Drummey v. Town of Falmouth

We are asked to decide in this case whether the town of Falmouth (town) was required to obtain a special permit from the zoning board of appeals of Falmouth (board) for the installation of a wind turbine on town land. We conclude that, under the town’s zoning by-law (by-law), a special permit was required.

Background. The plaintiffs are Falmouth residents who live between 1,300 and 3,200 feet from a wind turbine known as “Wind l,” 4 installed in 2009 on town land at its wastewater treatment facility. Alleging significant distress from sound pressures and noise from the operation of Wind 1,…