Drummey v. Town of Falmouth Zoning Board of Appeals

Rufo, Robert C., J.

INTRODUCTION

The Town of Falmouth constructed a wind turbine, known as Wind I, at the waste water treatment faciliiy which it owns and operates. The building permit for Wind I was issued by the town’s building commissioner on June 30, 2009 after he determined that a special permit was unnecessary. Wind I became operational in March of 2010. Thereafter, on October 4, 2010, the plaintiffs appealed to the Falmouth Zoning Board of Appeals which, on March 3, 2011, affirmed the issuance of a building permit for Wind I without a special permit.

A jury-waived trial on these…