.
11 Nov 2015

Troy's Take: When the irrational becomes the absurd

We have turbines that lose money and a burgeoning legal budget that self-perpetuates with ongoing litigation that includes the town suing itself and its citizens. The town claims that it would, however, be too costly to simply stop the bleeding and dismantle the turbines. I have yet to see an official breakdown of these costs, and since the town still refuses to embrace transparency and actually post a copy of the town’s budget on its website, it is impossible to assess and understand any financial impacts.
30 Oct 2015

Planning board opposes turbine bylaw amendment

If approved, the amendment would allow town government the “special treatment” of exempting itself from its own bylaws, Ms. Kerfoot said. She and Mr. Brown agreed that the town should not be allowed that type of treatment. Mr. Herbst made a motion to recommend indefinite postponement on the article. The vote passed unanimously.
30 Oct 2015

http://www.windaction.org/posts?location=Massachusetts&p=2&topic=Zoning%2FPlanning
back to top