Articles filed under Zoning/Planning from Massachusetts
An appeal regarding lack of enforcement by Falmouth zoning enforcement officer Eladio S. Gore to cease-and-desist operation of Wind 1 turbine was granted last night by the Falmouth Zoning Board of Appeals.
Falmouth's zoning board of appeals on Thursday issued a cease-and-desist order to temporarily shut down the Wind 1 turbine
Town officials are seeking to exempt from Proposition 2 1/2 the loan needed to pay for the estimated $6.4 million wind turbine project. The money will pay for the land acquisition, design and construction of the turbine on land off Algerie Road.
In a unanimous vote, the board denied an appeal of enforcement order signed by nine Falmouth residents who want the turbines shut down while the town applies for a special permit from the same board.
Town Attorney Frank K. Duffy Jr. said he did not know yet if the turbines will be shut down or if the town will apply for a special permit to keep them running. “It’s up to the selectmen what we’re going to do,” he said.
Neighbors of Falmouth's controversial wind turbines say the appeal of a zoning lawsuit should not reach the state's highest court because it does not involve issues that could affect the entire Commonwealth.
The town's new large wind energy facilities bylaw diminishes the prospect of industrial-scale wind turbines in Cheshire by requiring any turbine be set off from homes by at least a half-mile and emit limited noise. ... the bylaw passed by a margin of 87 to 27.
By a single vote, Peru residents at Saturday’s annual town meeting approved a zoning bylaw that bars major developers of wind energy from the town. The vote -- 105-52 -- exactly met the two-thirds-plus-one majority required.
Two years after banning “large-scale” commercial wind farms and putting on-hold any building of small on-premise turbines, Tuesday’s town meeting voters approved what Planning Board Chairman Matt Marchese called an “onerous” small scale wind bylaw.
Turbines have been out the headlines for a couple of years now but there still on the minds of state officials and the Department of Public Utilities has been inquiring into the best practices for land based wind turbines since Oct. 31. They held a hearing at Cape Cod Community College last Thursday (Feb. 4), to seek input on the guidance they hope to provide local officials.
As for the DPU taking control, Karns worries about putting permitting under their control because of the department's "formal" nature. Karns said the DPU typically permits large energy plants or pipelines and opposing a process in that arena could become expensive for small municipalities or advocacy groups.
Lilli-Ann Green, of Wellfleet, a member of Wind Wise-Massachusetts, wrote in an email that the group, which opposes the state's wind-energy policies, had asked for the extension to allow enough time for residents and experts to comment on the potential siting guidelines. The best practices developed through the process will not be regulations but would be offered to towns to use in existing reviews of wind-energy projects, according to state officials.
David Paliotti, an attorney representing Algonquin Heights, which is within 600 feet of the proposed turbine, said the turbine would cause his client's property value to plummet, could cause serious health problems and would also be an eyesore. Kerry Kearney, who serves on the town's Energy Committee, said the proposal is "the worst wind turbine site in the state."
With wind turbine proposals popping up all over town, several of them abutting residential areas, many neighbors and town officials have been clamoring for more stringent bylaws pertaining to the location of these behemoths and how high they should be allowed to soar.
"I think what we're seeing throughout the region, throughout the state, and actually throughout New England is that people are looking at the experiences of other people who live near wind turbines and are saying 'we don't want that in our community'," said Tillinghast.
Wind turbine proposals haven’t had the warmest reception in Plymouth, and this one is no exception. Attorney David Paliotti, who represents Algonquin Heights, the residential area closest to the proposed turbine, contends that it will exceed the sound limit guidelines, cause health problems, blight the landscape, and cause property values to nosedive. The Stop & Shop turbine would be located approximately 600 feet from the Algonquin Heights apartment complex.
Neil P. Andersen of Blacksmith Shop Road filed the appeal in November, asking the zoning board to overturn Building Commissioner Eladio R. Gore's ruling that Wind 1 did not present a nuisance by virtue of excessive noise-a ruling issued in response to a complaint by Mr. Andersen.
"Residents and abutters have little to no opportunity to have their voices heard in objections or their questions answered," Ms. Chase said. "Despite the numerous procedural errors that have occurred, the town continues to blindly allow this ill-sited project to deleteriously impact the public health, safety and welfare of the people who have made their home on Bearsden Road for years."
At the opening night of annual town meeting, voters approved a bylaw that dramatically reduces the size of wind turbines allowed in town. The planning board presented the revised turbine siting bylaw Monday night, about five months after a similar bylaw was rejected at fall's town meeting.
Kingston’s Wind Overlay District Bylaw requires turbine developers “to provide a form of surety at a date certain….to cover the cost of decommissioning in the event the town must remove the facility.” That certain date, and the size of the surety bond, will be decided by the Kingston Planning Board.