BOURNE – The town of Bourne, through its Board of Health, filed a lawsuit last Friday in Barnstable Superior Court seeking a declaratory judgment against the builder of four wind turbines over the town line in Plymouth.
Attorney Charles Sabatt joins Town Counsel Robert Troy to advocate for the board against Future Generation Wind. The town will argue that the turbines, although not in the town, will affect residents of Bourne and should be subjected to its bylaws.
The Board of Health is seeking a judgment that the project, owned by ConEdison, will be subject to its wind turbine rules and is asking that the turbines, three of which are fully constructed, be prohibited from operating until they have met town requirements.
A ConEdison spokesman said there has not been a date set for the turbines to begin operating.
At a Board of Health meeting in April, Jonathan Fitch, a lawyer with Future Generation Wind, said the turbines would affect a handful of Bourne residents, and a complaint protocol would be made available to them. He also said that since the turbines are in another town, the Bourne board had no control over them.
Bourne’s bylaws require anyone building a wind energy conversion system in the town to file notice with the Board of Health, and comply with rules regarding noise, shadow flicker, modulation, and emergency access.
“No person shall construct or install a WECS in the Town of Bourne unless in compliance with these Regulations,” the rules read.
The turbines have met all requirements from the town of Plymouth, a ConEdison spokesman said last week.