Spinning Blades and Wheels

Spinning Blades

If you have been paying attention, you have seen the blades on the turbines spinning (seems one at at time).  If I understand it correctly this is the "shake down" phase.  Although full operation is coming shortly.

Everyone seems to be waiting for this (well everyone who has noticed them it seems).

Some with trepidation, others with simple curiosity and still others with positive anticipation.  Being honest, I am one of those in the middle.

I was driving down Route 6 Saturday, and the blades were shrouded in fog.   Not to the point you couldn't notice one of the turbines spinning though.  Based on the necks turning in cars and the fact that no one seemed to actually be speeding on the road you knew something was up. Never saw so many right turns onto side streets (and more than normal left ones from the opposite direction.

I suppose there will be quite a bit of that in the next few days.

Along with the vehicle traffic, I am assuming telephone traffic into town hall, the board of health and even the BPW will be picking up.

If you have a complaint it should be registered.

Indeed, the BOH, all three members I understand, will be meeting Tuesday in public to address the complaint protocol.    Whatever it is, it is only going to work out if everyone who calls is honest about the complaints.

Let us not kid ourselves into thinking that all the calls received will be legitimate.  It is a fact of life that there will be those who will call for the sake of calling.

I truly hope the town does do not see anything but legitimate calls.  It will be the only way to accurately assess the situation.  It will also be the only way to make sure the right response occurs.

Spinning Wheels

The special town meeting warrant is available.  You can go to the town website.  It apparently is available as a download.  I will do the work and try to figure out the best way to add it as a tab to the blog.

In the meantime the article I want to address is the wind turbine moratorium.  The town counsel opinion is that the article if adopted would be ineffective, i.e. unenforceable.  Most likely it would be. 

I absolutely would support an enforceable article imposing a moratorium.  As a citizen and resident of the town, I urge our Board of Selectmen and Planning Board, being the two agencies which would be primarily involved in working toward a moratorium to work hand an hand toward taking the steps to to impose the same.

I nonetheless ask my fellow Town Meeting Members to seriously consider voting against the article as is.  Why?

Well there is the obvious, and for me the most important.  I don't think it would do any good.   

Then there is the fact that such moves have a tendency to actually generate a rush to do something. Also, you end up with the complacency factor.  Some will assume because there is something in effect, there is no need to do more.  The credibility issue, i.e. if it wasn't any good the first time why are you doing it again.  

Let me say that I am perfectly willing to listen to any counter argument to whether this is an unenforceable article.  If you believe by enacting it, it will legitimately impose a moratorium, let me know that and why.  Please.

If the point is to force a vote on this article to make a statement, why not then amend the article to insure the right statement is made.  

I have checked whether this is possible.  I do think, however, that the article could be amended to the extent that the same would become a resolution, yes nonbinding, but one that clearly indicates the will of town meeting one the matter.

The proposed article is as follows:

ARTICLE 8 – WIND TURBINE MORATORIUM

 

We the registered voters of the town of Fairhaven, petition the town meeting to vote to immediately place a moratorium, to continue for one year following the date of this vote, to direct all elected Board members within the town of Fairhaven, and all appointed officials or employees of the Town of Fairhaven, to take all actions necessary, to cease, suspend and otherwise prohibit the permitting, construction, installation, and contract negotiation for the siting of any industrial-sized commercial or municipal wind turbines anywhere within the borders of the town of Fairhaven, on public or private land, under the present wind turbine by-laws or zoning by-laws by special permit, building permit or otherwise; and to direct the Fairhaven Planning Board during this one year period to comprehensively review the existing wind turbine by laws, and other zoning by-laws which permit wind turbines within the town of Fairhaven.

 In its place, perhaps something like the following:

Move to amend article 8 so that the same reads as follows:

We the town meeting members present and voting at the May 5, 2012 Special Town Meeting hereby resolve that our elected and appointed officials and Town employees take such actions necessary to conduct a comprehensive review of the the siting of any industrial-sized commercial or municipal wind turbines anywhere within the borders of the town of Fairhaven, on public or private land, under present applicable code or zoning provisions whether by special permit, building permit or otherwise; and we ask the Fairhaven Planning Board to immediately commence a comprehensive review of the existing wind turbine, and other zoning provisions of the town code which permit wind turbines within the Town of Fairhaven and to submit its recommendations to Town Meeting no later then the next annual Town Meeting. 

Assuming the article can be amended in this fashion (and it is an assumption at this point), we would have something that could be voted on and should be voted on which would provide direction from town meeting.  It being in the form of a resolution, the arguments against "adopting" a code provision that is unenforceable hold no validity.

It would rest squarely on the issue of whether town meeting wants this done, not whether town meeting is voting against it because it isn't enforceable and problems related to adopting an unenforceable article.

Once the review gets rolling, the town then has grounds to implement a valid moratorium, assuming people follow the proper procedure and don't let their personalities conflict with the actual obligations.

Now, if the petitioner is inclined to try something like this, than it his the petitioner's right.  The petitioner may want to seek guidance relative to the ability to so amend.  

It is offered as a suggestion, nothing more.