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Falmouth appeals state court’s turbine decision
Credit: By JUSTIN SAUNDERS, CapeCod.com Newscenter | May 22, 2016 | www.capecod.com ~~
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Translate: FROM English | TO English
FALMOUTH – Falmouth Selectmen have decided to appeal the decision made by the state Court of Appeals that requests a special permit for one of the municipal wind turbines.
The court made the ruling in February, but since then the Falmouth Zoning Board of Appeals denied the town’s request for a special permit to operate Wind 1.
“The selectmen have carefully weighed the impact of this decision and find that the balance the long-range environmental and fiscal impacts to the taxpayers in the town of Falmouth are too great to allow this decision to stand without an objective review of the merits by the court,” said selectmen chair Doug Jones.
The turbine has been shut down since last September.
According to appeals board, the turbine was defined as a windmill and didn’t qualify for a special permit.
It had to serve as an accessory use to qualify for a special permit, but the height of the 397-foot turbine disqualified it from consideration.
In their discussions about the special permit, the zoning board also determined that there was sufficient evidence to prove that the turbine had negative impacts on those who live nearby and that noise from the structure was excessive in high and low wind speeds.
“We find it in the community’s best interest to protect this major public investment,” said Jones.
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