Harwich Seeks Fast-Track For Wind Turbine Legislation
by William F. Galvin

            HARWICH – Town officials here and in Brewster met Friday with members of the Cape legislative delegation in an effort to fast-track special legislation that would facilitate the placement of wind turbines on land purchased for conservation and public water protection.

Both Harwich and Brewster town meetings have recently approved sites for locating wind turbines to be constructed and operated by the Cape and Vineyard Electric Cooperative while receiving the benefit of reduced electricity costs and payment for leased sites.

However, one of the Harwich locations is on a 72-acre parcel under the jurisdiction of the water department and designated for public well protection, which precludes other active uses on the site under Article 97 of the state constitution. The land in question is located of Westgate Road in North Harwich.

Voters approved the use of a portion of that site for a wind turbine and authorized selectmen two weeks ago to seek special legislation under the Article 97 provision to use this land for that purpose.

Brewster is planning to locate four wind turbines at two locations off Freeman’s Way. Two would be located in Commerce Park and two more at the 35-acre Barrows property, which voters in that town recently voted to purchase.

Brewster Town Administrator Charles Sumner said water protection was identified as a potential use. Brewster Selectman Ed Lewis said the land is located in wellhead protection zones for Chatham and Harwich. They both agreed special legislation is necessary to allow the use on the Barrows’ property under Article 97.

That amendment to the constitution was approved in 1972 and stated in part: “The people shall have the right to clean air and water, freedom from excessive and unnecessary noise, and the natural, scenic, historic, and esthetic qualities of their environment, and the protection of the people in their right to conservation, development and utilization of the agricultural, mineral, forest, water, air, and other natural resources is hereby declared to be a public purpose.”

The article gave the General Court the power to enact legislation to protect such rights. The amendment also provided the Legislature with the power to alter the use of those lands by a two-thirds majority vote.

Harwich Town Counsel John Giorgio said the Attorney General’s Office has concluded any disposition of these lands, including the lease of those lands as is proposed through a contract with CVEC, requires the approval of the Legislature under the Article 97 provision.

Giorgio said there are four steps that have to be taken to clear the land for use. The first is having the custodial board declare the land is no longer required for the initial purpose. Then town meeting has to vote to transfer the land to the board of selectmen. Then the state Department of Environmental Protection has to approve the change and then the Legislature has to approve special legislation by a two-thirds majority vote.

State Representative Sarah Peake, D- Provincetown, said the Patrick Administration has a “no net loss” policy when taking land for an alternative use. She also said when the town of Orleans was looking at locating wind turbines in watershed areas they wanted a narrow access road with a water permeable surface.

Giorgio added the Legislature wants to see a reverter clause so when it is no longer used for this purpose, it goes back to the water department.

Cape and Islands Senator Rob O’Leary, D- Cummaquid, said the Energy Siting Act, which is scheduled to be reported out in January initially contained a provision that would allow wind turbines on Article 97 land, but it was taken out because environmentalists saw it as an assault on the environment.

O’Leary said Secretary of the Executive Office of Energy and Environmental Affairs Ian Bowles was pushing to have the Energy Siting Board take over municipal control, but there will now be language making sure the town has control over siting.

Assistant County Administrator Maggie Downey asked if these turbines could be located for longer than the 15-year agreement proposed and she wanted to know if the legislative approval is linked to a timeframe. Giorgio said no, that with vacant land town meeting can authorize a lease for any period.

Lewis wanted to know how long it takes for the special legislation to be acted upon. Peake said it would not happen until the next legislative session and could be acted up between January and July 31.

“If we make a big push, we can move it up once it’s on the floor,” O’Leary said. “Frankly, no one pays any attention to it; it’s the process of getting it there.”

Peake said the three legislators, including State Representative Cleon Turner, D- Dennis, would co-sponsor the bills and make sure they go through on a parallel course.

Again, Peake cautioned the need to match a land contribution under the Patrick Administration’s “no net loss” policy. Sumner said they are purchasing the 35-acre site. Harwich Town Administrator James Merriam said the town is purchasing 2.90 acre in the Island Pond Conservation Lands, but could hold off to accommodate that policy.

Downey said the land contributions would be minimal, citing 1,000 to 2,000 square feet per site for the base of the tower and a small building.

The Executive Office of Energy and Environmental Affairs is frantic to put up a windmill anyway they can,” O’Leary said. “They’re not going to make it difficult.”

Merriam said he would pursue the DEP approval and work on addressing the “no net loss” policy so that Harwich has all its ducks in a row when the special legislation goes before the General Court.

11/26/09