“How We Got Here” in Falmouth
In Falmouth’s capenews.net, online edition of The Enterprise, reporter Lannan O’Brien included further details about Thursday’s ZBA action. “Unless the town appeals Thursday’s decision, the turbine will have to be shut down while it obtains permitting” (Wind 1 Appeal Granted By Zoning Board 9/18/15). A hearing on the request for a special permit to operate Wind 1 will be held on October 29, the same day as the hearings appealing the continued operation of Wind 2.
The article quotes attorney Christopher Senie. “’The right thing to do is to shut them down until they get their permits,’ he said by phone on Friday.”
At the hearing, Senie presented a step-by-step assessment of “how we got here” in representing impacted neighbors of “Wind 1 and Wind 2 at the Falmouth WWTF”
Wind Wise ~ Massachusetts 
The above comment is speaking in terms as an Associate Member of Falmouth’s Board of Appeals having recused myself from these proceedings.
A point of clarification ~
Falmouth Enterprise reporter Lannan OâBrienâs further details about Thursdayâs ZBA action are incorrect. She wrote âunless the town appeals Thursdayâs decision, the turbine will have to be shut down while it obtains permittingâ. According to Falmouthâs zoning code, Thursdayâs decision (once filed with the Town Clerk) is a mandatory enforcement action. No where in the Falmouth Zoning Code is there an authority specified or empowered that can âstayâ a Cease and Desist decision of the ZBA (especially a decision that involved risk to the health of residents).
The protocol to achieve a âstayâ (if sought by the Town or any other appellant aggrieved by the ZBAâs decision) would be to file an injunction with Barnstable Superior Court (procedurally note the Superior Court Judge Muse injunction protocol exercised by aggrieved neighbors).
Until a mirrored process is completed by the Town, and the Court would be amenable to the Townâs argument, Wind 1 shall remain shut-down pending the determination of the Special Permit process.
A point of clarification ~
Falmouth Enterprise reporter Lannan O’Brien’s further details about Thursday’s ZBA action are incorrect. She wrote “unless the town appeals Thursday’s decision, the turbine will have to be shut down while it obtains permitting”. According to Falmouth’s zoning code, Thursday’s decision (once filed with the Town Clerk) is a mandatory enforcement action. No where in the Falmouth Zoning Code is there an authority specified or empowered that can ‘stay’ a Cease and Desist decision of the ZBA (especially a decision that involved risk to the health of residents).
The protocol to achieve a ‘stay’ (if sought by the Town or any other appellant aggrieved by the ZBA’s decision) would be to file an injunction with Barnstable Superior Court (procedurally note the Superior Court Judge Muse injunction protocol exercised by aggrieved neighbors).
Until a mirrored process is completed by the Town, and the Court would be amenable to the Town’s argument, Wind 1 shall remain shut-down pending the determination of the Special Permit process.