Articles filed under Zoning/Planning from Massachusetts

Savoy to decide wind project's fate in July

While the Zoning Board of Appeals made no decision Tuesday night, its chairman and several members hinted that they are leaning against overturning a building inspector's decision to deny the company a crucial permit. ...Minuteman Wind will have one more chance to persuade members of the panel to overturn Building Inspector Phil Delorey's April 5 rejection of its application for a building permit. 
30 May 2018

Savoy wind turbine plan sparks Hawley concerns

“It [the project] will require the fragmenting of one of the largest blocks of undisturbed forest in western Massachusetts,” he said. “This project is about money — not about saving the environment.” “And then there’s the well-documented noise issues,” he said. “I’m convinced about 200 acres of our land will become undevelopable for residential use in the future.”
19 Dec 2016

No Decision Rendered By Zoning Board On Falmouth Wind Turbine Permit

Following a decision-making flow chart prepared by Falmouth special counsel Mark Bobrowski, board members weighed the existing turbine’s consistency with the 2010 town bylaw that was in place when Wind 1 was erected. ...board chairman Kimberly A. Bielan argued that neighbors testified in the hearing that curtailment would not lessen the impact of the turbine on their daily lives.
6 Mar 2016

Falmouth wind turbine permit headed for denial

The special-permit application is just one legal issue surrounding the turbines. Nine lawsuits are now pending in Barnstable Superior Court about their operation, said Westboro attorney Christopher Senie, who represents some of the neighbors. The special-permit denial may help quell some of those suits as well as deal with the continuing operation of Wind 2, he said. 
6 Mar 2016

Falmouth turbine permit headed for denial

The majority of board members found fault with the application on more than one front, including the zoning requirement that the turbine known as Wind 1 will not have "adverse effects" on either the neighborhood or the town. Throughout the permit hearing, which stretched over a half dozen meetings and several months, neighbors of the turbine presented evidence on multiple fronts, including personal testimony, in an attempt to show the negative effects of the turbine.
5 Mar 2016

Falmouth turbine zoning decision looms large

A six-year battle over the town's wind turbines faces a critical turning point Saturday when the Falmouth Zoning Board of Appeals will deliberate a special-permit application to keep one of the devices operational. The board has scheduled a public meeting to deliberate the application and is expected to vote on it, although a delay is possible. But whenever the board's decision comes, whether it marks the beginning of the end for the fight or simply sparks another round of litigation remains to be seen.
4 Mar 2016

Turbine special permit hearing closes

Representatives for the town and a dozen neighbors of its first wind turbine, known as Wind 1, gave closing remarks Thursday, January 28, regarding a special permit application for the turbine. The turbine is currently shut down in accordance with a cease-and-desist order issued by the board in the fall.
2 Feb 2016

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

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